Loan Direct took an unathourised £67 from my Natwesticon bank account

[thecookiemonster]

Hi all,

 

on Thursday 15th May 2014, a company called Loans Direct took an unathourised £67 from my Natwest bank account,

I have no idea where they got my details or card details from.

 

I rang Natwest on Friday 16th May 2014 and they rang Loans Direct and

obviously this call was recorded by Natwest it was a conference call

and they confirmed to myself and Natwest that they would refund in full.

 

I followed the instructions on their site that I was given on the phone and have been waiting and waiting.

 

i attempted to speak to their customer services again but they are very rude

and say you can only sort this out online and won't discuss the refund.

 

I sent them a letter recorded delivery on Monday which was signed for yesterday,

I stated that if they didn't refund by the end of this week in full i would take this through the small claims court

and contact the Financial Ombudsman.

 

I received a message today offering me £34.99 back which I have refused

it says they have charged me £1 per day for being a member

yet it says I have been a member for 0 days,

I have a screenshot of this as evidence, also there's some £15 charge.

 

despite them agreeing on a recorded phone call and having sent that letter recorded they are still not listening or refunding me fully.

 

What should I do next?

 

I have emailed them again but my other 3 emails have been ignored and they won't talk about it on the phone.

 

Thanks.

[silverfox1961]

Hi

Sorry you were missed. Your bank should have clawed back this money instead of leaving it to you. this was an unauthorised payment.

 

If the bank refuse to help, complain but in the meantime, I would send Loans Direct a Letter Before Action giving them 14 days to refund or you will see them in court.

 

7 ST. PETERSGATE

STOCKPORT

CHESHIRE

SK1 1EB

[thecookiemonster]

Hi thanks for the reply.

 

I will contact my bank again, was going to put in a complaint to Natwest, might do that tomorrow and see what they do.

 

That address is different to the address which I sent my letter before action on Monday, the address I sent it to was in East Sussex and was provided to me on their website.

 

Thanks.

[silverfox1961]

The Bexhill on Sea address is the 'customer support (or lack thereof) office. The address above is their head office where all legal papers should be sent

[thecookiemonster]

Thank you for your help, that's great.

[thecookiemonster]

i sent a recorded letter last Friday which was signed for on Tuesday,

this was sent to the above address in Stockport,

 

so far nothing despite me informing them I have recorded evidence

and despite me insisting I will report them to the FOS and take them to court.

[dx100uk]

GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS

.....

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companies

.

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

.

banks MUST follow written intructions from their customers !

.

This fsa guide has now been updated:

.

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

.

Here's the text:

.

Cancelling a regular

card payment:

.

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see:

http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

.

http://www.theguardian.com/money/2012/feb/24/continuous-payments-authority-know-your-rights?newsfeed=true

..

.

New june 2013

.

Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.

.

Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement

by contacting their card provider, the Financial Conduct Authority said.

.

The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)

due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.

.

CPAs, which are also commonly called recurring transactions or recurring payments,

are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.

.

Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when

a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by

mistake following cancellation by a customer the customer will be refunded immediately.

.

In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-

cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints

since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.

.

Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today

customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.

.

“We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.

From now on we expect them to be getting this right. In addition, they have committed to review past complaints.”

.

http://www.ftadviser.com/2013/06/28/regulation/regulators/fca-banks-have-to-cancel-recurring-payments-if-requested-UxbeHUuYQIy0SEYbGRE4tJ/article.html

.

Also mentioned your displeasure that as whomever took your money had obviously attempted this many times

probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.?

.In the FSA's own words:

.

 

..

What should I do about a payment from my account that I didn’t authorise?

.

Your bank must refund an unauthorised transaction.

Money can only be taken from your account if you have authorised the transaction

or if your bank can prove you were at fault –

 

see below.

Contact your bank immediately if you notice an unauthorised payment from your account.

 

If you are sure you did not authorise the payment, you can claim a refund.

 

However, your bank does not have to refund you if you do not tell it about the payment until 13 months

or more after the date it left your account.

.

Your bank must refund an unauthorised transaction

.

------------------

.

Your bank may only refuse a refund for an unauthorised transaction if:

.

? it can prove you authorised the transaction

– though your bank cannot simply say that use of your password,

card and PIN proves you authorised a payment; or

 

? it can prove you are at fault because you acted fraudulently,

or because you deliberately,

or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction

.

-----------------------

.

How quickly must my bank refund me for an unauthorised transaction?

.

The bank must make the refund immediately unless it has evidence that one of the above reasons applies.

 

Your bank may ask you to answer some questions and fill out a form confirming what has happened,

but it cannot delay your refund while it waits for you to return the form.

 

If the bank has evidence that one of the above reasons for refusing a refund applies,

it may investigate before making a refund

but must look into it as quickly as possible.

 

If your bank rejects your claim for a refund it should explain why.

If the transaction was on a credit card, the refund may not happen immediately.

 

But the card issuer cannot charge interesticon or ask for repayment of the amount unless it can prove you are liable to pay

[/b]

 

These are your statutory rights under FSA regulations. They are not guidance.

.

if you did it by your banking portal:

.

then follow this:

.

http://www.consumeractiongroup.co.uk/forum/showthread.php?424472-Changes-introduced-to-help-customers-recover-payments-accidentally-sent-to-the-wrong-account&p=4534173#post4534173