Disputing payments

MaggieDunn1990

Hi there,

I was hoping that you could please help me.

A few months ago I lodged a number of disputes with Nationwide as I believed there had been fraud on the account, it turned out that these payments were genuine but there was confusion as they were a different name to what I knew the company to be called.

The bank therefore took the money back as I phoned them to inform them.

I have now noticed several further payments. These were not done by me and I have even had this confirmed by the company in question. It amounts to significant amounts of money.

However due to the earlier issue Nationwide are now saying they will not even look at these one's for me.

Is there anything i can do about this? This has left me in a serious position.

SYHR

Surely if you're reporting fraud, they can't just refuse to look into it for you?

MaggieDunn1990

That's honestly what they are claiming.

SYHR

MaggieDunn1990 wrote: »

That's honestly what they are claiming.

In that case, I really don't know what to suggest.
I'd possibly seek independent advice in your position, to determine whether they are legally allowed to dismiss your claim without investigating whether or not fraud has taken place on your account?
If you do, I'd appreciate if you could keep me updated. It's an uncommon situation, but one that I wouldn't mind knowing the legal stance on.

molerat

Raise a formal written complaint.

le_loup

More to this than meets the eye!

Hellzapoppin

I can understand why Nationwide are sceptical.

When the first fraud was reported, the card would've been replaced and a new card number issued, now the same transactions have appeared on the new card, so they have come to the opinion that the same person has made the new transactions.

If you think they've made an incorrect assumption, like a previous poster suggested, you should raise a formal complaint. It appears, from what you've told us, that the bank has not fully investigated this, like they are obliged to under the Payment Services Regulations.

agrinnall

I agree that if it's as the OP describes then a formal complaint, with escalation to the FOS if necessary, is the way to go. But I also agree with le loup's conclusion, which does cast doubt that we have the whole story.

eddddy

MaggieDunn1990 wrote: »

I have now noticed several further payments. These were not done by me and I have even had this confirmed by the company in question. It amounts to significant amounts of money.

Are you saying these payments are to the same company as before?

Have you ever done business with the company that has taken the payments?

Could you have agreed to a 'Continuous Payment Authority' with the company?

If you have agreed to a CPA, the banks don't regard this as fraud or unauthorised transactions - since you gave the company 'blanket' authority to take payments from your card.

Instead, they regard it as breach of contract between the company and you - which they tell you to follow up with the company.

But... I guess you could always try doing a chargeback for breach of contract.

Hellzapoppin

eddddy wrote: »

But... I guess you could always try doing a chargeback for breach of contract.

If the OP hasn't agreed to the payments, then there is no contract to breach.

discat11

A cpa is the result of a contract however, even if the OP doesn't remember making one.
Hence Chargebacks may be appropriate.

My advice, if you feel you have lost confidence in the bank, would be to get a new bank account elsewhere and pay your wages into that.
You can then reduce your balance and carry on disputing the charges made without worrying over more spurious payments as long as you don't have an overdraft facility.