Payday Express took payment today, even after cancelling CPA - Lloyds won't refund str8 away

[Jimmy Jangle]

I cancelled the CPA that Payday Express had with me, as I'm entering into negotiations regarding repaying my debts on my terms. This was done in the Chester branch of Lloyds Bank over the phone on the 9th November, the payment was due on the 28th - I also notified PDX to advise of this.

 

Roll on this morning, where we had some benefits paid in, but almost immediately, £102.01 was taken by them!! I got on the phone to Lloyds Debit Card Disputes, who, while acknowledging that I had cancelled the CPA in due time, they wouldn't be able to refund the money immediately as they have to wait for it to clear; even the manager I requested to speak to reiterated this.

 

In my anger, I sent the following email to Antonio Osoria, CEO of Lloyds Bank:

 

"Mr Osorio,

 

I am writing this e-mail to express my disgust at the way I have been treated in regards to your organisation failing to adhere to the Payment Services Regulations 2009, specifically regulation 61 that states:

 

"61. Subject to regulations 59 and 60, where an executed payment transaction was not authorised in accordance with regulation 55, the payment service provider must immediately— (a)refund the amount of the unauthorised payment transaction to the payer; and

(b)where applicable, restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place."

I cancelled a number of continuous payment authorities on the 9th November over the telephone from the Chester branch of Lloyds TSB, and I was assured that no attempted transactions would be honoured.

Today I received a payment of xxx in child benefit, which was immediately debited with a sum of £102.01 from a company via one of the CPAs that I had cancelled nearly a month prior.

Upon discussing this with your debit card disputes department, I was frankly disgusted to find that, despite the above regulations, your company will not refund the funds as required under the aforementioned legislation until "the payment has cleared".

I wish to know, exactly why your organisation feels that it can ignore UK law when it is my right to have the funds returned immediately, as I require that money in order to buy food for my family.

If I do not have a resolution on this matter by close of business today, I will seek to take this matter with the relevant bodies, including but not limited to, the Financial Conduct Authority and the Financial Ombudsman, I will also seek recompense for the time I was kept on hold by your call centre staff.

You may contact me on xxxxxxxxxx or via e-mail reply.

 

I await your reply,

Jimmy Jangle"

 

Can anyone advise anything else? Any similar (and successful) experiences with Lloyds?

 

(Just to be clearer, I've moved virtually all my banking across to Natwest, just didn't catch this benefit payment in time, and was hoping to get in before PDX did, on the off chance they wouldn't take heed of my cancellation)

 

Thanks all

[renegadeimp]

Get a complaint going using bcobs and get a full complaint to the fca. The bank is breaking the law. If the cpa was cancelled the transaction wouldnt have even been allowed.

[Jimmy Jangle]

Should I call the FCA? Looking on their website seems to refer me to the FOS, which probably won't be much use at this early a stage....

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/showthread.php?395493-Been-refused-cpa-cancellation-since-nov-2009-Go-get-your-money-back-now!!