Credit Expert taking funds from my bank account?

[Shelley181146]

August last year my son (who works irregular shifts) wanted to move his bank account because Santander were applying extortionate charges to his account for going over his overdraft by less than £5. I know it's within their rights to, that's not the issue here.

 

My son applied to Credit Expert online for his credit file information during an offer for their 30 day free trial. He downloaded the information he required and due to shift patterns emailed them to cancel his subscription before any payments were taken from his account. Anyway, as teenagers go, he wasn't checking his bank statements and I found he was then being charged more charges from Santander because Credit Expert were still taking payments (which were taking him over his overdraft) for a service which my son had no access to - when he tried to access his credit file account it advised 'no such account', but he was also receiving emails from credit expert saying 'we notice you haven't logged in for awhile, use it or lose it'.

 

We have taken this up with Santander and to be fair, they have reversed most of the charges and explained that Credit Expert physically type in his bank card details every month and that it's not a d/d mandate and he would have to speak to them to cancel his account. The other reason he emailed them was because other organisations would request cancellation in writing and not over the phone!!!

 

Santander cancelled all bank cards relating to his account and we hoped that would stop any further monies being taken from his account - Oh no!!! This month, Credit Expert haven't taken the usual £7.99 but £5.00 and yes, Santander have charged him for the privelage, £28.00 including interest.

 

Yesterday, my son's first day off in ages, telephoned Credit Expert and cancelled his account verbally.

 

My questions are these?

A) What claim, if any, do we have with Credit Expert for taking money and not providing a service, and quite clearly he has tried to cancel the subscription before funds were taken?

B) Who do we claim from regarding this months charges with Santander? Santander because they had cancelled the cards or Credit Expert again because the account had been cancelled?

C) How do we sort out his credit file now because it's Credit Expert that has caused the bank charges to snowball and affect his credit rating?

D) How do we get his credit rating corrected?

 

If anyone has similar experience I would be grateful for knowledge how you dealt with it please?

[dx100uk]

as CE are the route cause

and can/must be able to access the data and prove what is being said here

 

i'd contact them direct

 

they are responsible for the mess and should mend the credit file & pay any charges with sat that he got.

 

they have quite a good customer complaint desk

i'd try that

 

dx

[rebel11]

Hi Shelley

 

Credit Expert are a bit strange. They won't allow you to cancel your account by e-mail, they state that you need to ring them to cancel. The whole point of doing that is so they can resell the product to you so you don't cancel. So as long as he's got proof of the e-mail it should be fairly straight forward.

 

Further 'Credit Expert physically type in his bank card details every month', you need to contact the bank for clarification.

 

Have a read of the Security benefits:- http://en.wikipedia.org/wiki/Card_security_code

[mmcginlay]

Can I claim back payments from credit expert as they have just taken out a double payment from my account.

[renegadeimp]

Yes you can. Just give them a ring, or put it in writing along with proof, and they'll refund it.

[scarlettuk]

Credit Expert are a nightmare. My partner did the same thing - e-mailed to cancel within the 30 days. They continued to take money for months, even though she argued with the bank and them over it. Her bank account ended up closed because they couldn't sort it out between them. I have recently signed up with them for the 30-day trial and intend to follow their instructions to the letter to cancel! We shall see if it works

[Shelley181146]

Credit Expert are a nightmare. My partner did the same thing - e-mailed to cancel within the 30 days. They continued to take money for months, even though she argued with the bank and them over it. Her bank account ended up closed because they couldn't sort it out between them. I have recently signed up with them for the 30-day trial and intend to follow their instructions to the letter to cancel! We shall see if it works

There are other credit ref agencies to obtain ur history and dont charge you for it or very little.Type in noddle. I got immediate access to the same history. Unless it is absolutely necessary, I would never use credit expert again!!!

[scarlettuk]

I've signed up to Noddle, checkmyfile and Credit Expert - the latter two I intend to cancel before the 30 days is up. I wanted to make sure I had a complete picture as there was something specific I was looking for. Cheers

[BRIGADIER2JCS]

Please be aware that checkmyfile and Noddle use 2nd hand data gathered from other agencies and are not always up to date.

[dx100uk]

credit expert or the like use CPA.

 

if you can PROVE to your bank that you asked for it to be cancelled

 

you should be demanding they get your money back.

 

although this is to do with PDL debts etc

 

the info applies:

 

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

dx

[renegadeimp]

I had a run in with credit expert at the beginning of the year. They had set up TWO accounts for me on one credit file, and told me it was MY fault. I used an old bank account for this as it has a fair amount of money in it that me and my family use for "impulse purchases". Around 7 months after i signed up, we had the six monthly statement through and it showed that they had taken two lots of payments each month.

 

I called them up, and they tried to say it was my fault. The cheeky woman on the phone even tried to say they couldnt refund it, until i told her i was recording the call, had full proof that i opened one account and theres no logical reason for 2 to be open on one credit file. She then tried to say she couldnt refund all the payments, just 3-4 as a gesture of goodwill. ( This was after she talked "to her manager") . I told her to refund every payment made, or i would be issuing a claim through northampton, and i would be using the phonecall as evidence to identify her and use her as a witness. Another 5 mins later speaking to her "manager" and she told me that all charges would be refunded within 3 days

 

You have to be very careful, and make sure you have a solid backup of evidence. Credit Agencies exist purely to make a profit now, which is disgraceful, as pretty much every persons life revolves around their credit now.

