SKY using my card details without my consent.

[matthewlaurence]

To cut a long story short:

 

I used my card details for a friend to pay a sky installation, and they have retained my details and used them to take payments, as my so-called friend hasn't been paying her direct debits. On my bank statement it is a POS (point of sale) transaction, where, to my knowledge you need to be present to allow use. This to me is highly suspect, and fraudulent.

 

I have spoken to SKY (nightmare!!!!) and was advised to write to them with full details and give proof of the payments (statements) and they have written back saying they cannot do anything as I am not the account holder and cannot access my friends account under data protection act laws. However it is perfectly fine for them to use my details.

 

My bank are not willing to help and say it was my own fault for 'giving out' my details. I was given assurance when making this one off payment by SKY that my card details would not be used.

 

Before I write back and threaten legal action I could do with some advise on what rights I have and if SKY have broken any laws. Surely it is basically stealing? Trying to claw the payment by any way possible?

[johnvernon74]

I think you will find that the account has been set up with a continous authority for your card details. If so sky have done nothing wrong, I'd suggest you write to them advising that you no longer give them details to use your card. Also advise your bank that you dont want sky to take any payment. Your friends....is the one that owe's you money so ask them to pay up!

[MaxxPower]

I have to disagree. Sky and the Bank are in the wrong here just as much as the friend.

 

These are unauthorised transactions and the bank need to reverse and stop them. You only gave permission for the first payment.

The bank can't use the excuse "You gave out your details" as this means that the second you use your card once in say something like online shopping, that online store then has permission to just charge whatever they want to your card because "you gave out your details".

 

Get back onto the bank and insist (go to a manager if you have to) that first of all they block any future payments to Sky and that they look into reversing the existing charges.

[johnvernon74]

The OP states that the details were used for an install only. Was this done online?? As sky offer either a Direct Debit or continuous card details. If the OP selected card details then its fair for sky to take payment (as per contract). If they stated Direct devit then sky would not and could not take future payments by card.

[Bazooka Boo]

Cancel the card with your bank and have them issue you with a new one as it has been compromised.

If this is, as you say, an unauthorised payment using your card details, then go use visa debit chargeback.

 

http://whatconsumer.co.uk/visa-debit-chargeback/

[citizenB]

I think you need to write to the top dog at Sky and also bring the following to the attention of your bank..

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?850-Continuous-Payment-Authorities-How-to-stop-them

 

 

Putting aside the fact that you personally have not set up a CPA with Sky, you made a one off payment and it is wrong of them to keep your card details in that respect.

[IdaInFife]

When someone sets up a sky account, the new account holder then sets up a payment method - any details used to pay for an install are not automatically held for future payments.

 

Sky cannot refund these automatically to you as most likely the sky account holder has given their names as the card holder and not yours which is not checked by banks when taking payments.

 

As above you need to contact your car isser report these as fraudulant transactions, albeit they are aware you gave your details, but for one initial payment only. Your card issuer may request that you contact the police first and get a crime reference number before they proceed as you willingly gave your details.

 

If your card details are being used for monthly continual payments without your consent sky will cancel these but will not issue a refund unless claimed back from your bank.

 

So you need to decide to either sort it with your friend as they have done this knowingly or go to the police.

[IdaInFife]

Also may i add, if your friend has not been honest and said the card is in their name and not a third party, then if the stop paying within the first 12 months they have gave authorisation for the remainder term of the contract to be taken from your card.

[johnvernon74]

OP was aware what was happening, sky must have direct debit details or credit/debit card details for monthly payments. Easiest thing to do here is cancel card and loose a friend.

 

http://www.sky.com/helpcentre/account-and-billing/payments-and-billing/change-your-payment-method/

[matthewlaurence]

EXACTLY. So if I go for a meal, or pay for my shopping, companies have the right to play carte blanche with my details. I haven't given up and have had a great response from watchdog, so I'll keep you posted.

[johnvernon74]

EXACTLY. So if I go for a meal, or pay for my shopping, companies have the right to play carte blanche with my details. I haven't given up and have had a great response from watchdog, so I'll keep you posted.

 

Not a valid point, I dont work for sky and cant be bothered with them, but they are clear on their terms and conditions.

[matthewlaurence]

Valid or not. I've had contact with SKY and am getting my money back through an indemnity claim. So it is worth fighting situations like this. And: If you are not bothered about sky, how are you so familiar with terms and conditions? Odd. Anyway, thank you for the POSITIVE responses/advise to everyone.

[johnvernon74]

Valid or not. I've had contact with SKY and am getting my money back through an indemnity claim. So it is worth fighting situations like this. And: If you are not bothered about sky, how are you so familiar with terms and conditions? Odd. Anyway, thank you for the POSITIVE responses/advise to everyone.

 

Im so familiar with T&C's as its an interest that I have, I was only making you aware of the facts. This site is here for us all to learn things from and all I was doing was clearly telling you the facts. Im glad that you are getting your money back - therefore a result for you