payday loan - unauthorised transaction on account - help required

hammyfan

hi...

i am currently in dispute with a payday loan company, cashchoice uk. I have recently discovered that they have been taking around £37 per month out of my account, in lieu of a seemingly non existant payday loan.
I have asked the company to provide a copy of the credit agreement, but have only ever been directed to their accounts department, who refuse to confirm anything with me, and in fact get quite shirty. I certainly do not recall dealing with this company in the past, and am fairly sure that my details have been compromised somewhere, hence the request for any proof of debt.
futhermore, I have asked for a copy of their complaints procedure, which hasn't even been acknowledged.
I then spoke to my bank {Santander} about where I can go from here. After some faffing, they have said that I have to wait 30 days from my complaint to them before they will class it as a dispute, and even then there is no guarantee that I will be reimbursed, because of the fact it is a payday loan {even though I am adamant that I have never given them my details!}
What else can I do to maybe obtain a positive result? I have sent copies of my correspondance to them by email as well as recorded delivery, but despite my protestations that if they cannot prove the debt, then they have unlawfully taken money from my account, i seem no closer to a resolution.
help please

XXSCOTSLASSXX

By what means are they taking the funds? did you cancel all cards and any direct debits that may be set up?


Have had a look on their site,, when you spoke to them did they advise there was a loan in your name etc... if so id go through the lost username, password area of site and gain access to account that way at least ul be able to see what details they hold ie. account numbers/ card numbers and what the actual loan is that they state payments are for

Peelerfart

Have you ever applied for a payday loan?

CHR15

This could drag on a while sadly.

Quick win is to close your bank account and move elsewhere, big hassle for you but one which will stop them taking money from you.

You should write a letter of complaint (which you may have already done). This takes 30 days for them to give a reply.

Take it further into a Formal Complaint, this gives them 8 weeks to respond. In the formal complaint make it clear that "by date" you will escalate to the FOS.

There is a burning question as to how they got your details, making them up out of thin air is a bit woolly so you have to be sure you haven't dealt with them before.

jonesMUFCforever

Have you checked your bank statements to see whether they have paid any amounts into your account at all?

hammyfan

I have had a couple of payday loans in the past, but they have been with different companies and there were no issues there. I have never had any money paid in by them, and had changed my card. There is an account on their website set up with my email address, but the information there states that a loan was set up in 2001!
I have sent various letters, asked for their complaint policy, etc etc but nothing. I complained to Santander (my bank) today, and they have said I have to wait 30 days before I can lodge a claim. The problem seems to be that as its an electronic transaction, they cannot deal with it in the same way as if it was a normal debit card transaction. There definitely seems to be a loophole in the law that allows these companies to do what they want and get away with it.
The reason that it has taken so long to realise this, is that in a short space of time my mum died and my partner was diagnosed with cancer and is undergoing chemo. As such, I maybe wasn't paying enough attention to matters.....

jonesMUFCforever

Have you considered this might have been done by a close family friend or relative? Any body have access to either your card or computer?

dougyd

Is your debit card a visa?

mightyroyals

if they are not taking the money from are card im guessing they are taking it by direct debit in which case get your bank to recall the money taken using the direct debit gaurentee and cancel the direct debit

jonesMUFCforever

mightyroyals wrote: »

if they are not taking the money from are card im guessing they are taking it by direct debit in which case get your bank to recall the money taken using the direct debit gaurentee and cancel the direct debit

Unlikely from what I understand of these payday loans they make you give them the visa debit card number as it 'gives them' more flexibility in getting their money back.

hammyfan

It is a visa debit and its not a direct debit or normal transaction, otherwise the bank could put a claim in immediately.
My card details got compromised about 2years ago, but i got that sorted fairly quickly.
What annoys me is that the loan company will not provide me with any information at all..having read about them on interweb i understand they arent the best people around (cashchoice uk). They wont provide any credit agreement so as far as i am concerned they are taking the money unlawfully..if they have nothing to hide then they shouldnt be so obstructive!