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M&S credit card cancelled 26/07/2016 iTunes charge march 2017

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Comments

  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    Complain to M&S if you have a problem and escalate to the FOS if you dislike the outcome.

    If you've still got the letter confirming the cancellation detail that's good, although when it comes to the FOS I'd expect M&S to confirm the content anyway.

    The bit that will, most likely in my opinion, trip you up is this.

    1) You cancelled the card.
    2) You got a letter confirming the cancellation.
    3) You then re-used the card.

    To me (3) is taking the pi$$ and a totally unreasonable thing to do if I've understood the timeline correctly.

    That card should have been destroyed when you cancelled it.
  • toph
    toph Posts: 79 Forumite
    Part of the Furniture
    I didn't reuse the card. It was registered to iTunes before I cancelled the card. I forgot about it, realised sometime later the card was still registered and was unable to change the registered card at that time, forgot about it again but thought it would be a good test to check if M&S have indeed stopped accepting new charges on it as they had honoured a previous transaction and when I contacted them I asked them to stop all future transactions. ~8 months after cancellation iTunes tried to charge the card, emailed me there was an issue with payment, as expected, at which point I updated my payment method. ~6 weeks later m&s write to me asking for a cheque for the payment to iTunes they where supposed to decline. When I phoned M&S they say there is no record of any charges and to ignore the letter.

    My main question was how to stop card providers processing transactions on cancelled cards.
    I've learnt about CPA's and that you can ask the card provider to stop processing future transactions and they should honour that instruction.
    I don't see how any of that is taking the pi$$.
  • derps
    derps Posts: 137 Forumite
    toph wrote: »
    I didn't reuse the card.
    toph wrote: »
    thought it would be a good test to check if M&S have indeed stopped accepting new charges on it

    ??????????????
  • toph
    toph Posts: 79 Forumite
    Part of the Furniture
    Cherry picking my responses doesn't alter the fact I didn't use the card.

    I don't see why people can't understand the concept of registering a card with a retailer, forgetting the card was registered, cancelling said card, signing up to a 3 month free trial from said retailer who will bill in 3 months, not able to verify at sign up what card was registered with said retailer but thinking its ok if its the cancelled card as M&S should reject all new charges and I'll change it at that point as maybe I don't want the service after the free trial I'll consider it a test.

    To be very clear.

    I DID NOT REUSE THE CARD, IT WAS ALREADY REGISTERED AT THE RETAILER BEFORE THE CARD WAS CANCELLED.

    the scenario is not unusual, what is unusual is that the card provider still honourd charges after the card was cancelled and i asked them to stop processing all future charges.

    Also there is no mention on the Apple site that they use CPA.
    https://support.apple.com/en-gb/HT202039
    There is no evidence the charges where part of CPA, a poster mentioned it and everyone ran with it. In my view a new charge was made and M&S tried to honour it despite telling me they wouldn't.

    STOP BLAMING ME FOR THE CARD PROVIDERS FAILINGS
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    toph wrote: »
    Cherry picking my responses doesn't alter the fact I didn't use the card.

    I don't see why people can't understand the concept of registering a card with a retailer, forgetting the card was registered, cancelling said card, signing up to a 3 month free trial from said retailer who will bill in 3 months, not able to verify at sign up what card was registered with said retailer but thinking its ok if its the cancelled card as M&S should reject all new charges and I'll change it at that point as maybe I don't want the service after the free trial I'll consider it a test.

    To be very clear.

    I DID NOT REUSE THE CARD, IT WAS ALREADY REGISTERED AT THE RETAILER BEFORE THE CARD WAS CANCELLED.

    the scenario is not unusual, what is unusual is that the card provider still honourd charges after the card was cancelled and i asked them to stop processing all future charges.

    Also there is no mention on the Apple site that they use CPA.
    https://support.apple.com/en-gb/HT202039
    There is no evidence the charges where part of CPA, a poster mentioned it and everyone ran with it. In my view a new charge was made and M&S tried to honour it despite telling me they wouldn't.

    STOP BLAMING ME FOR THE CARD PROVIDERS FAILINGS

    It's still your fault ultimately despite all your arguments.

    there are effectively two separate contracts, one with the card provider and one with Apple. By cancelling the agreement with your card provider that doesn't cancel the commitment you've made to Apple, it's not rocket science.
  • phillw
    phillw Posts: 5,666 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 10 May 2017 at 9:57AM
    toph wrote: »
    that suggests that the recurring payments would fail. which is the behaviour i would expect.

    That suggests to me that recurring payments are a big headache for them as they have to honour them and then chase you for the money but they may not even know where you live anymore. So they want you to sort it out with the people you have a CPA with, to avoid the stress of dealing with people who get upset about it. If they were going to bounce the payments then they wouldn't care what you did as you're no longer their concern.
    toph wrote: »
    the scenario is not unusual, what is unusual is that the card provider still honourd charges after the card was cancelled and i asked them to stop processing all future charges.

