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Money taken from expired card

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  • November-Man
    November-Man Posts: 10 Forumite
    Hi,
    For anyone who is interested, this may raise some eyebrows:D
    In October '07 my wife's credit card expired, followed the necessary protocols and received and activated the new card with HSBC and subsequently thought everything was okay:o
    Fast forward to April '10 and transactions are starting to appear on her statements, these are being transacted in Sweden using the credit card cancelled in October '07.
    The banks response quote " have you recently been to Sweden, do you know anybody in Sweden, even though it is an expired card it can still be used".
    Now hang on - I thought if a credit card expired, that was it, NOT according to HSBC, if someone has obtained that number we have to prove the transaction is fraudulent otherwise we pay the charges! ! !
    So where are we - currently cancelling our credit card and then changing our bank, with that sort of attitude we do not need HSBC:wink:
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    There's a bit of a mantra that runs on this forum. The gist is that once you've signed up for a CCA, you're stuck with it for life unless you can get the merchant to agree to stop charging you, regardless of cards expiring etc.

    My experience is if you have authorised a CCA, you can still get it stopped if the merchant charges outside of what you agreed. If they give you a method to cancel, you follow that and they ignore it, then it isn't a problem to get the credit card company involved.

    CCAs certainly can survive a credit card expiry, but not always. In fact I've often had providers say payments have failed due to expired cards and could I resupply details. Perhaps they are not processing them as CCAs, I'm not sure.

    Finally, whatever the status of a CCA, if you have contracted to take the service then you owe the money.

    So, you can't assume a CCA expires because of a credit card expiry. And if it does expire (or you cancel it) then unless you've clearly cancelled the underlying service within the agreed terms, then you could still be liable to make further payments, albeit by a different method.
  • exel1966
    exel1966 Posts: 5,050 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    DAVE465 wrote: »
    If i had done it as a direct debit or a standing order, as in agreed for money to be taken from my bank account directly i could understand, but i did not, i agreed for money to be taken from my debit card untill it expired. And you carn't use a debit card once it has expired can you ?, well i carn't anyway ;).

    I am sure i wil be refunded in full


    Here we go again. Another new poster who because he doesn't like the answers he's received will argue the toss no matter how many times he's told he's wrong.

    Nowhere does it state on MSE, you'll get the answer you want to hear, but you may get the correct answers. Try taking them in !
  • DAVE465
    DAVE465 Posts: 7 Forumite
    exel1966 wrote: »
    Here we go again. Another new poster who because he doesn't like the answers he's received will argue the toss no matter how many times he's told he's wrong.

    Nowhere does it state on MSE, you'll get the answer you want to hear, but you may get the correct answers. Try taking them in !

    Alright carm down carm down :rotfl:,

    I asked for legal advice and i got it, i wasn't argueing with the advice i got , it's just that i didn't agree that it was morally right for a company or bank to do that with an expired card.

    I was refunded in full btw, if you had took in ;) all my posts you would have seen that for yourself , you see my friend in my book just because something is legal doesn't always mean that it's right and if i belive i have been done wrong by i will to my best to put it right. Which i did :T
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    DAVE465 wrote: »
    Alright carm down carm down :rotfl:,

    I asked for legal advice and i got it, i wasn't argueing with the advice i got , it's just that i didn't agree that it was morally right for a company or bank to do that with an expired card.

    I was refunded in full btw, if you had took in ;) all my posts you would have seen that for yourself , you see my friend in my book just because something is legal doesn't always mean that it's right and if i belive i have been done wrong by i will to my best to put it right. Which i did :T

    You'll have someone on moaning about your spelling in a minute...
    Then someone saying you're a troll...

    Par for the course.
  • HouseHuntr
    HouseHuntr Posts: 522 Forumite
    DAVE465 wrote: »
    Alright carm down carm down :rotfl:,

    I asked for legal advice and i got it, i wasn't argueing with the advice i got , it's just that i didn't agree that it was morally right for a company or bank to do that with an expired card.

    I was refunded in full btw, if you had took in ;) all my posts you would have seen that for yourself , you see my friend in my book just because something is legal doesn't always mean that it's right and if i belive i have been done wrong by i will to my best to put it right. Which i did :T

    LOL, of course you were, they always refund Trolls don't they ! :rotfl:
  • Evilm
    Evilm Posts: 1,950 Forumite

    CCAs certainly can survive a credit card expiry, but not always. In fact I've often had providers say payments have failed due to expired cards and could I resupply details. Perhaps they are not processing them as CCAs, I'm not sure.

    I've worked for a company that does these types of payments. As long as they are using the same system they can charge a card no matter how old as long as the underlying agreement is still valid (eg. new card but only because expiry date etc, never cancelled due to fraud etc).

    The only time they failed was when the system software had to be updated and the system wouldn't accept expired cards because it saw them as "new".

    for reference one of the cards they charged expired in 2001 and it still went through. In this case the details had been kept on the system from a contract that ended in 2000 and the customer had just signed up again with the company and that reactivated the account in the system resulting in the customers card being charged even though they had been given a post paid account this time round.

    I hated dealing with these systems because they usually are dealt with in a unsatisfactory manner and the information is not checked carefully before being put in the payment system so would miss things like a credit already on the customers account and charge the customer full price when there was no need.
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