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Continuous Payments - Without Consent

Glassman
Glassman Posts: 148 Forumite
Part of the Furniture 100 Posts Photogenic Combo Breaker
edited 16 July 2010 at 7:12AM in Consumer rights
Need a bit of advice, please.

I took out breakdown cover with the AA last August; I did it via one those vendors you sometimes find sat outside filling stations.

When it came to payment, I asked for an address so I could send in a cheque. He asked why and I told him that I did not want to give him my card details and in any case, rule out the chance of The AA setting up a CPA from it. I didn't have my cheque book on me.

He lived quite local and he agreed to meet me later in the day. We did - he seemed like a decent enough bloke - and I handed him the signed cheque. A few days later I received confirmation of membership, shiny new card, welcome pack etc, etc. But I was not happy when after a few weeks, I noticed that 'The AA' were on my bank payments list (not sure in what format, whether it was DD or SO). I removed it immediately.

Three days after deleting them as payees, I received a letter from them which advised me of the action and that I should restore it to avoid paying a higher renewal fee, blah, blah, blah. I ignored it and decided from that point on, they will not be getting my business if that's how they do their's.

Now that the renewal is imminent, I've had the courtesy of two reminders by post and now a phone call. I told 'Lyndsay' that I will not be renewing on principle, but have they crossed the line by setting up the continuous payment without my consent?

Comments

  • lucylucky
    lucylucky Posts: 4,908 Forumite
    Check the paper work as there may be something in the small print
  • fthl
    fthl Posts: 350 Forumite
    there is normally something in the small print. Personally I am really not fond of this sort of thing. I've noticed that pretty much all my insurers (car, house etc) do this.
  • Glassman
    Glassman Posts: 148 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    I was quite candid in my approach to the vendor; I clearly told him that I did not want any direct debit or CPA setup off the back of my proposal.
  • Glassman wrote: »
    I was quite candid in my approach to the vendor; I clearly told him that I did not want any direct debit or CPA setup off the back of my proposal.

    Whilst that may have been your intention you may have signed a contract with exactly the opposite in the small print. These contracts tend to be standard form so you have little to no control over what goes in.
    Thinking critically since 1996....
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    Glassman wrote: »
    I was quite candid in my approach to the vendor; I clearly told him that I did not want any direct debit or CPA setup off the back of my proposal.

    Have you now checked the small print
  • pcombo
    pcombo Posts: 3,429 Forumite
    So what did you expect them to do with your bank details when you gave them to the AA.
  • Glassman
    Glassman Posts: 148 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    pcombo wrote: »
    So what did you expect them to do with your bank details when you gave them to the AA.

    I wrote a cheque
  • pcombo
    pcombo Posts: 3,429 Forumite
    So how they did get your sort code and account number without getting it from the cheque.

    Did you authorize them to recorded your sort code and account number.
  • pinkshoes
    pinkshoes Posts: 20,656 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The AA did this to me a few years ago (I never set up a DD for this sort of thing, as it's always cheaper to renew elsewhere), so I wrote them a very shirty letter after they took a yearly renewal fee without my consent, and eventually got a full refund. They even tried charging me a refund fee of nearly 90% of the renewal price!!

    (Their renewal was £30 more expensive that what I'd already found with another company).
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • FurryCat_2
    FurryCat_2 Posts: 23 Forumite
    THe AA did this to me as well. I signed up over the phone (whilst the car was broken down) and a CPA was never mentioned. When the documents came through they mentioned a CPA, so I phoned them up and pointed out I'd agreed a one off fee. They tried to argue and say that if I hadn't agreed to a CPA the fee would have been higher, at which point I asked them to recall the recording of the phone call which they must have as regulated by the FSA.

    They then agreed to remove the CPA immediately and wrote to me to confirm it. Hmmmmm.
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