[BRIGADIER2JCS]

True indeed, I'm old enough to remember the fledgling CRAs and the almost stealthy building up or their remit over the years, as a regular user of both ''sides'' of CRAs the amount of data available now is quite staggering.

[toofiegap]

I had a run in with credit expert at the beginning of the year. They had set up TWO accounts for me on one credit file, and told me it was MY fault. I used an old bank account for this as it has a fair amount of money in it that me and my family use for "impulse purchases". Around 7 months after i signed up, we had the six monthly statement through and it showed that they had taken two lots of payments each month.

 

I called them up, and they tried to say it was my fault. The cheeky woman on the phone even tried to say they couldnt refund it, until i told her i was recording the call, had full proof that i opened one account and theres no logical reason for 2 to be open on one credit file. She then tried to say she couldnt refund all the payments, just 3-4 as a gesture of goodwill. ( This was after she talked "to her manager") . I told her to refund every payment made, or i would be issuing a claim through northampton, and i would be using the phonecall as evidence to identify her and use her as a witness. Another 5 mins later speaking to her "manager" and she told me that all charges would be refunded within 3 days

 

You have to be very careful, and make sure you have a solid backup of evidence. Credit Agencies exist purely to make a profit now, which is disgraceful, as pretty much every persons life revolves around their credit now.

OMG same as me I am trying to get money back for 14 months of payments when I had never senty them the bumpg of passport etc, They are stating I set up another account and called me a liar too. refusing to refund and want to check me out to make sure \i am not lying

[renegadeimp]

Ask them why two accounts are activd on one file and why their systems dont stop this. Its obvious its a money making con

[toofiegap]

yup been arguing with them most of this afternoon, sent e mails and ignored them, spoke to TS and ICO who were adamant that they are in breach of contract (i never received any service and when I did check a few times to see if there was anything all I got was a blank page with NO credit file, now they want to "investigate" meaning go away and we will come back to you when we feel like it)

[renegadeimp]

Make sure they know its an official complaint so you can take it further.

[uneverdid]

I ended up having to cancel my card to stop them taking money nightmare !

[toofiegap]

funnily enough I had to get a new card a few months back as mine broke but they still took the money , I have made an official cpmplaint and also told them that if they did not refund me the money as it was in clear contrevention of the CCA by not supplying me with services I was paying for I would issue a court claim against them for breach of contract. Thier reply was that thier insurance they put in the T&C would stop this.

[dx100uk]

if these payments have been taken by a card CPA

 

then get them back from your bank

 

they've all recently been heavily carpeted for allowing it to happen.

 

dx

[renegadeimp]

funnily enough I had to get a new card a few months back as mine broke but they still took the money , I have made an official cpmplaint and also told them that if they did not refund me the money as it was in clear contrevention of the CCA by not supplying me with services I was paying for I would issue a court claim against them for breach of contract. Thier reply was that thier insurance they put in the T&C would stop this.

 

They use a cpa

[BRIGADIER2JCS]

A new card wont stop the account being debited as the old card number they have on file is still linked to your account.

As the Imp says they use CPA INSRTUCT YOUR BANK TO STOP THE CPA (don't ASK!!). The bank MUST stop the payments immediately.

[toofiegap]

that has already been stopped checked and nothing else has come out since June now just to get the 14x14.99 back from them

[dx100uk]

you might be lucky with your bank

 

try reading this:

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa [now the FCA] 11:24 31/05/2013 guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

was org for pay days loan companies but might help

 

dx

 

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

and

Attach the following to your claim and in the interim period write to your bank and attach the following (Keep a copy)

Regulation 55 of The Payment Services Regulations 2009:

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

You can learn more about your rights via the following fsa guide :

Ending recurring payments from credit cards

57 Recurring payments, is the term used to describe transactions for which a client has granted written permission for her/his credit or debit card to be debited for recurring goods or services, for example, club membership subscriptions, insurance cover or payday loansicon. The card may be debited annually, monthly or at other regular intervals.

.

58 In most cases, recurring payments can be cancelled by telling the trader taking the payments. However, a client has the right to withdraw consent by simply telling whoever issued the card (the bank, building society or credit card company) that s/he does not want a payment to be made. S/he can tell the card issuer by phone, email or letter.

.

59 The card issuer has no right to insist that the client ask the trader to stop taking the payment first. The card issuer has to stop the payments if the client has asked them to. The client could point out to the card issuer that they should follow the FSA guidance available in the FSA know your rightsicon booklet which is available on the FSA website at www.fsa.gov.uk.

.

59a If money is still taken from the client's account, it will be deemed to be an unauthorised transaction, and the card issuer must give her/him an immediate refund. The card issuer will have to cancel any interest and charges added to the her/his account because the payment was taken. It is not up to the client to prove that s/he told the card issuer to stop taking payments. Instead, the card issuer would have to prove that s/he did not tell them to stop making payments.

.

60 The client should make a complaint to the Financial Ombudsman Service when all the internal complaints systems within the company issuing the card have been exhausted.

I hope this information is of assistance

New june 2013

Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.

Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement by contacting their card provider, the Financial Conduct Authority said.

The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs) due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.

CPAs, which are also commonly called recurring transactions or recurring payments, are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.

Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by mistake following cancellation by a customer the customer will be refunded immediately.

In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.

Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.

“We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue. From now on we expect them to be getting this right. In addition, they have committed to review past complaints.”

http://www.ftadviser.com/2013/06/28/...J/article.html