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

[ap123]

apparently you may have signed an aggreement that says if your direct debit has been stopped they can still take payment using your card details. you need to check your contract that you signed for this clause. if it is there you dont have a leg to stand on, your best bet is to get a new card with new details but youve no chance to get your money back.

[BananaSplit]

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.

 

Not according to my bank.

 

I had this before whereby I had cancelled the DD with the company, but not my bank.

 

My bank told me you HAVE to cancel with them too. Simply cancelling with the company (in my case, car insurance) isn't enough.

[Guest]

The direct debit guarantee means you can stop/cancel a direct debit at any time, and claim a direct debit indemnity, if the direct debit has gone out in error.

 

Sounds to me like you cancelled it, but they held your card details as a back up for payment. Check your contract, you should have a copy of it from when you signed.

Failing that, I would request to speak with the manager.

[matssundin13]

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!

 

Not quite, as the OP has provided her card details to the company in question, otherwise, where did they get them from?

 

What's a cvc number, do you mean a CVV number?

 

To the OP, speak with your bank - if the money is 'sat in holding' (i.e. is showing in your account, but isn't available) then it's a card purchase. When direct debits are cancelled, they need to be cancelled at both ends - e.g. the bank AND the company.

 

Never give your card details in favour of a direct debit - some companies like to do this, as they can then take the amount and not abide by the direct debit guarantee, as they are not requesting a direct debit! It's nigh on impossible getting these sorts of payments stopped. I've seen it sometimes, where replacing the card hasn't prevented payment. Cancel your card and request a new one, but be wary, depending on who you bank with, you may need new e-banking log on details, pin numbers, telephone banking numbers and obviously you will have to change your card details with your legitimate business associates.