Continuous Payment Authoritys and SATELLITE DIRECT UK

[UKMICKY]

About twelve months ago using my debit card i paid for a years service agreement over the telephone with SATELLITE DIRECT UK. At the time I did not give permission to set up a Continuous Payment Authority and have signed no agreements.

 

4 days ago its seems they have taken the money out of my account again using my debit card number this time without my permission. They have sent me nothing asking for permission or even warning me of the transaction.

 

Now i want my money back and as i have not signed any agreements i consider it to be fraud.

 

Does my bank have to get my money back.

 

Will the bank "Barclays" try to wiggle out of it.

 

Can someone please tell me my legal rights.

 

I would be grateful for any help

 

Michael

[UKMICKY]

Sorry i forgot Heeeeelp:)

[StinkyFeet]

Hiya Mate, Was this for a satellite subscription or goods you previosly purchased (satellite receiver / decoder etc)?

 

The reason why I ask is that if it was for a satellite subscrition, there may have been some form of renewal on it if its a year later. I had this a few years ago when I subscribed to Canal +, and the company re-charged me when the card came up for renewal, however a simple phone call sorted this out.

 

If you can get it sorted directly with them then would speak to Barclays, they have a legal responsibility to charge back the funds but may want to ensure that you have tried to rectify it directly with the retailor 1st as chargebacks cost them money, should it be a simple mistake they may put the problem right without any problems.

 

Hope this offers a bit of help mate

[UKMICKY]

HI STINKY

 

Cheers for the reply.

 

They cold called me a few years back and then again last year asking if i wanted to renew the cover for my sky box. As it always seems to breakdown and is no longer covered by sky on both occasions i said yes.

 

But this year they didnt call and took the money out without my authority. I ve have never signed anything and have never verbally or in writing given them permission to take the money out without my say so . They say it states in the booklet they sent two years back that they would take the money out automatically. but to be honest cant remember what it said.

 

I Rang them today and the bloke said i can take out a dispute and then wait and see but wasnt prepared to give me my money back over the phone.

 

Question

Are they not supposed to notify you each year that your contract is about to expire and offer you a new contract. I had nothing in writing from them for two years,the bloke reckons they dont have to send anything after the initial contract.

 

Also is each years contract classed as a new contract or one continuous contract , would my situation still come under the distance selling regulations giving me time to cancel and get my money back if i wish to cancel before i have used the policy.

Edited February 10, 2009 by UKMICKY

[StinkyFeet]

Well too be honest, a contract runs its course and should end or give you the option of leaving. Bit like a mobile phone contract as a example, you have a 18 month contract say, some mobile companies will contact you and advise you the contract nearly up etc etc, some dont and will just leave it running on a monthly basis till you contact them. 02 do this frequently, however if you contact them and the contract has now expired you can cancel with a 30 day notice etc as the original contract is no longer valid.

 

Therefore in this situation they should be advising you that you are no longer in contract and can cancel at anytime, maybe with a 30 day notice period. By doing this they would be acting correctly. By doing what they are doing, this is pure fraud as there giving you no help what so ever to come out of a contract that has long expired.

Think possibly a quick phone call to your local trading standards is on the card also advise you bank off it as you have done all you can going direct to the named company.

[buzby]

This company is well known for this - they phone pretending to represent the broadcaster (or in reality, talking about sky and that your warranty is due to expire, so you THINK it is them). If you are foolish enough to provide your card details they will use this to provide continuous cover - they do have this buried in the small print - but you have to look for it.

 

In answer to your questions,

 

(1) No - you willingly gave the card number, so the bank will tell you to contact the vendor for a refund. They in turn will ask if you cancelled, which you didn't (for obvious reasons), so the answer here is to note the next renewal, then cancel in WRITING 4 weeks before the new date.

 

(2) You have no 'rights' other than they must provide the service you contracted for. If they do not replace or repair the equipment as required under their insurance policy, then you will have redress, but only then.

[elliesnan]

This company is well known for this - they phone pretending to represent the broadcaster (or in reality, talking about sky and that your warranty is due to expire, so you THINK it is them).

I am sure this company was featured on Watchdog

[kiptower]

it was on WD they had someone undercover in there, check out the watchdog site

[buzby]

There's more than just 1 firm at it - but all cold call you and attempt to get your bank details - WD only looked at the one closest to them.

[Florence Murfitt]

I phoned and cancelled last year and our Sky box went wrong in September last year and as I knew I had no cover I got a new one from Sky for less price than the cover cost. Earlier this year I was checking and noticed that they had taken the money this year and checked back and they had taken it last year as well even though I phoned and cancelled unfortunately I was too late to cancel this year I have tried phoning and written 3 letters but as yet received no reply and quite honestly I don't expect they will reply !!!!!

What a bunch of crooks!!!!!

They don't even take your word to cancel when you tell them !!!!

[buzby]

Never give ANYONE a credit card mandate. Even if you cancelled with verifiable proof, you have to beg for the merchant taking the debit and can only take htem to court if they do not.

 

Like direct debits, you creidt card number is a resource easily abused. Send a cheque if you must, but at least ensure that when you stop paying, the service stops too.

[Susie246]

I have been trying to get back an overpayment they took from my bank account in April, they took £65 instead of £6.50 and trying to get the £58.50 is a nightmare.

To start with it takes between 10-20 minutes to actually get an answer and then you are told the cheque has been made out but has to be signed and that will be today, I have been told this twice.

I really don't know what action to take next. I am thinking if I don't get a cheque by friday of this week then I will write to them recorded delivery and state facts and request return of money bu a certain date and if not received then seek advise from Citizens Advice.

[Conniff]

I have been trying to get back an overpayment they took from my bank account in April, they took £65 instead of £6.50 and trying to get the £58.50 is a nightmare.

To start with it takes between 10-20 minutes to actually get an answer and then you are told the cheque has been made out but has to be signed and that will be today, I have been told this twice.

I really don't know what action to take next. I am thinking if I don't get a cheque by friday of this week then I will write to them recorded delivery and state facts and request return of money bu a certain date and if not received then seek advise from Citizens Advice.

 

Solving these type of problems should never be attempted on the phone but always by letter.

 

Do as you say, write recorded and give them 7 days. At the end of those 7 days, you don't go to CAB, you send them a letter before action which not only will be for the amount owed, but your court fee and interest.

 

This really is the only thing they understand.

[Yellow160]

i had a phone call offering cover for my sky HD box as it was now over 12 months old... I asked the caller where they got the info from and he claimed direct from Sky.. I pointed out to him that he was lying as my sky hd box was only 4 months old and if they had checked with sky it would clearly show this.. They still had the cheek to send all the details out in the post incase i wanted the cover!

[IdaInFife]

Even people without sky get these calls.

 

pure phising trips

 

ida x

[MJSand66]

Hi all - this company is now calling themselves Something Corp. I found out as they set yet another DD up on my account but luckily this time I spotted it and cancelled it before they attempted to take cash. Earlier this year i wasn't so lucky and they tried to take over £60. As i have a sepearte account for my bills and they'd already come out - there was insufficient funds - so my bank, the Halifax, charged me a failed DD fee of £39 and added a marker to my account for 3 months showing the failed DD. Despite my protests they refused to remove the charge or the marker.

 

I cancelled in writing with SatCov but here they are again - setting up cover not asked for.

 

Will wrirte again and sue one of the forms on thsi site.

 

Beware all!