Is this theft/fraud?

[nuddy]

Hi

 

I owe a company £195, I've been talking quite nicely with the guy at the place and paying little bits here and there. He was quite happy with the fact that I was awaiting refund of bank charges and that the full amount would be paid as and when that would be, or I would continue to pay small amounts each month.

 

I was paid on 25th and looked at my bank account today. It seems that the company have taken the full £195 from my card - I did not authorise this payment nor did I speak to them on the 25th - in fact, it's been a month since I spoke to them, and was courteous to give them my new address (was moving) and tel. no for their records.

 

Is this theft? They've basically stored my card details and used them without my permission.

 

Can anyone give me any advice on this?

 

Ta

[buzby]

It's not theft - you gave them your card details, but it was a silly thing to do bearing in mind you lose all control when you do this. If a credit card you can probably get a reversal, if a debit card, all the bank will do is say take it up with the firm. Giving out any card number is line giving them open access to your money.

 

Call your bank and explain that you did not agree to the amount being taken (that the amount was in error) and ask for it to be recalled, THEN ask for their ability to debit your card to be rescinded, or if that cannot be done, your card reissued with a new number.

 

Then DON'T give the number out!

[Zamzara]

Is it possible to use a card without giving the number?

[buzby]

You can swipe it at a terminal, which means the data provided is a one-off transaction with the customer present.

[notsmilingyet]

Seems the line between automatic payments and one offs is not clear to most consumers :/

[nuddy]

I think it's a blackspot. What if you pay over the phone for, say, pizza then they keep the details for anyone to use willy-nilly, isn't this the same kind of thing where they're not authorised to take money from the account?

[buzby]

What you've outlines is fraud. The card holder has a reasonable expectation to pay for his pizza and not expect his card details to be retained. In any event, he could say to his bank he had never given permission for an on-going debit, and the retailer would have to prove otherwise.

 

For the original point being discussed, you have used your card often to make sundry payments previously and not questioned them, and your complaint is not that they took a payment, but the AMOUNT - which is not the pizza scenario. Whilst you can assert you never ordered the additional pizzas, it's only your word against a merchant who has taken a number of payments from you, that the amount was wrong.