URGENT - Advice Please

tennismum

Havent posted for quite a while but could use some advice re debit card transactions

I had motor & home insurance policy with Swinton and due to a difficult month i had to cancel the direct debit. I had the letter stating they were cancelling the policies and but there were amounts now outstanding of £91.35 & £42.08 respectively.

The figures are a little high due to cancellation charge extras but I accept that. (I have since arranged motor insurance elsewhere so I am legal!!)

I had a reminder letter stating that they were going to pass to a collection agent. again. understand totally.

I am aware of the debt and as i have in the last couple of days been paid my intention was to phone and sort it out.

however... i have checked my bank today and discovered that Swintons have used my debit card (details i gave to them ages ago) to take both payments PLUS an additional payment of £110.55 for god knows what!

needless to say Swintons are now shut so i cant argue with them until Monday!

Bottom line question - ARE THEY ALLOWED TO DO THIS?

Fortunately i have discovered it but this in theory it could cause my direct debit for my mortgage to bounce and as i have arrears with them the consequences could have been catastrophic.

advice please from any legal experts out there?

thank you

WRINKLES

Did you cancell with the bank and tell swintons you were cancelling the direct debit, read your direct debit gaurantee.

tennismum

I had already cancelled the direct debit with the bank.

they have taken the money using my visa electron card!

magpiecottage

You can tell Visa it was an unauthorised debit and ask for a chargeback.

You can also make a complaint to Swinton which they must deal with under the usual FSA rules (respond within 8 weeks of receipt then give you the right to go to the Financial Ombudsman Service). You can do that by e-mail (details here)

If you do it by e-mail the 8 weeks starts on Monday.

tennismum

Thank you magpiecottage.

I will phone swintons on Monday and then Visa. if i dont get any joy i will follow the formal complaint line.

just when i thought i was starting to make some progress!

Wannabe01

Can't really offer much advice but good luck sorting this out. I sympathise with you about two weeks ago Scottish Hydro took over £400 out of my account when it should have been £50, caused massive problems but luckily now (2 weeks later) its all sorted.