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  • FIRST POST
    • Rosieh95
    • By Rosieh95 16th May 19, 11:35 AM
    • 2Posts
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    Rosieh95
    Continuous Payment Authority on Someone Else's card
    • #1
    • 16th May 19, 11:35 AM
    Continuous Payment Authority on Someone Else's card 16th May 19 at 11:35 AM
    Hello, I have been searching on Google but can't find any details on a CPA set up using someone elses card. a year ago my daughter subscribed to E-Harmony who have a CPA water-tightly set up in their T&C's. She paid using her Dad's debit card. Within 2 weeks of signing up she met her now fiance (not via EHarmony) and went into the app to cancel her account. it would not let her saying she had 11 months of subscription left. being impatient and not wanting them to send any more matches she deleted the app. :Low and behold a year later they took a payment from her Dad's card. they apparently send a reminder via the inbox on the app (which she had deleted 11 months ago). She has tried appealing to them but they are having none of it and say they have acted within the T&C's however does her Dad have any recourse to say he did not give permission for the payment to be made? can someone give permission for ongoing payments on someone else's card without that other party agreeing to it? or does letting her use the card initially mean he is subject to the same conditions as she is as the account holder? any advice appreciated!
Page 1
    • gettingtheresometime
    • By gettingtheresometime 16th May 19, 1:26 PM
    • 4,576 Posts
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    gettingtheresometime
    • #2
    • 16th May 19, 1:26 PM
    • #2
    • 16th May 19, 1:26 PM
    In fairness to EHarmony they clearly state in the t&cs that no refund will be given if a member decides to cancel during the process though if it was within a fortnight of her joining up she could have used her 14 day cancellation rights (but she needed to cancel in the correct manner).


    Personally I never understand why people think cancelling the app/dd is the same as giving the correct notice.
    Lloyds OD / Natwest OD / PO CC / Wescott / Argos Card cleared thanks to the 1 debt v 100 day challenge


    Next on the list - JD Williams
    • Rosieh95
    • By Rosieh95 16th May 19, 1:47 PM
    • 2 Posts
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    Rosieh95
    • #3
    • 16th May 19, 1:47 PM
    • #3
    • 16th May 19, 1:47 PM
    Fair point, and yes she should have cancelled via the correct method - however the key question remains. Do they have authority to charge her Dad's card under a CPA as it was she who signed up for the service? By allowing her to use his card for the initial payment does that give ongoing authority for a CPA?
    • Socajam
    • By Socajam 16th May 19, 2:06 PM
    • 254 Posts
    • 317 Thanks
    Socajam
    • #4
    • 16th May 19, 2:06 PM
    • #4
    • 16th May 19, 2:06 PM
    Fair point, and yes she should have cancelled via the correct method - however the key question remains. Do they have authority to charge her Dad's card under a CPA as it was she who signed up for the service? By allowing her to use his card for the initial payment does that give ongoing authority for a CPA?
    Originally posted by Rosieh95
    Yes, it does, permission was given. I doubt she will get her money back, but there is no harm in trying.
    The stupid thing she did was to delete the app which is used to cancel the subscription once the year was up.
    She should have use her calendar on her phone to set up a reminder closer to the date when the subscription would have renewed to cancel this subscription for any future payment.
    • Manxman in exile
    • By Manxman in exile 16th May 19, 3:25 PM
    • 2,180 Posts
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    Manxman in exile
    • #5
    • 16th May 19, 3:25 PM
    • #5
    • 16th May 19, 3:25 PM
    Seems to me there are two choices:


    1. Dad gave daughter permission to use the card, so CPA is valid. (Dad really ought to have warned daughter to check T&Cs or done so himself), or


    2. Daughter has committed a criminal offence - call the police!
    • Blackbeard of Perranporth
    • By Blackbeard of Perranporth 16th May 19, 5:15 PM
    • 6,047 Posts
    • 35,093 Thanks
    Blackbeard of Perranporth
    • #6
    • 16th May 19, 5:15 PM
    • #6
    • 16th May 19, 5:15 PM
    Seems to me there are two choices:


    1. Dad gave daughter permission to use the card, so CPA is valid. (Dad really ought to have warned daughter to check T&Cs or done so himself), or


    2. Daughter has committed a criminal offence - call the police!
    Originally posted by Manxman in exile
    3. Next time arrange a Blind Date inn the Dog and Hound!
    Cardiac Arrest - Electrical - Patient unconscious! Heart Attack - Plumbing - Patient conscious!
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    • unholyangel
    • By unholyangel 16th May 19, 9:04 PM
    • 13,529 Posts
    • 10,849 Thanks
    unholyangel
    • #7
    • 16th May 19, 9:04 PM
    • #7
    • 16th May 19, 9:04 PM
    Fair point, and yes she should have cancelled via the correct method - however the key question remains. Do they have authority to charge her Dad's card under a CPA as it was she who signed up for the service? By allowing her to use his card for the initial payment does that give ongoing authority for a CPA?
    Originally posted by Rosieh95
    Its not a simple answer.

    The dad might be able to get it refunded by his bank/FoS if he didn't authorise anything more than the initial payment but that won't necessarily stop your daughter owing eharmony.

    Get her to pay dad back and everyone's square. Bonus if daughter learns lesson in making sure you read what you're agreeing/ensure you cancel services properly.
    Money doesn't solve poverty.....it creates it.
    • Potbellypig
    • By Potbellypig 17th May 19, 10:32 AM
    • 436 Posts
    • 301 Thanks
    Potbellypig
    • #8
    • 17th May 19, 10:32 AM
    • #8
    • 17th May 19, 10:32 AM
    Its not a simple answer.

    The dad might be able to get it refunded by his bank/FoS if he didn't authorise anything more than the initial payment but that won't necessarily stop your daughter owing eharmony.

    Get her to pay dad back and everyone's square. Bonus if daughter learns lesson in making sure you read what you're agreeing/ensure you cancel services properly.
    Originally posted by unholyangel
    Exactly. Daughter needs to learn that Daddy can't bail her out and needs to accept responsibility. She should be paying Daddy back and learning that simply deleting an app doesn't cancel a subscription (I can't believe I'm actually typing that bit).
    • Colin_Maybe
    • By Colin_Maybe 17th May 19, 10:59 AM
    • 4,016 Posts
    • 2,292 Thanks
    Colin_Maybe
    • #9
    • 17th May 19, 10:59 AM
    • #9
    • 17th May 19, 10:59 AM
    Fair point, and yes she should have cancelled via the correct method - however the key question remains. Do they have authority to charge her Dad's card under a CPA as it was she who signed up for the service? By allowing her to use his card for the initial payment does that give ongoing authority for a CPA?
    Originally posted by Rosieh95
    There is a clue in the name if you think about it for 5 seconds:- Continuous Payment Authority.
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