CPA or Recurring Payments without my authority

JeffOne13

Hello,

I need to know whether the company in question is working within their rights.

I had signed my daughter up to swimming classes. Paid for the first set of classes over the phone using my credit card, giving long number and all that. A few weeks in, and my wife signed the T's&C's without my knowing, in her name. T's&C's state detail about 'continuous payment authority', just before mid-term get email from Swimming Company saying about auto-enrol onto next course and payment to be taken from x date. No payment automatically taken. When we meet instructor after the end of the first term for photo-shoot, they mention that we have not enrolled in second term and enquire if we plan on doing so. I say 'Yes', and pay for second term by card, in person. middle of second term, same email comes around, ignore it as cannot be applicable to me, I've not signed anything. We do two terms then finish. Look back at statements and they have billed my credit card for third term.

Emailing the company they said they have proof signed T's&C's, but not signed by myself and the card they have charged is my own, not my wife's. Do they have legal standing to do this?

Thank you,

Jeff

[Deleted User]

Yes. The CPA will apply to the card provided for payment.

JeffOne13

Surely if that were the case, they would have taken the payment for the second class mid-way through the first term. And not relied upon asking me for it in person when I went to the photo-shoot. So they do not follow their own policy, but can apply the T's and C's when they like?

JeffOne13

Yet they refer to T's&C's not signed by myself as proof that I granted permission. Surely it would need to be signed by me?

[Deleted User]

If they fail to take payment by CPA, they can request manual payment, as they have done in your case.

If your wife has authorised payment by a card she should not have, she will need to resolve this directly with the swimming company and provide card details she has permission to use.

mt99

If the card is truly your card ie not a joint one with you and your wife then they can't take any payments from it without your permission so yes you could get a refund from your card company

however you also need to work out what the swimming people would do then - they would probably try and get the payment from your wife as she probably would be deemed to have agreed to the terms and conditions

you should make sure if nothing else that your wife cancels the recurring payment for next time in which case they won't be able to take it from anybody