Xbox Fortnite in game debits from a cancelled debit card

[Andy111]

Sorry if this is in the wrong section as not sure where exactly its best suited.

 

We got the bank statement the other day & noticed 23 separate Xbox in game credit debits for Fortnite for £7.99 each over a 4 week period. 

daughter insists she didn't order anything. 

 

most will say "of course she would and just denying it etc" I'm not going to say I believe her even though I'm assuming using real cash to buy in game credit comes with a clear notification that your using real money (and stating the amount each time) to buy such in game credit.  I still need to check the Xbox security settings to see if as I think I did, I did set a security pin for purchases

 

a few things are puzzling me on a legal footing and that mainly what I want to ask about.

 

As the bank statement indicates the card in question is an old card I had replaced and cancelled a while ago, about the time these transactions started. 

When I ordered the new replacement I asked for the previous card to be cancelled.  2

 

weeks later I had to report the replacement card stolen\lost abroad and ordering another again asking for that card to be cancelled to prevent unauthorized use and money being taken from the bank account.

 

I've already contacted the bank to enquire how and why they have allowed payments from an old debit card I had replaced and cancelled?. 

They suggest that the card was never cancelled when the replacement was ordered and that the old card would remain valid until the expire date in a couple of years time!!!. 

 

I asked them how on earth this can be the case as the replacement card has a completely different number and ordering the replacement should trigger (as per my request) cancellation and usage of said card.  The bank is suggesting otherwise as because the card was valid when setting up Xbox live that the card can always be used even if replaced regardless of reason it was replaced or if we cancelled the card. 

 

They justified this action by saying the payments are continuous payments (similar to direct debit) and that's why they went through and referred me to Microsoft.

 

I pushed the issue and said they are not continuous payments but single individual 1 off payments that by nature (in game credit) and the number of payments (23 x £7.99) they could never claim them to have been continuous payments as a pre existing agreement for such payments for the game in question would have to exist and have existed when the card was valid which it doesn't. 

 

these payments should not have been made because they are neither continuous payments and come from an old debit card that was replaced and cancelled. 

The bank sort of agreed that these payments maybe are not continuous payments yet are now unsure where I stand. 

I have been referred to there disputes department.

 

Feeling I'm going to get the same run around on the rights over taking payments from an old replaced card that was supposed to be cancelled, I'm wanting to know what members think on a legal footing?. 

 

As its like the bank saying I can use the same old & replaced debit card details to order items online because its still in date even if replaced & cancelled which I find highly unlikely!.

[BankFodder]

I would start off by sending the bank an SAR. Which bank is it?

[Andy111]

Hi, the bank is TSB and they are being of little use in clarifying if these payments should have gone through or not seeing at the card was replaced and them not being continuous payments and simply referring me to Microsoft to dispute and request a refund.

[dx100uk]

sadly the bank are quite correct and the internet is littered with 100's of like stories where people interpret what they signed upto with Microsoft and what a cancelled debit card really means.

 

when you pay using a debit card to people like Microsoft or Payday loan lenders you agree to also setup a continuous payment arrangement as there is thus an ongoing relationship.

 

no CPA's against a card are cancelled should it be lost, damaged, cancelled or replaced, until the recorded exipry date.

the CPA was setup using the details of the card AT THAT TIME. 

it a bit like a dca getting a backdoor CCJ at an old address because of your error in not updating your creditors of a move...its YOUR responsibility.

 

you could argue with MS its unfair, but I've not seen many succeed esp where there are pin no's that should be used and implemented to stop this very issue..again ..that's your responsibility 

 

 

[Andy111]

Thanks for the reply dx100uk,

 

trying not to split hairs,

surely I can verbally withdraw consent for any such usage of a debit card at any point which I thought I did when requesting the replacement?.

 

The bank has indicated the only reason the transactions were authorised despite being a replaced card was because as you say a continuous payment arrangement. 

 

surely this would only apply to individual products or services (games & services like Xbox live) that required an initial payment to receive such services in the first place. 

 

In the case of a free to download & play game can the same agreement really be valid as a user would never have made a pre agreement under the same continuous payment terms?.

 

[dx100uk]

someone signed up to to MS/xbox live using that debit card, when they did, they agreed to it's continued use.

same as say using one to pay paypal on ebay purchases, within their T&C's they state it sets up a CPA.

 

I would also suggest that as the instances of such complaints to xbox live dropped of the radar dramatically sometime back, their T&C's must have changed to clearly stating there is a pin to prevent such in game purchases.

 

you need to carefully look at when the card was 1st used with microsoft and for what purpose and what it actually signed the cardholder upto.

[Andy111]

As I recall at the time, we used the debit card only to subscribe to Xbox live, though could be wrong.  I know since bought no paid games as such were directly bought from the card via the Xbox itself.  I guess I'll have to find the original t&c's on the Xbox to see exactly what it says we signed up for and agreed to.

 

[dx100uk]

when you subsided you also agree for the card to be used for in game purchases , the card is not used for verification purposes.

the fact you didn't buy the GAME itself on the card is immaterial.