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Recurring Payment help HSBC Refuse to help

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Hi everyone i'm with HSBC and basically i have a paypal account.
The paypal account got hacked and someone added their name and address and has ordered certain items. I contacted HSBC and explained that I did not authorise the transactions and they have refunded me in the form of a chargeback temporarily. Now they have rang me almost 2 months later to tell me that they are going to cancel my card. The issue I have is that I told HSBC to stop all payments from paypal and explained the situation. Paypal took 3 more recurring payments and basically HSBC have refunded me for all of them except one which totals £1490.97.
This has left my bank account in the minus. When I today recieved a call from them asking to sign a declaration that the transactions were fraudalent I told the gentlemen that under the MSE findings on recurring payments you have to stop all payments and i told you before to so why you allowed them to debit my account i don't know.
He said the recurring payment law is only for direct debits..nothing else. Is this true? Do I have grounds to complain? Where if any credible sources can help me point this out ?

Comments

  • DevCoder
    DevCoder Posts: 3,361 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You can cancel CPA under PSR2009 for any form of CPA

    This is the section they need to read up on

    55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

    (a)the execution of the payment transaction; or .
    (b)the execution of a series of payment transactions of which that payment transaction forms part. .
    (2) Such consent—

    (a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .
    (b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .
    (3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

    (4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.
  • Wywth
    Wywth Posts: 5,079 Forumite
    headgirl49 wrote: »
    Hi everyone i'm with HSBC and basically i have a paypal account.
    The paypal account got hacked and someone added their name and address and has ordered certain items. I contacted HSBC and explained that I did not authorise the transactions and they have refunded me in the form of a chargeback temporarily. Now they have rang me almost 2 months later to tell me that they are going to cancel my card. The issue I have is that I told HSBC to stop all payments from paypal and explained the situation. Paypal took 3 more recurring payments and basically HSBC have refunded me for all of them except one which totals £1490.97.
    This has left my bank account in the minus. When I today recieved a call from them asking to sign a declaration that the transactions were fraudalent I told the gentlemen that under the MSE findings on recurring payments you have to stop all payments and i told you before to so why you allowed them to debit my account i don't know.
    He said the recurring payment law is only for direct debits..nothing else. Is this true? Do I have grounds to complain? Where if any credible sources can help me point this out ?

    Recurring payments may occur when you have given a continuous payment authority. This applies to card payments.

    Afaik, paypal collects payments from your bank account via direct debit.
    If you cancel a DD mandate direct with your bank, they should not pay any further attempts to collect.

    Payments via paypal using your card are not recurring payments, but individual transactions.

    If the security of your card has been compromised, then the correct course of action is for the bank to cancel that card. They usually issue another one :)
  • Caladan
    Caladan Posts: 378 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I agree with the previous poster, it doesn't like a CPA to me. Have you contacted PayPal? I'd give that a shot as well.
  • TheMoney
    TheMoney Posts: 104 Forumite
    As above, a CPA as it's name suggest is continual authority for a merchant to take payments of various amount on dates of their choosing from your card. The payment to Paypal is authorised each time a purchase is made. Your best option is speaking to Paypal and having the account closed/card details removed. If Paypal aren't offering much help, then cancel your debit card and request a CPA cancellation is sent anyway, then you should be fine.
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