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Comments

  • I'm not even sure if a continuous payment authority is even possible with a debit card (somebody in the banking sector will surely know) because I used to take card payments as part of my business a few years ago and I could not keep/store customers card details they had to be securely destroyed once I had used them and that meant ONCE.


    If I had to put a card payment through from the same customer/same card a second time I had to go through the same process with the customer as if they were a first time customer.


    There are stiff penalty's for misusing or keeping hold of card details and this includes chargebacks. I don't know if this connects to the new data protection Laws ( it probably does) but I wouldn't be surprised if DRP are misusing/storing customers debit/credit card details.

    debit card continuous payments are use by the likes of insurance CO,s for auto renewal
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Payment method (D/D or card transactions) is surely relevant as one has entered into a less 'guaranteed' arrangement. I'm not talking about recouping monies paid, I'm talking about the legality of the agreement itself. If you're saying don't pay it in the first place, what 'contract' has been entered into if one does? Happy to admit I'm new to this, all advice welcome 😊

    The 2008 Regulations make aggressive practices unlawful (see regulation 7). Whether a trader has behaved aggressively is a question of fact, and depends on whether it significantly impairs or is likely to significantly impair the average consumer’s freedom of
    choice. It covers the use of harassment, coercion or undue influence.


    Guess you were scammed by DRP as well ??
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    debit card continuous payments are use by the likes of insurance CO,s for auto renewal

    But, they must ask you if you agree to that
  • beamerguy wrote: »
    But, they must ask you if you agree to that


    Yes that's exactly what I was going to say, I didn't have the need for continuous authority in my business and didn't use annual auto-renewal either and whilst I agree they are in use (now that I've engaged my brain:cool: ) I would think there has to be rigorous procedures in place to enact auto-renewals etc including a traceable authority from the customer?


    The plot thickens with the DRP idiots and I suspect they fall foul of some financial Law, multiple chargebacks are looking good here people, its the new PPI scandal :D:D:D
  • Coupon-mad
    Coupon-mad Posts: 154,201 Forumite
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    beamerguy wrote: »
    But, they must ask you if you agree to that

    And you can get debit card providers to refund the payments back to you at a the drop of a hat, I have done. Did it last year to block Kaspersky.

    You can block them from taking any more money, because such firms can't prove they have continuing authority.

    DRP will be no different, and it's possible the OP might even be able to get the £150 back.

    If not, it's a decent amount to counter claim and would be very easy to prove with a Bank Statement.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Jay8705
    Jay8705 Posts: 28 Forumite
    Fourth Anniversary
    This does sound encouraging at least. On what grounds would you ask for the money back, just that you haven’t given DRP permission to take these payments?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Jay8705 wrote: »
    This does sound encouraging at least. On what grounds would you ask for the money back, just that you haven’t given DRP permission to take these payments?

    On the grounds of the law ...... coercion

    The 2008 Regulations make aggressive practices unlawful (see regulation 7). Whether a trader has behaved aggressively is a question of fact, and depends on whether it
    significantly impairs or is likely to significantly impair the average consumer’s freedom of choice. It covers the use of harassment, coercion or undue influence.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Jay8705 wrote: »
    …. On what grounds would you ask for the money back, just that you haven’t given DRP permission to take these payments?


    Obviously!


    (Assuming you haven't)
  • Umkomaas
    Umkomaas Posts: 43,591 Forumite
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    Sorry if I've missed this in all the froth, but which parking firm is involved here?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 154,201 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jay8705 wrote: »
    This does sound encouraging at least. On what grounds would you ask for the money back, just that you haven’t given DRP permission to take these payments?

    Yes, that's what I said about Kaspersky. It was very easy. This is similar, and there are rules about rights of cancellation that DRP have broken IMHO.

    You could say you agreed to pay one payment over the phone and this appears to be a scam because they've taken more (with no written agreement or opt in to a repeated payment) and you now wish to block them as a payee and have the subsequent payments refunded, too.

    I suspect a debt card provider would do exactly that, even for the payments made. I was refunded a Kaspersky payment from a year before...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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