    It isn't unusual, that is what happens if you sign up for a subscription with a credit card and then cancel the card.

    This is how they'll assume what happened.

    You said to itunes, yes I want music and I guarantee I'll pay for it every month with my credit card.

    You then told your credit card company, psst don't pay them when they ask for the money.

    I imagine that itunes stopped the original payment when you gave them alternative payment. If you'd not done that then it's likely M&S would now be chasing you for money.
    toph wrote: »
    STOP BLAMING ME FOR THE CARD PROVIDERS FAILINGS

    I don't get why you are upset. You're not out of pocket right?

    If you didn't realise that itunes stored your credit card as a CPA then maybe you ought to take it up with them. Or did you think that if you setup your card with itunes, then cancelled it and made purchases on itunes that you'd get them for free?
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    edited 10 May 2017 at 11:02AM
    The law changed to say that you can cancel a CPA with the card issuer. It wasn't "noticed" for a while - for a considerable period after the law change CCs insisted you couldn't cancel a CPA with them and sites like this continued to say your only remedy was with the merchant. Even now, as in this thread, some posters will say you can't cancel with the CC.

    Whilst you can stop the CPA with the issuer, that doesn't cancel the any underlying contract with the merchant.

    What is less clear is whether cancelling a credit card should be interpreted as cancelling any CPAs running. CCs might send out letters saying you need to cancel CPAs, but legally that is beside the point. I would suggest to anybody cancelling a CC that if they are relying on CPAs to stop, then they are mistaken. They should tell the CC that they all CPAs must be stopped.

    From an IT point of view, it might be tricky for a CC to "cancel all CPAs" because they don't maintain a record of live CPAs. MBNA (for example) instead maintain a list of your "cancelled" CPAs (ie ones where the cardholder has complained) and future incoming transactions are checked against the list.

    So saying "stop all CPAs" should be legally effective, even if CCs can't/won't/don't action it and you have to dispute subsequent transactions as unauthorised later.
  • toph
    toph Posts: 79 Forumite
    Part of the Furniture
    There's a number of commentators here who fail to comprehend some basic facts.

    ITS NOT MY FAULT.
    I CANCELLED THE CARD AND ASKED M&S TO STOP PROCESSING FURTHER PAYMENTS
    THEY THEN WROTE AND SAID THEY PROCESSED A FURTHER PAYMENT


    Apple emailed me to say they couldn't collect payment at which point i changed the card i had registered with them, the service continued to work and i moved on assuming it was my cancelled M&S card registered with Apple and M&S had honoured my instruction to stop processing future transactions. Weeks later M&S wrote a letter to me asking for a cheque for payment to M&S for the iTunes transaction that apple notified me they failed to collect money from.
    ITS NOT MY FAULT M&S CONTINUED TO PROCESS TRANSACTIONS ON THE CANCELLED CARD AFTER I ASKED THEM TO STOP PROCESSING FUTURE TRANSACTIONS AND THEY WROTE TO ME CONFIRMING THEY WOULD NOT PROCESS FUTURE TRANSACTIONS THEN DID
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    Have you actually complained to m&s yet?

    What did they say?

    When will you escalate to the FOS?

    ITS MORE CONSTRUCTIVE THAN RANTING AT POSTERS WHO COULDN'T GET THDIR HEADS AROUND YOUR MOTIVES AND RAMBLINGS.
  • toph
    toph Posts: 79 Forumite
    Part of the Furniture
    @phillw

    !!!!!!
    It isn't unusual, that is what happens if you sign up for a subscription with a credit card and then cancel the card.

    This is how they'll assume what happened.

    You said to itunes, yes I want music and I guarantee I'll pay for it every month with my credit card.

    You then told your credit card company, psst don't pay them when they ask for the money.

    I imagine that itunes stopped the original payment when you gave them alternative payment. If you'd not done that then it's likely M&S would now be chasing you for money.

    I clearly wrote what happened, kindly read what i have wrote and don't add any of your false narrative to my words.

    in addition to cancelling the card, i asked M&S to stop processing all future transactions. 5 months later they processed a transaction when they confirmed to me they would not.
    I don't get why you are upset. You're not out of pocket right?

    i'm annoyed because in addition to cancelling the card, i also took the additional step of asking them to stop processing future transactions, which they confirmed in writing to me and then processed a future transaction. The circumstances here where that i had assumed the failed payment was dealt with between me and Apple, but there could potentially have been a charge on a card i had no visibility off yet would be liable for and years later could have been liable for interest far in excess of the charges and likely bad credit ratings for.

    do not suggest i was after something for nothing as that is absolutely not the case. i pay all my bills on time every month, i don't pay interest (other than on a mortgage) and have maximum credit rating on the mse credit checker. i wanted to ensure the cancelled card was cancelled and would not accept any future transactions.

    Again M&S told me no further transactions would be honoured yet told me i owed them money for a transaction they told me would not be processed.
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