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Unauthorised transaction??


Guest Alison82
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Guest Alison82

This is not related to charges, but I have an arrangement (no DD or SO) where I am paying off a balance a per month where I call them up and pay it over the phone, last month I paid using my new card, this month they have kept me details on file and taken the payment without my permission, I wasn't going to pay the whole amount this month as something else has come up but I would have paid the remainder by next month.

 

They have never done this before I have always stated the amount over the phone first and they process it whilst on the phone to me

 

Does this company have the right to go and take the payment from my account they want?

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Guest Alison82

Not yet, I had a shock this morning when I checked online, do you think they will refund me the difference?

 

I'm so annoyed with them, I have an account with HFC and when they keep my details to post-pone a payment they always write to me a few days before to let me know. They can't just go into someone’s account just because they can!

 

Thanks, I’ve been stressing all morning! Like I don’t have enough to deal with; with all these claims lol

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Speak to the company first ask them to reverse the money, they will probably say no, but the bank will want to know the companies position, then report it to your bank, it took a few weeks but I did get my money back.... probably the only good thing the Halifax did for me!

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I think it's highly unlikely the company will give you your dosh back if you still owe them money. Your best bet is to noise up the bank, as colour-me-happy says. It may take while though.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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You should speak to the company first asking on what grounds they took the money from your account. If there has been no prior agreement that they can take the money on a monthly basis, demand the money be refunded-NOW. If they

refuse, tell them that it is either that or you go to your crdit card company and demand a charge back because of an unauthorised transaction. [Companies do not

want charge backs so I expect they will agree.]

If they agree that it was a mistake, I would expect an offer of compensation of

some kind as I believe if they have taken money from your account without your permission that it is a serious matter. Perhaps some of the others who have had a

similar experience could advise you on what you should expect.

A follow up letter will be necessary- its content depending on todays outcome.

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Noising up the bank will indeed work, but we need to process an switch (maestro) chargeback report and then send it to the retailer. The retailer then has a certain timescale (around 28 days?) to show us how and when the transaction was authorised. If they can't do that then we can get the customers money back. I work in a branch, but from speaking to the department concerned the timescale can be up to 6 weeks. I'd assume its a similar system for credit cards.

 

So basically I'd try the retailer first, they are not allowed (well, supposed) to process any transactions without your authorisation. If they do agree the refund it should take no more than a few days to be credited back to you.

 

Yes they can ask "can we take this payment of £9.99 from your card every month" and if you agree thats fine for them to do it. But they're not allowed to take any payments (regular or not) without your authorisation.

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Correct me if I am wrong but taking money from someone without permission is

THEFT isn't it?

Yes technically it is theft but as far as I'm aware you can't just go to the police station and report them like you would a person, you would need to go through the courts. They would probably just put it down to error and it would be accepted as a "genuine mistake".

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Yes technically it is theft but as far as I'm aware you can't just go to the police station and report them like you would a person, you would need to go through the courts. They would probably just put it down to error and it would be accepted as a "genuine mistake".

 

I agree that if HFC pay the money back now, something that other posters are sceptical about, then I would accept that as a "genuine mistake". However the fact that Alison does owe them money may encourage them to want to hang on to it.

If Alison did not permit them to take the money from her account and they refuse to repay her because of an outstanding amount, then they are guilty of theft. And despite what you may think,corporate bodies are capable of being investigated by the police for allegations of theft. Even if Alison was not already making payments to reduce the debt, would still not allow HFC to take money from her account.

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Fair enough, I've just never heard of or seen it done before. Was pretty sure the police would take the line of just claim it back using your issuing banks existing procedures.

It would be interesting (and amusing) to see the rozzers turn up at Megbucks PLC and arrest someone. :D

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Phew! reminds me of the old "signature on file" trick that hotels used to pull. Back in the days of credit card slips (remember them?), hotels used to be able to add to your bill after you'd left if they'd forgotten to charge you for something (or you'd nicked the towels). They would simply fill in a new slip, using the information from the one you signed, and write "signature on file" in the signature box.

 

Ahh, those were the days...

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Guest Alison82

I called my bank yesterday they advised my to sort it out with the other company first then if I couldn't come back to them. After a lot of ringing around I got intouch with a manager from the company she said that when I had signed my conract I gave authorisation for them to take a payment if they could not contact me (they said they tried but my phone was unavalible). In the end she have me a refund of the amount I wanted on the agreement that they would take the payment at the end of the month, I agreed to this.

 

I have requested a copy of my contract anyway as I want to see if it actually does say that- I doubt it though, if it doesn't I may take it further once my money is safely in my account.

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I called my bank yesterday they advised my to sort it out with the other company first then if I couldn't come back to them. After a lot of ringing around I got intouch with a manager from the company she said that when I had signed my conract I gave authorisation for them to take a payment if they could not contact me (they said they tried but my phone was unavalible). In the end she have me a refund of the amount I wanted on the agreement that they would take the payment at the end of the month, I agreed to this.

 

I have requested a copy of my contract anyway as I want to see if it actually does say that- I doubt it though, if it doesn't I may take it further once my money is safely in my account.

 

Glad you got the money back, when you get the contract IF you have signed for them to take money from your card at any time, then write back and revoke the authorisation, I would do that anyway even if you haven't signed it.

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