Unauthorised debit card transaction

[Russ]

Does anyone know what the legal position is when someone takes money from your account without authorisation?

I pay for my car each month by cheque apart from one occasion last year when I used my debit card, so they've got my details. I've just found out that the company I pay has taken money off my debit card today and I certainly did not give authority. I spoke to my bank but unfortunately I'm with HSBC who use an Indian call-centre and the guy I spoke to was useless.

Apparently applying for authorisation off my card without my consent isn't itself an offence but nobody seems to want to help me any further. The finance company said they'd but it back on my card today but haven't and I'm going to be without money from my account over Christmas (luckily I still have cash on me). I want to take action immediately, does anyone know the next step?

[LostintheNW]

Your bank should refund the money to your account and then take it up themselves with whoever has taken the money and claim the money back. I'd call again and demand you speak to someone who acutally knows what they are doing, taking the money without consent is in effect theft - use that word they soon pick up their heals!

[Escapee]

was the payment due?

[paulyoung666]

Originally Posted by Escapee

was the payment due?

are you thinking they have used the card as a backup for a late payment , sorry if i am on the wrong track russ

[Russ]

Obviously the bank can't refund the money, and this month's payment was made 2 weeks ago.

I am absolutely livid over this.

[paulyoung666]

Originally Posted by Russ D

Obviously the bank can't refund the money, and this month's payment was made 2 weeks ago.

I am absolutely livid over this.

and i can quite understand that ............ , but it is gone 9-00 pm on xmas eve and i cant see that you will be able to do anything about it , enjoy xmas as much as you can in the meantime

[Paul M]

Change bank when you have sorted it.

[Maggy J]

You can't even go and raise a stink in your bank until Wednesday.

I soooo hate banks.They have such a stranglehold over us.It's not as if you can refuse to have an account because they have persuaded just about every organisation to pay employees through a bank account.Gah!

Incog.

[Russ]

Originally Posted by Incognitas

You can't even go and raise a stink in your bank until Wednesday.

I soooo hate banks.They have such a stranglehold over us.It's not as if you can refuse to have an account because they have persuaded just about every organisation to pay employees through a bank account.Gah!

Incog.

I'm not all that angry at the bank over this, it's the finance company. I've reported them to the bank now and I'll go to the police if need be.

The fact is something may come up over the weekend and I'll need money - this could put me in an awkward position.

[Escapee]

Originally Posted by Russ D

I'm not all that angry at the bank over this, it's the finance company. I've reported them to the bank now and I'll go to the police if need be.

The fact is something may come up over the weekend and I'll need money - this could put me in an awkward position.

This is a scam and Russ is after a sub!

No seriously, I only asked in my previous post if payment was due because of a problem I had a few years ago. I ordered something and the wrong item turned up, the company was less than helpfull and I found out they had a habit of taking an order (second hand classic car parts) and then trying to source the part. I got in touch with my credit card company and they weren't really interested, they said if the company hadn't supplied a part. ie: taken money but provided no service, the credit card company would of taken action. Unfortunately the company had sent me a much cheaper/wrong part so the credit card company saw it as a different issue.
They said the company completed the transaction and being supplied the wrong part was not their issue. I was very close to getting in my car and driving to Chester with my Baseball bat!

I know it's different here, but you may find the bank will not be as helpfull as you expect them to be. I had a loan with my bank and they kept taking the money before the agreed date, I told them it wouldn't happen the next month because there wouldn't be any money in the account. I changed banks and within a couple of weeks changed back, as I found barclays to be far worse than my old bank. I found exactly the same when someone I knew worked for my banks callcentre and accessed my account to check my finances/transfer money?, the bank wanted nothing to do with it and made every excuse just to smooth it over becaue the person had only worked for them for a few "convenient" weeks!

[etccarmageddon]

Originally Posted by Russ D

Does anyone know what the legal position is when someone takes money from your account without authorisation?

I pay for my car each month by cheque apart from one occasion last year when I used my debit card, so they've got my details. I've just found out that the company I pay has taken money off my debit card today and I certainly did not give authority. I spoke to my bank but unfortunately I'm with HSBC who use an Indian call-centre and the guy I spoke to was useless.

Apparently applying for authorisation off my card without my consent isn't itself an offence but nobody seems to want to help me any further. The finance company said they'd but it back on my card today but haven't and I'm going to be without money from my account over Christmas (luckily I still have cash on me). I want to take action immediately, does anyone know the next step?

make an official complaint and state if action isnt taken then you will take them to the banking ombubsman. also phone up and tell them your debit card has been compromised/stolen so request a new card.

[etccarmageddon]

a few years ago a standing order debitted £150 from my account at the nationwide. funny thing was though that the SO was a one off standing order from a year ago but their system had paid it again by mistake - I went into the branch and complained and the assistant said she would request the money bank and the when it's back credit my account.

I impolitely told her that this was their mistake and to refund the money immediately into my account as any waiting or problems they have in getting the money back is no concern of mine. The account was immediately creditted.

Be persistant and if necessary find a number of an office in this country - keep on the phone and be a moaning old lady.

[handyman]

'DRIVE AWAY WITH OUR BEST EVER DEAL' - lol

16.9 apr is roughly working on a base rate of 8% (depending on their admin charges)

most finance co.s sell a base rate on a 03 car at 4.5-5% flat

ex

£5000 over 5 years at 8% woud be 116.67 per month.
Total amount payable £7000

£5000 over 5 years at 5% would be £104.17 per month
Total amount payable £6250

Thats £750 you should not have to pay.... (£700 would be the commision to the car dealer)