Payday Express took 4 PAyments HELP!! **

[sillygirl1]

They say they 'can' as its in their terms and conditions - I would report them to Trading Standards as there is a drive on now to stop these 'shark' companies draining peoples accounts. I would also see if your bank can't give you another account number to be on the safe side as if this hasn't paid off what you owe they will be back every time some money is paid in. I don't know how they are 'alerted' but its been reported that money goes within 4 minutes of it arriving on a 'delinquent' bank account.

 

I would push your bank to get this money back as you did not authorise them to do so - and write a shirty letter to the company director stating that you are no longer allowing them access to any bank details or your debit/credit card details and any further transactions taken will be reported to the police as fraud.

[sillygirl1]

Get the bank to refund these payments pronto, you have reported it as fraud and they should refund it under 'hardship' rules. After all point out to them that if they hadn't taken the charges from your account you wouldn't have had to go to this type of company - and point out to the bank that you are now oblighed to claim back the charges under 'hardship' rules - they might bluff but stand your ground and hopefully when they refund you you can get the money the same day.

[sillygirl1]

Again ask the bank to give you another account as they will try to set up a direct debit and steal money that way - it has been known.

 

I would push the bank hard on this one as they have an obligation to you as a customer to ensure the security of your money and their system has allowed this fraud to take place.

[sillygirl1]

The answer to your question is this:

 

A direct debit is usually for a variable payment on a set date - however it can be taken out early and the whole amount claimed in certain circumstances...

 

A standing order is for a fixed amount on a fixed date.

 

Therefore by taking out four sums they have breached the direct debit guarantee scheme which they accepted when you signed your agreement with them - whatever they our the bank might state. You can claim at least three of these sums back now, if not the whole amount, especially as it was NOT the date the direct debit was due to be paid on anyway.

 

Go for it - it is fraud despite their clauses in their terms and conditions - they can only take you to court and their interest rate alone would make this an unenforceable agreement... let alone some of the terms and conditions.

 

It is your bank you need to shout at now, as explained earlier they have caused a breach of trust and they need to remedy this, luckily for them the debits came after they had taken their share otherwise you might still have an overdraft.

 

Tell the bank you want to press charges on the payday company (which if they say you can't tell them the bank is equally liable for the direct debit breach).

 

Try and get hold of the banks head office, sometimes the local managers have very little powers themselves...

[sillygirl1]

No, it is essentially the same, they had details to take X amount on X date and they have breached this. They were not authorised to take any amount from this card other than the initial amount.

[sillygirl1]

Just make sure they refund the money to your bank account and not 'their' account... and doesn't it prove that the banks don't care about their customers, only the 'custom' they bring to them. Any decent bank would have left you the money to live on for the rest of the month.