Unauthorised payment taken from bank account

chrisx15PC

About a year ago I took a trial subscription to a magazine called 'lifestyle choices' They only required a £1.00 (giving my bank details) processing fee with the promise that I could cancel within 14 days if not wishing to proceed with an annual sub.

I cancelled within the required time with no problem. However last November I noticed that £78.22 had been taken from my account. Upon enquiries from my bank it seemed that the company mentioned had taken the fee. I obtained their number and rang to complain and was re-assured that a full refund would be forthcoming

Following a number of regular phone calls, I sent a letter last week by recorded delivery threatening 'small claims court ' action if no refund was forthcoming.

As no refund has been received I'm asking if going to the SCC would be the best course of action now?

Zandoni

I'd go down the direct debit guarantee route http://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

TadleyBaggie

Zandoni wrote: »

I'd go down the direct debit guarantee route

Except the payment probably wasn't done via Direct Debit, I suspect when the OP says "bank details" it was their debit card number.

Zandoni

TadleyBaggie wrote: »

Except the payment probably wasn't done via Direct Debit, I suspect when the OP says "bank details" it was their debit card number.

We will need the OP to tell us then won't we.

wealdroam

TadleyBaggie wrote: »

Except the payment probably wasn't done via Direct Debit, I suspect when the OP says "bank details" it was their debit card number.

In which case the OP should seek a chargeback from their bank.
Reason: promised refund not forthcoming.

MataNui

What you signed was probably a continuous payment authority. There is no need to go via the courts. Your bank can sort this.

You need to get the bank to do a chargeback for the money they have already taken and make sure the CPA is cancelled (otherwise the company may take it again next year).

macman

Giving your sort code and acc. no. would not be sufficient to authorise a DD. As above, almost certainly done as a CPA.

George_Michael

Would a chargeback still work now?
The OP stated that they took out the trial subscription "about a year ago" and although they noticed the deduction from their account in November, it's probable that this deduction was actually taken 1 month after they took out the trial.
If the payment was taken about 11 months ago, this may well mean that the time limit for a chargeback has passed.

wealdroam

George_Michael wrote: »

Would a chargeback still work now?
The OP stated that they took out the trial subscription "about a year ago" and although they noticed the deduction from their account in November, it's probable that this deduction was actually taken 1 month after they took out the trial.
If the payment was taken about 11 months ago, this may well mean that the time limit for a chargeback has passed.

If you are right about the timing then no a chargeback would not work.

I read it that £78.22 had been taken from the account in November, but can now see how that might not be so.
I.e. did the OP perhaps notice in November that a fee was taken, but the money was actually taken sometime earlier - maybe many months earlier?

bod1467

OP says "last November" that the payment was taken. I'm reading this as November 2015, in which case we're still within the 120 days limit that normally applies to chargeback claims.