Payday Loans taken to Pay other Am I In Trouble?

[nate87]

Demand a chargeback. They cannot refuse as it was their mistake. Otherwise the cpa would have already been cancelled.

 

They're saying that even if they had actioned the request on the thursday then the money would have still been taken as "they had already started to call for the money". Should I still demand a chargeback?

[renegadeimp]

Wrong. FSA says you only need to give them a few hours notice the working day before the funds are taken. Even this is a general guideline and the Bank must action upon receipt of your instruction. It might be time to make a formal complaint to your banks head office, or make a full complaint under BCOBS.

[nate87]

Bit of an update;

I have just recieved the response to my complaint from the bank. Saying; "To clarify the bank cannot cancel the CPA's you have with other businesses. As per the guidance provided by the Financial Ombudsman service, which can be found on their website, http://www.financial-ombudsman.org.uk, ot confirms "consumers give their mandate to the business they want to pay, and that business then has the control over how much is debited fom the account and when. Unlike a direct debit, however, a continuous payment authority is not covered by any bank guarantee and can only be cancelled by the business that holds the authority. As Natwest do not hold the authority we are unable to cancel."

I visited the website that they kindly provided and found this information, " The consumer gives their authority to the supplier that they want to pay – and the supplier then takes the regular payments direct from the consumer’s bank. In the cases we see, some consumers have run into problems when they decided to stop the ongoing payments. Often, they have not been able to make the supplier stop taking the payments – and they can’t get their bank to stop things at their end, either. Since November 2009, new rules have meant that consumers have also been able to cancel continuous payment authorities with their own bank."

 

Does the bank not read the information they are quoting? Why are they wasting both of our time by quoting incorrect information that they must know is wrong? Or, are they simply working off the same rules that were in place before 2009 and hoping that nobody checks?

 

They did however give me £30 GOGW, which was instantly taken by PayDayUK as they still havent cancelled my CPA's!!!

[nate87]

Just double checked the website and the page Natwest is quoting from is from 2010, the page i found just by searching CPA on the website is from 2012 - Do they have to enforce the "new rules" that were put in place in 2009 or if they don't yet have the facilities to cancel the CPA effectively can they just say that there was nothing that they could have done? I'm clearly going to have to take this complaint to the FOS if Natwest stick to their guns. Want to know I'm right beforehand.

[renegadeimp]

They arent "rules". The payment regulations are just that. LAW. You MUST make a full complaint to the OFT, FOS and FSA with as much detail as you can and copies of those emails/letters.

[nate87]

I was planning on calling them tomorrow when I'm out of work and politely directing them to the correct bl:x:lol:dy web page and see what they say. If they say that this letter is their final decision on the matter I'll take it straight to the FOS, FSA and OFT. They sent an FOS leaflet with the letter so I imagine they're pretty confident they wont be budging.

[renegadeimp]

You need to stay off the phone and get things in writing, so you have a complete paper trail to show the authorities.

[citizenB]

LudiChris, I will start a thread for you.. BRB

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?386376-On-JSA-9-Payday-Loans-Help-please

 

here you go - Ludichris - link above will take you directly to your own thread.