Breaking a "Continuous Payment Authority" debit card transactoin

fermi

As said earlier, complain that the transactions were unauthorised, as you cancelled them in line with the Payment Service Regulations 2009 with the bank. They are not entitled to insist that you cancel them with the merchant first.

The bank must refund them ASAP.

State that you will be referring the matter to the FOS if they refuse to abide by the law.

lepidopterist

An update:

On Monday, Barclays Debit Card Services department withdrew two sums totalling £250.52 from my account. I wasn't happy about this.

i spoke to their front line support people. They put me through to Visa Disputes, who informed me that the two payments were defunded, or re-refunded, or stolen from me (delete as appropriate) because my withdrawal of consent for the CPA was not logged until the 3rd of January. The two payments preceded that date, and consequently Chargeback department had taken their refund back.

I pointed out that this wasn't true; I withdrew my consent on the 19th of December, before any transactions under the CPA had occured, in line with the Payment Services Regulation Act 2009. The Visa Disputes rep put me through to someone else, who was able to confirm this, because the front line support operative who I spoke to on the 19th of December made a note on the system to that effect.

I was then put through to Customer Payment Solutions, who ignoired all of the above, and started giving me the old line about how they couldn't refund a payment until the payment was made, and therefore my withdrawal of consent was irrelevant. They told me I would have to take it up with the Chargeback department, who, and I quote, "do not even have telephones on their desks".

Essentially, I'm back where I was four months ago. EXCEPT! I have a "level two" complaint in their complaints system, the Payment Services Regulation Act 2009, the OFT's principles for use of CPA, a personal email from the FSA's Consumer Queries department that explicitly states that Barclays must cancel/refund all unauthorised payments, and the support if the good people of the MSE Fourms!

Unfortunately, none of this is going to pay my rent, which was due yesterday. Does anyone have any advice on how I can speed the Barclays complaints process up? My plan currently involves phoning their complaints depasrtment directly and quoting chapter and verse from the PSR 2009, OFT and FSA.

As ever, i'd be hugely grateful for all other suggestions.

many thanks!

lepi

meer53

What date were the transactions made by the retailer ? Not the date they debited, but the date they were originally processed ? If the retailer processed them before the 19th December (but they debited after this date) then that may be why the chargeback failed.

lepidopterist

Ah, no, the CPA didn't come into effect until the 20th December, and the first transaction was on the 22nd of December. However, the transactions that are currently in dispute weren't made until the 30th of December (and contrary to the typo ridden account above, the "Statement Date" for them was the 2nd of January, not the 3rd of January).

rizla_king

Complain again and take it to the FOS.

Barclays are always this much a bunch of idiots.

ladaowner55

Hi all

So I have had a subscription with Experian (credit Expert) for a few years but the debit card they charged for it expired.


They sent me many warnings telling me to update my card etc but as I no longer wanted the subsciription with them I decided not to bother giving them my new card details and I thought they would stop taking payments and cancel the subscription.


However checking my bank statement they have been able to charge for 28th July and I was confused how they could do this as the debit card they were charging to had expired. I then logged onto my credit expert account to find to my disbelief that my new card details had been updated..along with new card number and expirey dates. How could they have done this as I NEVER gave them the new card details as I wanted to end the subscription.


Is this a legal and how would they have got my new debit card number??



Many thanks

FireWyrm

A very good question that your Bank ought to provide an explanation for. I would demand one PDQ.

thomathy

ladaowner55 wrote: »

They sent me many warnings telling me to update my card etc but as I no longer wanted the subsciription with them I decided not to bother giving them my new card details and I thought they would stop taking payments and cancel the subscription.

The "I thought" is the problem, for it is a wrong thought and doesn't make sense. You have thought up an idea in your own head about how card transactions work, and then made a series of assumptions that are plain wrong.

For a start, for almost any ongoing service, you cannot cancel a subscription by simply failing to pay and assuming that it will then be cancelled. Definitely a foolish strategy under any circumstance.

Secondly - there are several mechanisms that automatically update card details when a card issuer replaces a card. The authorisation or clearing process will return a code to the acquirer stating that the card details have changed, and including the new details. Even when this is not done, in many cases a cancelled or replaced card number can still be used for further transactions. In your case though, you note that the card details have updated and therefore we know that the issuer has transmitted the code indicating a change of card, along with the new card details.

This is not specific to Experian and they are not using any insider information from their credit bureau to do so. It is simply a feature of the card network. It works well and means that ongoing services do not all need to be notified of any change of card. Not only is it legal, but it is the recommended and correct process for a merchant to follow.

ladaowner55

@thomathy sounds like you work for the bank, lol.

Experian_company_representative

ladaowner55 wrote: »

Hi all

So I have had a subscription with Experian (credit Expert) for a few years but the debit card they charged for it expired.


They sent me many warnings telling me to update my card etc but as I no longer wanted the subsciription with them I decided not to bother giving them my new card details and I thought they would stop taking payments and cancel the subscription.


However checking my bank statement they have been able to charge for 28th July and I was confused how they could do this as the debit card they were charging to had expired. I then logged onto my credit expert account to find to my disbelief that my new card details had been updated..along with new card number and expirey dates. How could they have done this as I NEVER gave them the new card details as I wanted to end the subscription.


Is this a legal and how would they have got my new debit card number??


Many thanks

Hi Ladaowner55,

If your card number changes then your card provider will update companies who you have revolving credit agreements with, this is to allow uninterrupted service when a new card is issued.
This is how payments for your CreditExpert membership will have continued on your new payment card.

To cancel your CreditExpert membership just give us a quick call on 0800 052 5216.

Lines are open Monday - Friday 8am until 7pm and Saturday 8am until 4pm. Calls to this number are free from a BT landline; calls from other networks may vary and include a connection fee cost. Calls may be recorded for training and monitoring purposes.

Kind Regards
Neil