Bank Promise to Pay

HiggiHiggins

Received a letter from the bank advising of failing to meet a promise to pay agreement.

This was the first letter on the issue we had received and neither holders had agreed anything. 

We asked the bank who effectively could give us no evidence of who agreed it or and paperwork to relate to it. All they could say was it had been agreed on their app and that the promise was to pay them  more than what was disputed (ie debt was £254 and they said agreed was £290) in 30 days. 

Although the agreement “generates” a letter to advise of failing an agreement, they say there’s nothing available, generated, emailed etc when it’s agreed. We know the fact nothing was agreed by us us the reason nothing is availed at all.

they say they can see it was agreed on the app but nothing is saved that’s visible. I mean how can the system then generate a letter advising of a failing if it’s nothing to compare against the “agreed”.

this failing has then seen then report the acc and holders to CRA and the account adverse but yet can show no proof of any credit agreement.

under the CCA74 I believe that if a party breaches the agreement then they could sue us. Should we ask them for a copy of anything or why it’s not available? I mean I wouldnt imagine the faculty to agree, amend, sign or confirm any credit agreement would be available on a banking app with a click of a button. Certainly nothing would be done without some hard copy by email or post. 

Any suggestions 

MorningcoffeeIV

In simple English - who has failed to pay who what?

HiggiHiggins

The bank refunded a payment and confirmed it being a refund after they had investigated.

they then wrote claiming they are reclaiming what they now call a temporary refund. Despite trying to discuss the matter and the account being at £0 with no OD they didn’t engage and took the payment from the account. 

From there exactly a week after the debit, the plan was then started and the 30 days began. The first we knew of this was a letter advising it had been failed.

In simple terms, we hadn’t agreed to pay anything to the bank. They took the payment without our consent despite trying to discuss the matter. We clearly outlined the damage it could and did do and they proceeded. We didn’t agree that they could take the payment and put forward the reasons. They took the account to an unauthorised OD, so they effectively took their own money. It’s potentially using their right to offset but done it from an account with credit. 

MorningcoffeeIV

So it was a chargeback that failed?

In which case you need to discuss with the retailer. The bank didn't need your agreement.

Presumably you do not have an authorised OD, so you need to repay that ASAP.

HiggiHiggins

No not a charge back. The payment was for disputed txns which they stated had been investigated deemed fraudulent and were debit refunds for the txns.

they didn’t issue chargebacks as they say they didn’t need to and made the decisions based on internal info. 

They then changed their story when they wrote saying the txns I’d been advised were fraud are not deemed liable and so we will reclaim the money. They didn’t provide any documentation in  relation to and txn or reason for liability or change from being a fraudulent txn days prior.

no no od at all on the account. I ultimately acted on information they provided which is why I sought clarity on what it was prior to transferring it. The bank would allow any payments from an external organisation if there was the money there to allow it. I understand potentially in exceptional circumstances it will permit a small payment but in the main it wouldn’t allow. 

So when they’ve processed 30 ish txn at a near four figure sum, it’s been done manually and overridden 

molerat

Does this have something to do with your post from January ?

https://forums.moneysavingexpert.com/discussion/6415273/barclays-fraud-gdpr-breach/p1

HiggiHiggins

Same ongoing saga yes

Jamesyb123

Just as a side bit of info and looking at the post from January if you have done a large volume of charge backs and the bank has decided they were not fraud you may find they stick a cifas marker against you. Worth requesting a DSAR from CIFAS just incase. Not to scare you but that's what happened to me many years ago.

HiggiHiggins

Nothing showing on my credit reports I have checked this but not checked cifas direct if any different, just assumed they would be on CR. Surely if you claim the txn are fraud and they find the consumer liable then would that not amount to being a fraudulent claim and they would have to report it to the police? if they don’t have enough evidence to prove a fraudulent claim then how can they have to hold anyone liable on the txn?