HELP!!! SKY is taking my money even though I dont have a subscription

SeamusMac

Can anyone give me advice about unauthorised withdrawals of money that SKY have been taking from my bank account.

This first began in October 2011 when a friend of mine subscribed to SKY at a Promotional Stand in the local Shopping Centre.

He was required to pay a deposit of £30. The SKY representative at the Stand was unable to take a cash payment. My friend asked me to pay the £30 using my debit card, to which I agreed. My friend then gave me the £30 in cash.

However, when I checked my bank account a few days later, I noticed that an unauthorised amount of £10 had been withdrawn by SKY, together with the £30 which I had agreed to pay.

I informed my friend and he kindly reimbursed me with the £10.

But in November 2011, another unauthorised amount of £63.75 was withdrawn from my account by SKY. Again my friend had to reimburse me with the amount. He also told me that, after he phoned SKY to complain, the matter had been resolved and that no further money would be taken from my account.

But now, once again, SKY have taken unauthorised payments from my account. Two weeks ago they took payments of of £36.31 and £86.47.

The withdrawals took my balance over my overdraft limit so I’ve now received a £25 penalty charge from my bank.

I am very worried, and indeed angry, that SKY can take money from my account when I gave no written or verbal authorisation. I did not sign anything or give my bank details or any personal details to SKY.

I am no longer in contact with my friend so I phoned SKY to ask them to refund the £122.78 taken from my account and also reimburse me for the £25 bank charge.

But SKY are refusing to refund me because they claim they are authorised to take the payments because it was in the term and conditions of my friend’s subscription. I tried to argue that I should not be bound by terms and conditions of a subscription that another person has signed up to, and which I never even seen. And if I am legally bound by the terms and condition, why did the SKY representative at the Stand in the Shopping Centre not tell me this before I used my card for my friend’s deposit payment? But SKY still refuse to give me back my money.

I contacted my bank to enquire about a making an indemnity claim but they say this cannot be done because I don’t have a direct debit with SKY. They also say they will not waive the £25 overdraft charge but to claim it back from SKY.

I’m in desperate need of help. How can I get my money back? Can I claim for all the hassle and stress this is causing me?

Kurtis_Blue

You made a mistake, you gave your card details without reading the terms and conditions, cant see how you can get the funds back, maybe take your friend to county court?

You can however cancel the recurring payments.

http://www.fsa.gov.uk/consumerinformation/product_news/banking/know_your_rights/payments

Cancelling a regular card payment
When you give your credit or debit card details to a company and authorise them to take regular payments from your account, such as for a gym membership or magazine subscription, it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments. However, you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments. Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware though that you will still be responsible for paying any money that you owe.

Torry_Quine

It looks like your 'friend' is the problem here. They have obviously never given a new card details to SKY and so they are using the account they have to get the payments.

Buzby

Sky have the problem, not you. YOU don't have to read the Terms & Conditions of the Sky contract - indeed you are not the customer, so they have no right to the money.

What you have discovered is the reason why firms don't like cash and cheques, is they cannot control the payment stream but boy, they can certainly do this when it comes to plastic. Take the money, and worry about it afterwards - you've also learned something - just DON'T do it in future.

Your complaint is very common, and as you say the banks don't care, as you willingly disclosed the information in the expectation of a debit. The fact Sky came back and took more is a matter between them and you (although it shouldn't be). The bank is an unconcerned third party.

Here's what you do:

(1) Write to Sky Subscriber services (Macintosh Way, Kirkton Campus, LIVINGSTON, West Lothian). Provide any information you have of the subscribers name, and the amount taken and when. Explain that at no time had you provided them with a mandate for continuous use of your card, and you require a full refund of what they removed, plus the amount charged by your bank. You require this to be refunded to you within 28 days either by cheque, or credited to the card they debited. You further advise them that you are not in contact with their subscriber and they must remove your details from their billing system. If payment is not received within the stated period, you will instiruate a Small Claims Action for the full amount owed and your costs in raising the action.

