DCA taking money from my account without my permission

[Stressed150]

Hi guys, just wanted some advise on the following matter, one again, concerning a DCA (surprise, surprise!). A certain DCA have been taking token payments which I had agreed with them from my account, though no D/D or standing order was ever set up, without my knowledge or permission. This has been going on for around five months now and only came to my knowledge around two months ago, I juts let the matter be as I assumed they are gettin their payments and are not hassling me.... however, I now want to CCA them, but am afraid they will continue to take payment from my account even without an enforceable agreement. I know it was very very stupid of me to not make an attemp to stop them from doing this in the first place, however, I was just grateful for the peace and quiet it offered me if I'm honest.... I am pretty sure there is no valid CCA with the OC, as I have CCA'd them before (around two years ago), and all they sent me was a copy of the current terms and conditions! Any advice as to what I can do reagrding the payments situation..?

[mr.ton]

Did you ever give them your bank card details?

If so, they are prob taking money out that way.

You need to get your bank to put a block on the card immediately if this is the case & request a new one.

[cymruambyth]

I had this problem with 1stC. I wrote a letter of complaint and supplied a copy of the unauthorised entries on my bank statements - a cut and paste job so that they couldn't see the balance or any other payments. I then requested a refund of all the money taken without authorisation, which they repaid.

They did this twice, the second time I posted on CAG for advice and the money was returned before I could ask for it:eek:

[harrassed senior]

If this is a true Direct Debit, then you can claim the money back via your bank, as I believe, if you authorise a certain amount on a regular basis, the creditor MUST inform you several days in advance that this amount is going to change. This is a legal requirement.

 

Just cover all bases as mentioned above.

[Stressed150]

Thanks for replies guys Mr ton....... Yes they do have my bank details, I shall be requesting a change of card today.... could I possibly use the fact that the DCA have been acting 'outside their authority' to put it mildly, would this go against them in any CCA dispute etc?

 

Cymruambyth.... was it the DCA who refunded you the charges? Would they do this even though I owe them money?

[Stressed150]

Hi harassed senior.... no D/D or standing order was ever set up with the bank, I remember this as I do not have any D/D's set up with any DCA's! Also the bank have confirmed that the funds are not leaving my account via a standing order or D/D... they advised me that I need to take it up with the company taking payments and advised me as Mr.Ton did, in that if they have my card details, they are able to take payment, authorised or unauthorised!

[cymruambyth]

Hi, yes it was th DCA because even though I allegedly owed money, they had no authorisation to collect the amounts that they were collecting, which contravenes lots of regulations. Sorry, but can't quote specific regs because they refunded the money before I could write to them..........I think if you go to the CAG library you can find OFT guidlines etc and its in there.

Edited April 14, 2009 by cymruambyth
Added info

[Stressed150]

Thanks Cymruambyth.... will be pursuing them for this x

[babybear39]

Take out enough money to live on and then get your bank to order you a new card telling them that the payments are unauthorised. This happened to me with paypal and my bank sorted it within a week.

[Stressed150]

Thanks babybear.... I want to find out if I can hurt this particular DCA where it hurts as well tho..... reporting them to people like TS, and IC, won't get me anywhere surely, as the DCA's seem to get away with just a slap on the wrist!

[babybear39]

Request their complaints procedure, they have 8 weeks to reply satisfactorily. If you're not happy with their final answer, report them to the FOS.

 

It wouldn't hurt to report them to TS and the OFT as well.

[babybear39]

Thanks babybear.... I want to find out if I can hurt this particular DCA where it hurts as well tho..... reporting them to people like TS, and IC, won't get me anywhere surely, as the DCA's seem to get away with just a slap on the wrist!

 

The more complaints that TS and the OFT get the more likely they are to act.

[Stressed150]

The more complaints that TS and the OFT get the more likely they are to act.

 

Fair point..

[bulletpoint]

Hi folks, As far as I know, you can claim the monies back via your bank by advising them that these withdrawals were never authorised by you. The DCA will then have to proove you gave them authourisation to do this. If you only gave permission to use your account details once, they are in deep water.Ask for a SAR which should show you all of the information they have ever put on your notes internally which should give you the information you need. Good luck!!

[Stressed150]

Thanks Bulletpoint, this is a route I shall definitely be pursuing.... however, can the bank not argue that as I owe the company money they were obliged to pay out?

[bulletpoint]

Sorry got caught on the phone!! No the bank cannot say they are obilged to pay. This is your money and no one has the right to use your card details without your express authorisation. The company I work for do take card payments automatically for customers, but we always HAVE to ensure we have the authorisation noted and how many months we can take the payments for, at then end of this time we have to contact the customer to request authorisation to be extended etc. .

