CapitalOne Finance - Debt From Different Account

[jthep]

Hi

 

I am wondering if someone could offer some advice.

 

I stupidly took out a payday loan from Capital One Finance back in november, and the funds were deposited into BANK Account A. The original ammount deposited was £185.

 

to cut a long story short, i didnt repay the loan and buried my head in the sand (because I was looking at redundancy at work - capital one were not interested in a reduced payment plan). They have contacted me once since this time, and I havent heard off them since.

 

Today I have notcied that they have taken money out of my 2nd bank account. This is an account with the same bank, but its a different account number, more imporantly it is a different card number.

 

I.e

 

The funds were deposited into Bank Account A but they have managed to get hold of my details and take nearly £400 out of my account yesterday. I.e Bank Account B has had nearly £400 withdrawn from it.

 

I have spoken to my bank this morning but they said that I either need to contact the company or try them again on Tuesday when all of their departments are open after the Bank Holiday.

 

I have been looking over their T&C;s

 

Sectuion 1 part 3 states

 

You authorise us to collect any monies owed under the Agreement from any debit card account of which you have supplied details to us. We may make these attempts as frequently and at any time we choose while there is an overdue balance on your loan account, up until the time where the total amount collected equals the total amount owed. At this stage it will be deemed that your loan has been fully repaid. We do not have to give notice of these intended collection attempts.

 

I have not supplied them with details for this card - mainly because it is a new card less than 3 months old (i.e I didnt have this card for my 2nd account when I took out the loan with them

 

Is there anything that I can do!

 

are they leagally within ther right to try to take the money from a totally seperate bank account?

Edited April 29, 2011 by jthep

[jthep]

To further back this up, I have checked with my bank what time the transactions took place.

 

25/04/2011 at 04.23 am!, so it was defiantly automated. I think what has happened is that my missus has used my card to pay a payment to one of Capital One Finanece's affiliates and they have passed the details accross? would this be feasible.

[jellycubes]

Hi there, yes if you or your wife has a payday loan with an affliate and they were given the card details then this is what has happened. They are an awful company to deal with

[paxon]

Report it as fraud to your bank as you never gave auth for them transactions.

[dx100uk]

yep def fraud

 

now you need to do a chargeback

 

dont put up with any rubbish from your bank

 

a chargeback please, you can investigate it afterwards but i want the money back

 

they SHOULD NOT have allowed it without your permission

 

dx

[ihateyes]

i think this needs to looked at from another angle in tems of Data Protection.

Yes we know they share details, but is the sharing of OUR CARD DETAILS permitted under data protection, sharing of our card details to companies we may not deal with??

 

Data Protection is all about holding relevant Data, for a reasonable time period.... Now our card details being passed to companies we may not have any deaings with surely isnt relevant....

 

Maybe the OP should contact the Information Commissioner and report this to see how they respond...

[jthep]

Hi All

 

Thanks for the replies, they are very useful..

 

I have just tried to contact my bank but I have been told to ring back tomorrow, as nearly all of the departments are closed for the bank holiday.

 

I jsut have a few questions if that is ok?

 

Chargeback

how does this work?, should I base my argument with my bank on

 

'the funds were taken out at 4.23am !, two payments of £185 and one payment of £35, again they were taken at 4.23am and I would not be awake at this time, let alone be on the phone to a company, I did not authorise the funds out of my account!, the company in question had details for a different bank account and I think that they have received my details from an affiliate of theirs. basically I have had no dealings with this company since November of last year, so I want the money back in my account

 

Capital Finance One

Is it worth me writing them an email (so its documented) asking them to confirm how they were given my card details as there is no way I would be authorising transactions at 4am

 

any help with the wording of either of these would be of great help!

 

Thank you all for your help and advice

[dx100uk]

do the chargeback over the phone to your bank direct

 

dont put up with any rubbish if they start going on about they need xxxx time to do it etc etc

 

demand they chargeback the transactions immediately, THEN do their investigsations NOT the otherway around

 

few bank staff are fully aware of the chargeback scheme.

 

and think it works investigation FIRST then payment - it doesnt!

 

dx

[jthep]

Hi All

 

I contacted my bank and explained the situation.

 

They refused to entertain a chargeback until I asked to speak to someone more senior.

 

Once I did they said they would look into it.

 

The money was back in my account inside 2 days.

 

Captial Finance One are not happy about it, but after being told they took money withough authorization they are now backing down.

[robjam1969]

Excellent - What a shame CFO don't like it. Hopefully more banks will follow suit and more people will try to put pressure on them to get their money back.

[dx100uk]

GREAT RESULT

 

p'haps as said a few more leechers will now stop this unlawful practise AND the banks wake-up to the rights under the chargeback scheme!!

 

time to donate.............

 

dx

[Jamie Kingston]

great news. well done.

[Claire120275]

Would you beleive the same happened to me yesterday. They took about £300 pounds from my bank account. But the bank they have taken money from is a different bank from what I gave them. I spoke to my bank and they have said as soon as the funds have cleared from my account I will get a refund within 24 hours.

I called Capital One Finance this morning and asked him how he got my details and he could not give me a straight answer. He was very rude to me. I have not paid for my loan with them but this does not give them the right to gain access to a bank account that I did not give them and just take random amounts.