(2) Tell your bank your card has been compromised and for security reasons you require a replacement card. This should provide you with a new number - and Sky's information will instantly become invalid (I'm assuming you've not done this already)?

Sky have tried to be clever - as have the mobile phone companies who do the same thing, - but if it goes to court they have no leg to stand on.

Kurtis_Blue

A cancelled/replacement card can still be used in the case of recurring payments, this needs to be stopped by reading the advise linked at the FSA.

SeamusMac

Thanks to everyone for the advice.

Since yesterday, I've finally been able to contact my friend and asked him to contact SKY to resolve this. He phoned SKY this morning and asked them to refund my money and remove my bank details of his account. He argued with them for over half an hour but they refused to budge on the issue.

I still don't feel I made a mistake. I didn't read the terms and conditions because I wasn't shown any terms and conditions.

I was told by the SKY salesperson at the Stand, that I was making a one-off payment and none of my details would be kept. Surely SKY is in the wrong for their representative misinforming me.

I put my card into the reader, the amount was £30, I entered my PIN, and the payment was made. I never for once thought I was giving SKY access to my bank account.

And I use my card in shops every day but I don't ask to see the shop's terms and conditions.

If SKY are willing to accept a deposit payment from another person's card then they should at least inform that person that they may take further payments. I wasn't asked for my name, address, or any form of ID.

My friend isn't the problem because he contacted SKY to complain when they first took unauthorised payments from my account. SKY said then that the problem was sorted and it wouldn't happen again. My friend reimbursed me when it happened before and has now offered to reimburse me again for the money SKY has taken and also the bank charge.

But there's a point of principle here.

SKY should not be able to take my money when I - repeat " I " - DID NOT give them authorisation. The terms and conditions of someone else's subscription should have no binding on me. Even more so now that both me and my friend have tried to resolve this with SKY.

There is no point in applying for a replacement card because the one I used to make the deposit payment has now expired, so I already have a new card. My bank says the only way to stop SKY taking future payments is to close the entire account. But I don't want to do this because I have so many other legitimate payments and direct debits coming out of this account.

I have written (letter); emailed; and telephoned Sky Subscriber services and provided all the information of the subscribers name, address, and the amount taken and when, and explained that at no time did I provide them with a mandate for continuous use of my card, I have demanded a full refund of my money and the bank charge, but SKY just keep telling me that because I used my card to pay the deposit, the terms and condition state that's all the authorisation they need.

It looks like I'm going have a take a Small Claims Action, which I don't have a clue of how or where to start

Kurtis_Blue

You bank is wrong did you not read the advise from the FSA? print it and take it in.

But if you still dont see how you made a mistake you need to take more care in future.

SeamusMac

Thanks Kurtis_Blue. I'll print out the FSA stuff and show it to my bank.

Yeah I see in hindsight it was a mistake but at the time I thought - as the SKY salesman told me - I was only making a one-off card payment like I do every day, so my mistake was taking the word of a SKY salesman

Anyway, thanks again. I'll let the forum know how it all pans out.

smackaine

As long as we record details of one-off card payments (and we are supposed to ask whether the customer would like to keep these details on file) they can be used to take payment in lieu of a direct debit. Probably something buried away in the Ts and Cs, because it certainly doesn't sound like something kosher to me.

I would say the problem lays with your friend. He's had a service now for several months and thus Sky expect to be paid, quite rightly. I implore you to keep trying, emailing the CEO may be a good place to start. But I fear, without court action on your part, this may be a losing battle. Good luck!

cte1111

If the salesman specifically told you that the payment was only a one off, then they can't continue to take money from it. They are acting fraudulently to keep your details and continue to use them like this.

Whether your friend has signed up for a recurring payment or not, you specifically only gave consent for one payment and the Sky representative confirmed that, therefore they are in breach. If your friend owes them money, then they need to pursue that separately.

smackaine

Proving or disproving what a salesman said is notoriously difficult. In effect, it'll be a Sky employee's word (when asked, he's hardly going to admit acting fraudulently) against OP's.