Continuous Payment Authority - what are they - how to cancel

[citizenB]

A Continuous Payment Authority (CPA) is a method of payment that is used by companies to whom you might need to make a regular payment.

 

* Recurring payments are often used for magazine subscriptions, gym memberships or payday loans.

 

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

 

Until 2013, it was very difficult to cancel these payments - that all changed when the regulator, the Financial Conduct Authority became involved.

 

 

 

Continuous Payment Authorities - it is your right to cancel

 

We have found that card issuers, such as banks and building societies, were not always cancelling continuous payments authorities when their customers asked them to. Following this, they have now tightened up their procedures to make sure when you cancel; the money stays in your account.

 

If you give a company the long number across your debit or credit card and authorise it to regularly take money out of your account, you probably have a continuous payment authority.

 

If you have ever had one of these payments set up and then struggled to cancel it, you should be aware that you have the right to cancel through your card issuer and to complain if it does not do so. See how to cancel other types of payments.

 

 

 

 

 

 

Information in the following posts should help you cancel these payments without too much hassle.

[citizenB]

 

Payday loans

 

When taking out a payday loan, it is common for the lender to set up a continuous payment authority on a debit card. However, we sometimes hear of payday lenders varying the dates and amounts they claim from customers’ accounts and making repeated attempts to take payments.

 

Our findings revealed that some card issuers were calling continuous payment authorities set up with payday lenders ‘guaranteed payments’ and incorrectly refusing to cancel them when requested by their customers. Those card issuers have now agreed to end this practice.

 

You should be aware, no matter if the firm you are dealing with calls a continuous payment authority a ‘guaranteed payment’, ‘recurring payment’ or ‘recurring transaction’, it is still your right to cancel it directly through your card issuer.

 

http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel

 

 

This FSA guide has now been updated to include advice regarding CPAs:

 

http://www.fsa.gov.uk/static/pubs/co...ghts_guide.pdf

 

 

Cancelling a regular card payment:

 

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.and that CANCELLING YOUR CARD WILL NOT STOP THE CPA

 

If your bank still refuses to cancel the CPA, then you should escalate your complaint to the Financial Ombudsman

[citizenB]

From 28 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 lenders or for other regular payments such as subscriptions or gym 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

[citizenB]

28 June 2013

 

http://www.bbc.co.uk/news/business-23099564

 

It's not a direct debit, it's not a standing order, it must be a... continuous payment authority? Banks ordered to cancel monthly debits on request and thousands could get compensation

 

 

• Recurring payments are often used for magazine subscriptions, gym memberships or payday loans
  
• New rules should make it easier for customers to cancel the payments
  

Read more: http://www.thisismoney.co.uk/money/cardsloans/article-2350682/Continuous-payment-authorities-Banks-ordered-cancel-monthly-debits-request.html#ixzz2XWMBO3HO

 

 

Banks obliged to cancel recurring payments

Continuous payment authorities are used on products such as breakdown recovery membership and payday loan repayments, and are notoriously difficult to cancel

 

The FCA also said that about 30,000 consumers who lost out because a bank failed as requested to cancel a CPA are in line for compensation.

 

This applies to all complaints made since November 2009 when the old FSA began regulating banking conduct. Consumers who lost out but didn't complain should now do so.

 

http://www.guardian.co.uk/money/2013/jun/28/banks-cancel-recurring-payments

[citizenB]

The payday loan firms will say this is not possible, but it is - in accordance with Regulation 55 of The Payment Services Regulations 2009:

 

 

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

 

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

 

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

 

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

 

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

 

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

 

You can learn more about your rights via the following FSA guide:

 

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf

 

And

 

http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_payments.pdf