bank payed unauthorised payments to Netflix

kukkaburra
kukkaburra Posts: 11 Forumite
edited 24 July 2016 at 9:51PM in Consumer rights
hi sorry if im posting in wrong thread wasnt sure where to put this

a few days ago i noticed a payment on my bank account to netflix which i haven't signed up to..checking my balance i noted one other payment i hadn't spotted last month

as im disabled and find it difficult to talk on the phone i tried to contact my bank online which resulted in a pop up message saying i needed to report unauthorised transactions to the fraud dept

so i had to ring them but they just gave me another number..that dept also gave me another number stating i had to wait until 8am to report it as it was past 10pm

i rang in the morning after a sleepless night worrying to be told this was a card transaction using my old debit card which i hadnt used for a few years.

they said all they can do as my bank is stop any more payments out to neflix..i had to agree to the fact that netlfix may sue me and also the bank may sue me if they pursued the payments from me

they then stated as it was down to netlfix to issue me a refund

they also gave me another number i had to ring to cancel my cards and make sure they had been stopped for good and reissue me another card which i did before being transferred to someone else who told me they felt the card issue was connected to amazon as her netflix account was connected to amazon

so i then went on to contact amazon who assured me they are in no way connected to netflix at all

i finally rang netflix who took my card number..and traced the account to being opened a few months ago with a jibberish name and email address for a computer to a uk IP which is the only details they could give me..

they also then stated it is up to my own bank to issue a refund not them...but would pass the case onto their fraud dept to look into

i havent even got an email address fro netlfix to try and keep in touch with as i cannot keep ringing up as im too unwell to do so..

ive no idea who is responsible for my refund..it may have been small amounts but its my money and id also like to know how this could have happened anyways..the only thing my bank has done is send me details of the omnisbud if i wish to follow up my complaint as i emailed them a complaint :(
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Comments

  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Netflix have your money - they are currently in possession of the proceeds of crime...
    "You were only supposed to blow the bl**dy doors off!!"
  • Ectophile
    Ectophile Posts: 7,869 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    How was the money taken?

    If it's a direct debit, then the bank are responsible for repaying the money to you, under the terms of the Direct Debit Guarantee.

    If it's a debit card, then ask the bank for a chargeback.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • TadleyBaggie
    TadleyBaggie Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I don't think Netflix use direct debits. It's just a regular charge against a debit card as far as I remember.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The OP has already told us:
    kukkaburra wrote: »
    ...this was a card transaction using my old debit card which i hadnt used for a few years.
  • kukkaburra
    kukkaburra Posts: 11 Forumite
    thanks

    yes the bank told me it was my old card and netlfix says it was an account set up only a few months ago

    both bank and netflix are denying liability

    being housebound i rarely used my card outside of the home..and have verified by visa on it and also always been using protection on my computer anti virus and antimalware so it all doesnt make sense to be honest

    and if they had access to my details why just use t to set up a netflix account..so strange
  • dj1471
    dj1471 Posts: 1,969 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker!
    Raise an official complaint with your bank.

    At present they think you're another chancer who forgot to cancel a Netflix trial and now want your money back, you need to persuade them otherwise. Try and get something in writing from Netflix if you can as this will support your case.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    It is your bank that is responsible for refunding, Netflix haven't really done anything wrong. Given your difficulty using the phone I would complain in writing and insist that all correspondence is by mail (or email if that suits you and they are willing to use it). If they don't resolve within 8 weeks then make a complaint to the FOS.
  • qsk
    qsk Posts: 454 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    kukkaburra wrote: »
    they said all they can do as my bank is stop any more payments out to neflix..i had to agree to the fact that netlfix may sue me and also the bank may sue me if they pursued the payments from me
    Sounds like the bank thinks you have signed a continuous payment authorisation to Netflix. Have you or anyone in your family signed any kind of trial with Netflix?
  • A similar thing happened to me with Netflix. I think that fraudsters run cards through the site to test if they are active. I had my credit card details fraudulently used twice. The second time the fraudster had signed up to a subscription with Netflix. Even after my card was stopped and a new one issued Netflix pushed the payment through. There was no communication between them and the bank. My bank had me running around in circles trying to get the money refunded. In the end it was Netflix I had to personally deal with and ask to stop taking the payment. They told me the account was still active and being accessed regularly by the criminal three months after I first alerted the bank of the crime! The bank was letting the charge go through every month but still refunding me when I complained. I think it's a terrible system.

    I was told a few different things on the phone to the bank and I'm not sure if it's different if it's a debit card that was used. My advice would be phone Netflix and explain you need the fake account blocked and the payment to stop. I don't think there should be a problem with that. Then follow up with your bank again to try and get your money refunded.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I believe the main fault lies with the bank. Once you changed debit cards for a more recent one, any payments that were still set up to be taken on the old card should automatically have been cancelled, along with your old debit card.

    The bank should have not allowed these payments to go through if they were made using an old debit card that has been reissued with a new number etc. It should have been cancelled their end so this couldn't happen.

    I always have to set up regular payments again with the new card number. They just won't go through.

    But failing this, they are unauthorised payments and chargeback rules should apply. Don't worry about it, just keep saying that these are unauthorised payments, you received no services for the payment, and a chargeback should be issued.
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