[Stressed150]

 

This is the experience I have with pretty much all other DCA;s apart from this one, thanks Bulletpoint..

[diddydicky]

just to confirm what bulletpoint says

 

your card when used is for ONE transaction only - not only is it illegal for them to use it again it is illegal for them to keep the card details- report this to the bank and point out that you will report this to WATCHDOG if they do not respond

 

i think you will find that NO bank will want to be seen on TV or in the press as allowing traders to keep or collect on debit cards more than once

 

beleive me- exposing a bank allowing this to continue would be a MAJOR national issue which watchdog would LOVE to expose

[Stressed150]

Strong worded letter sent off to DCA last week, explicitly stating I want all money taken withut consent refunded and I want evidence of my ever giving them authority to take money from my account, and that if they can't do this I will be reproting them to the police, OFT, TS, ICO and makin their practices public in the media. I also pointed out that they were retaining my card details without consent, so that was thanks to you Bulletpoint and Diddydick... they have responded to my letter by putting my account on hold untill they investigate further... will keep you posted on the outcome of this 'investigation'!

[diddydicky]

you should also write to your card company explaining the deception and demanding that they refund the payments to your account immediately= they are jointly and severally liable with the people who raised the transaction (the dca)

[Stressed150]

Hi diddydicky, I have telephoned my bank several times regarding this, and Im prett sure they have a note regarding this on their system or something, as I was told that if i have given a company my card details even though they should'nt take payment they ususally will and that it was asn issue between me and the company involved.....

[diddydicky]

well i can assure you they are fobbing you of

 

i have run a business using credit card facilities and the rules are strict

 

You need to WRITE to the bank recorded delivery and point out that hyou authorised ONE transaction on your card on such a date and then later you found that they had kept your card details and without your authority used the card again. tell them that you will make an almighty fuss and seek national publicity if they confirm that your card can be used over and over without your permission

 

trust me ar**es will be kicked

 

this is NOT your responsibility

 

i once had a dispute with a well known builders merchants who had the ***son lot,

 

the hire dept one day because it could not get hold of me- dug out a previious transaction slip from a week or so before and used it

 

I complained to them and the bank and the person responsible (not the bank manager) was instantly sacked and although i was not officially told i KNOW that the entire nationwide use of the card terminal by that company was put in jeopordy and written assurances had to be supplied as to future conduct

 

telephone calls for complaints are not worth a light- people will deny and fabricate to get themselves off the hook

[Stressed150]

diddydicky you seem to be in the know about these things, I appreciate all your advice, and I will be writing to my bank tommorrow regarding this, I've had enough of being fobbed off by them, it's not the first dispue that I'll be having with them either... will keep u posted on the outcome of both the DCA and the bank....

[Stressed150]

Dear Sir/Madam

Upon reviewing my monthly bank statements, I was shocked to realise that there are funds which were paid to DCA from my account which I never authorised.

Although I have previously consented to DCA taking funds from my account, I have never given them consent to retain my card details, or to take any money at a later date. Furthermore, there is no Direct Debit or Standing Order set up with DCA, nor have I entered into any such agreement with DCA, that would give them consent to either retain my card details, or take funds from my account.

I believe the total amount of £XXX to have been taken fraudulently from my account by DCA .amount of £XXX left my account on XXX for each month.

It is my understanding that you as a bank have the responsibility to ascertain that authorisation by myself is obtained before any funds leave my account. In light of the situation I have found myself in, it is clear that you failed to obtain any authorisation.

Furthermore, I initiated my dispute with reference to DCA, with you by telephone in XXX. I was informed by the customer services representative, that if I had given my card details to a third party then they would take funds from my account as they pleased! Also, that I would have to dispute any payments with DCA.

I feel that you as my bank share responsibility of allowing these fraudulent transactions to take place, as you failed to obtain evidence of my authorisation before allowing the funds to leave my account.

In order to solve this dispute I am demanding the full sum of £XXX to be refunded to my account as a matter of urgency. If you are refuting my claim, please provide me with relevant evidence of authorisation you have received from XXX. If you cannot provide me any evidence, I will be in a position to make an official complaint with OFT, Trading Standards, ICO as well as making public in the media, the failures by you as a bank which consequently resulted in what can only be described as fraudulent activity on my account.

For your reference, I have enclosed relevant copies of the statements of my account showing the disputed transactions.

Please note, a response or at the very least your acknowledgement of this letter will be appreciated within 7 days.

 

Lots of love

 

Stressed 150

xxx

[Stressed150]

Please lemme know what you think to the above before I send thank you x