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On:line finance


bigjohnk
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Hi All,

 

Has anyone had any dealings with these people over the last few days?

 

I recieved a letter last Saturday informing me that my account was in arrears, I knew that it wasn't so I called.

 

I was informed that due to an electrical storm the computers had gone haywire & sent out letters telling people that they were in arrears!

 

I was advised to check my bank account on Monday to see if the payment had been taken as per the letter, if so I was to call them back & they would refund my money immediately.

 

I duly checked my bank & sure enough the payment had been taken out, so I called them & was assured that the money would be refunded straight away!

 

I checked my bank on Thursday & no refund, so I phoned again I was told that it had been processed that day & would be in my bank at midnight.

 

I checked my bank about 30 minutes ago & still no refund, so I called yet again & was told it had been processed today & would be in my account by Monday, which by the way is the date that the payment should go out normally!!!

 

What I would like to know is where do I stand & is there anything I can do as this has caused me a huge amount of inconvenience, especially as I was due to be going Christmas shopping tomorrow

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Is it on Direct debit? If so, then they legally have to give you notice (usually 10 working days) of a change to the date or payment amount. If they don't, they breach the direct debit guarantee and you are entitled to a full and immediate refund.

 

what many people don't know is that this refund can be given to you by your BANK - it is then up to them to get the money back from the person who shouldn't have taken it out.

 

See this leaflet as most of the customer services staff at banks will tell you it's up to the retailer:

 

Direct Debit - Your rights

 

If your bank don't, they are breaching the banking code, which gives you two people to sue!

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Further developments on this!!

 

I finally recieved my refund the day after my usual payment was due to go out, unfortunately due to the delayed refund it left my bank account somewhat low, so my bank refused a direct debit to another company & refused the DD to On:line finance & they also charged me £50 for the pleasure!!!

 

Can I assume I can claim the bank charges back from On:Line Finance as it was their mistake in the first place?

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Further developments on this!!

 

I finally recieved my refund the day after my usual payment was due to go out, unfortunately due to the delayed refund it left my bank account somewhat low, so my bank refused a direct debit to another company & refused the DD to On:line finance & they also charged me £50 for the pleasure!!!

 

Can I assume I can claim the bank charges back from On:Line Finance as it was their mistake in the first place?

 

 

You can claim the charges back from your bank as they were the result of an unauthorised DD (might be the easiest way). But as online finance have admitted the error they may be prepared to refund if you can prove it to them.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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I just recieved an arrears letter from these people, I phoned to explain the situation & was told to write in & they would consider whether the charges will be refunded.

 

As I an rubbish at composing "official" sounding letters has anyone got any tips especially if there is any legislation I can refer to?

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Just out of interest, what are they financing for you and how much is the DD?

 

I am presuming from reading your post that your account with them is in arrears, because they took a payment too early which left no money in your account to pay the due payment??

 

I will draft you a letter if you can answer the above.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Chesham,

 

The finance is for a car I bought from Available Car & is for £226.05 P/M for 48 months

 

Yes, as they took out the payment incorrectly it left me with no money & the refund I got arrived the day after the DD would normally go out!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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ok, i will do it now for you.

However, if your account was not in arrears to start with, then they took a payment and then one was missed, surely it should be £0 now as when they incorrectly took a payment, it would have put your account in credit??

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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To Whom It May Concern,

 

Reference; Account Number XXXXXXXXX

 

I am writing to you with regards to the above account, for which I have received a letter stating my account is in arrears.

 

I would like to draw to your attention the first letter which was sent to me on XX/XX/2006 which stated that my account had gone into arrears. I was surprised at this, and contacted you on XX/XX/2006 at XX:XXpm. I spoke to one of your advisors, who stated that due to a computer error, it had generated letters advising customers they were in arrears and that a payment had been taken from my bank.

 

I checked with my bank, who advised me that a payment had been taken by yourselves. I called your company back and was advised that I would recieve a refund from you - however, this did not happen for XX days, despite constant telephone calls to yourselves, during which each time I was assured it would happen 'the next day'.

 

The refund finally went into my account on XX/XX/2006, which was the day after which a payment to yourselves was due. However, due to my tight personal budget, I did not have enough money in my account to cover that due payment and it was rejected. This is when my account went into arrears.

 

I do feel that given the above circumstances, I should not be penalised for this matter. I should NOT have had a payment taken on XX/XX/XXXX and by varying the date and amount of the direct debit you have, I feel you have breached the Direct Debit Guarantee offered to consumers, and shall consider pursuing this with the Office of Fair Trading.

 

With regards to the arrears on my account, I do not feel that I should be out of pocket for a mistake made by yourselves.

 

**YOU NEED TO PUT HERE HOW YOU WANT TO RESOLVE THE ARREARS ISSUE**

 

I should advise you that should this matter not be resolved to mutually satisfying conclusion, then I shall have no choice but to refer this matter to an external party for further investigation as to the above circumstances and how you were able to obtain an unauthorised payment.

 

Yours Sincerely,

 

 

XXXXXXXX

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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  • 2 weeks later...

Thanks for the help Chesham, sorry for the delay things are a bit hectic at the moment.

 

Just one more question, I'm about to send a letter to On:Line requesting a refund of both my bank charges & the charge they levied due to the returned DD, as I need to send proof of the bank charge I have 2 options, one is to send a print of the screen grab of my bank statement showing the charge, if I do this I would blank out all the other details of the account just leaving the relevant info visible, would this be acceptable or would I be better off getting a letter from the bank confirming I had been penalised on such & such a date??

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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A bank statement, or something in writing from the bank would probably be ok. Personally, I have sent companys copies of bank statements and highlighted the charge - using a black marker pen to blank out any confidential information. I know my bank, Nationwide, will allow you log on to internet banking and download PDF replicas of my bank statements so maybe you could do something similar?

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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