Halifax and unauthorised payment

Hannahc1990x

Hello all,

So I have been unable to completely find an answer to this but I have checked the FCA on it.

So I rang my bank on the 5th December to block all payments to a future company as it was a recurring payment authority. However on the 31st December they allowed the payment to go ahead anyways at £243. I rang the bank and they said the block was never put on. I asked them to listen to the call and I wanted my money back as I had not authorised it. So a manager listened to the call and I was right that I had blocked it and they had messed up. I opened a complained about it. The woman on the phone gave me £25 for the inconvenience and said I will receive all my money back the following working day. I agreed to close my complaint but only on the bases I was definitely getting a refund which she said I was definitely. This day came and no refund. I rang the bank and they said to give it until close of business. I waited and still no refund. I rang back and they said to give it until midnight. I waited until next morning and still no refund. I rang again and they said to wait until close of business. I waited and no refund so I rang again.

On this fourth phone call the woman said no refund had been authorised and she put me through to the complaints manager who said he would have to listen to all calls and make a decision.

Now, am I not right that the FCA says I should be getting a refund for the incompetence, I definitely didn’t authorise the payment and it should be without undue delay. I have been waiting almost 6 days for the manager to ring me back. Has anyone had any similar issues? What was the outcome? Where can I go from this? It’s a lot of money and they are sitting on it. I don’t want the same thing to happen again this month either and they let it go out.

Thank you

eskbanker

Hannahc1990x wrote: »

Now, am I not right that the FCA says I should be getting a refund for the incompetence, I definitely didn’t authorise the payment and it should be without undue delay.

https://www.fca.org.uk/news/news-stories/continuous-payment-authorities-it-your-right-cancel does indeed mandate that "Card issuers must refund these payments and any related charges immediately" so if they concede that there's evidence that they accepted the cancellation instruction then they don't appear to have a leg to stand on.

Up to you how hard you want to push it, but it sounds like you've already been fairly proactive in chasing them so do so again and insist that the complaint is reopened after being closed prematurely, which in itself is potentially grounds for complaint. As per the FCA article, you can escalate to the financial ombudsman service if you're unhappy with Halifax's response, although this will typically be entertained only once you have a final position from them, so isn't a particularly suitable route for expediting, especially when FOS have a case backlog of many months.

Hannahc1990x wrote: »

I don’t want the same thing to happen again this month either and they let it go out.

Bearing in mind that three of the seven days since it happened were non-working days, I'm sure it'll be resolved soon and would be astounded if it was still an issue in 23 days time!

Hannahc1990x

Thank you for your reply Eskbanker. It has helped ease my mind. Hopefully I get a response soon from the bank and my money. I’m going to give them a call today and see if I can get any response out of them.

born_again

Don't know why they needed to listen to the calls other than for the complaint.
If it was cancelled 5 Dec and then taken 31 Dec Halifax should have refunded the £243 by the end of the day.
We actually do it on the end of the call, and can be seen straight away.

Sounds like one mess up after another.

I would expect that you get offered another £25 when they come back to you.

Hannahc1990x

I rang Halifax for an update on my money. They were completely useless. I mentioned to them about the FCA and that I was due a refund, and that they should only be listening to the calls because of the complaints. They didn’t listen to me in the end and just put notes on the system. They said I would hear back in 15 days with a letter. That’s it. I also asked to make sure that the payments were blocked for future payments and I wanted proof that it was cancelled in writing but they wouldn’t give me that either. I’m totally furious with them so I have decided to switch banks once payday has been.

born_again

This is the area I work in.
A they do not need proof that you have cancelled. If the company reject the chargeback, then you will need to provide the proof.
We do not give proof in writing. The reason for this is while we can add the cancellation to the Visa/Mastercard system (note this is not a bank system, but provided by Visa/Mastercard). We do know that some retailers simply ignore the message and still process the transaction.
so while the bank is doing all they can. It is the retailer that is the issue.

Given you already have a open complaint, there is nothing else the call center will be able to do. unless they can get you through to the complaints team.

But they are clearly in breech of PSD (payment services directive) by not refunding the money back. So there should be some compensation for this failure.
If they refuse, then do not let them close the complaint and let it go to FOS. That will see them charged for the privileged and also a slap for failing a basic procedure.

Westie983

Hi,

Do you have a local branch you can go into as you can then use their phones and have a time stamp and will be able to get a copy of the notes on the system showing you have called to chase.

As others have said continuous payment authorities can and should be cancelled by the bank and funds refunded straight away before you leave and then if the company comes back saying the payment was actually due and authorised the money is taken back.

In relation to any more payments going out as long as the continuous payment authority has been cancelled you won't get it coming out again.

Westie983

Terry_Towelling

Could you please clarify whether this is for goods that have already been supplied or services that are supplied in monthly 'blocks' so as to match with each monthly charge? Could you also describe the contract involved and how you have agreed to the payments in that contract.

I think (but am not sure - please enlighten me someone) there are differences between an Instalment Payment Plan and a Recurring Transaction. Whatever the case, your bank may be able to cancel the payment instruction and give you back your money but that doesn't necessarily release you from the contract you have entered into. You may be pursued by the company for payment by alternate means. Have you cancelled the contract with the actual company involved?

jonesMUFCforever

I was wondering what the payment was for?

Hannahc1990x

It is for payment assist. I have asked for them to reduce the monthly amount over a long period but they have said no as it’s suppose to be over four payments. I have never said I wouldn’t pay them but not at the high costs at the minute as sometimes money is just too tight and things happen.

I have completely decided to just change banks. I am not doing a switch but I do have another bank account anyways so I will be removing all funds once payday has been then if they choose to let it out with no money there that won’t be my problem as I have cancelled payments.

Feel very let down by Halifax and won’t be letting this go until I’ve got my money back and compensation. What if that money was for rent and they’ve allowed it to go? Or to feed children because I was just in a financial mess at the minute. I mentioned to them on the phone that it sounds like they just let any old payments go out and don’t refund anyone for unauthorised payments. He didn’t say anything to that. I think Halifax need some training and sacking going on.

BoGoF

So basically you tried to avoid paying back a loan and abusing the CPA cancellation process.

But think of the (non existant) hungry children.