Can anyone advise me the legalities of this please

haychee1416

My point is: they should of told me when I paid the £20 that my details were being stored and can and would be used without warning should a dd be returned unpaid. I was totally and utterly unaware that a company can do this, take store and use my debit card without my knowledge. I thought I was paying a one off payment and my details destroyed after that transaction was processed.
There is nothing within the contract that says a card must be provided incase of a failed dd. It is not a requirement that I should provide one, but they have tricked me into providing one. That's what I'm angry about.

bargainbetty

You state that there is a clause specifically allowing the use of stored card details to collect payment. You handed over your details to a company that you have a pre-existing financial arrangement with to settle a debt, and did not specify to them that the information should be destroyed. They have done what any business would do in their circumstances, which is ensure by all methods permitted under the contract that it be paid in a timely manner.

While I can see that you find it a bit dodgy, try to see it from their point of view. If you have defaulted three times in four years, then you are a regular defaulter. Sorry, but that's the truth from a purely business perspective.

They haven't broken any rules, laws or terms of contract. You might feel aggrieved, but it's business and you handed the details over. I know this isn't what you want to hear, sorry.

MonkeyMad

haychee1416 wrote: »

My contract with the company does state that they may use a card that I previously supplied to them however they have never in 4yrs used this method before. Nor did I realise that the card I had used to pay the £20 one off payment would be stored from that moment, to be used again without warning. I know I owed them that payment and I know I am tied by a contract but does a 14day opportunity to pay yourself not actually mean anything?

They did tell you your details were being stored didn't they in the contract you state - how else did you think they would use a previous card? You are really arguing the toss about nothing. You are expected to have the money available when the DD is due, so it shouldn't matter if they take it by debit card instead.

If I were this Company I might be tempted to always take payment by debit card as if the payment is within a floor limit I would stand a much better chance of being paid for the goods you had taken off me regardless of whether the money was in the bank account or not.

haychee1416

Thankyou betty.

I simply did not know it was legal to use a debit card without the cardholders authority on the day. There is so much nowadays regarding card fraud that the checks and triple checks that most companies make you go through to prove a card is yours is extensive. I was simply shocked and doubted the legality of their actions.I was going to pay them that day anyway using that card, so I'm not overly distressed, they were owed the money and it was my fault I was in that situation in the first place. I just did not know this was legal. Now I do.

meer53

If you're having trouble budgeting for your car payments, maybe it would be better to find a cheaper car ? Could you manage to save up enough to pay for one cash so that you don't have to worry about bounced direct debits or card payments ? If you carry on like this, you might find you will lose the car anyway.

Do you need a brand new vehicle for your job ?

When money is tight, sometimes, things have to change, i'd like to do my shopping at M & S every week but unfortunately, at the moment, it has to be Lidl.

Posting a SOA on the DFW board might help you a lot.

IMHO - in my honest opinion.

k3lvc

meer53 wrote: »

IMHO - in my honest opinion.

I always thought (and used it as) In my HUMBLE opinion

meer53

k3lvc wrote: »

I always thought (and used it as) In my HUMBLE opinion

Me too, don't know why i put honest !