If i put in a claim for fraud, will i get my money back?

[mizzchelsie]

i had a direct debit set up with fitness first, they told me that it would come out on the 15th of every month but i later found out that it would come out on the 1st, someone at fitness first advised me to cancel the direct debit from my end therefore would cancel it at their end! so i did! a few days later some money went from my bank account so i rang the bank to see where it had gone, they told me that it was out standin, like when u pay with ur card or over the internet but there wasnt much they could do untill it had actually come out, but with the amount it was for, i knew it was fitness first! so i rang them and they told me that aslong as they had the long number on my card then they could take it out whenever, but they shouldn't hold my bank details, should they? my bank advised me to put in a claim for fraud but will i get my money back? thanks

[muttley_the_]

if you have cancelled a direct debit but it is already in the system and goes through then you can claim it back under the direct debit guarentee scheme i think, although they will not cover any bank charges you may have incurred.

[mizzchelsie]

thanks, the bank told me not to worry about bank charges? maybe they'll claim them back off the otherside??

[mike84]

If the payment was already in the system and being processed before you cancelled the direct debit it will go through. If you cancel it online you get a warning about this (well you do on my online banking). If I remember correctly it says something about if the payment is due within 48hrs it may still be paid.

 

I doubt you will need to claim for fraud, surely if you call fitness first and explain the situation and the advice you received from them they will just refund you the money. It's £15 quid it shouldn't really break the bank for them.

[cgksheff]

Have a read of the Direct Debit Guarantee and tell your bank to refund you in full.

 

http://www.thesmartwaytopay.co.uk/family-life/direct-debit-guarantee.asp

[mizzchelsie]

the direct debit was cancelled, days before it was due to come out. about 1 week later some money was outstandin so i rang the bank and they told me how much it was for and i knew straight away what it was! i rang up fitness first and they told me that aslong as they had my long card number that they could take it out whenever, but that means they held my bank details which they shouldnt, thats why im puttin a claim in for fraud

[Northrend]

Yes you will but you have to send a form to the bank within 28 days or they will re debit you.

 

I had this with mybank a few weeks ago and they were brill.

[BananaSplit]

The long number across the middle of your card isn't what you would need to set up a direct debit.

 

Sounds to me that they've got your card number and are going to process the transaction every month, so you won't be covered by the Direct Debit guarantee I don't think.

[LumoColor]

I had this issue with a bank a couple of years ago.

 

Instruct your bank that they are using the details without your authorisation (i.e. Fraud).

 

Insist they cancel your card and replace it with a new one as the card number and cvc (security num on back) have been compromised.

 

Write to the company doing the transaction and inform them they are storing details that you do not wish them to have (your card number) and that they should remove it under the data protection act.

 

Credit cards can be used for rolling transactions, these operate like direct debit and they cannot be stopped unless the company doing the transaction stops them – sometimes EVEN AFTER THE CARD HAS BEEN CANCELLED!

[The Chavs]

If anyone has a direct debit taken that shouldnt be ask the bank to do an "indemnity claim". The customer is always right on the direct debit guarantee so all you have to say is that you cancelled the direct debit with the company, on a date before the payment was taken (you dont have to prove you have done this, your word is enough!).

 

The bank will recredit your account and if bank charges have been incurred then these should be recredited aswell as the account will be back to the state it was before the debit was taken. Banks should not get stroppy about this - just ask them to do an indemnity claim and they should do it.

 

Under the indemnity claim the bank then approaches the company and they get the money back from them. Companies cannot refuse to pay back the money to the bank under the rules of the BACS scheme. If the company still think you owe them money then they have to approach you seperately.

 

Interstingly, you can tell the company you cancelled the direct debit with the bank and you can tell the bank you cancelled the direct debit with the company. There is no time limit for indemnity claims (or there wasnt when I used to deal with these and we once had an indemnity claim for 6 years worth of monthly direct debits). Some companies/bank call people bluff by saying things like "you have to cancel it with the bank and with the company so we cant do anything" but you dont. Its common sense to cancel with both but it not a requirement.