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Company taking money without consent?

projectsomeprojectsome Posts: 4,478
edited October 2013 in The hub
Ok,

So I took out one of those short term loans several months ago and have so far not had any problems making payments. The contract I agreed to (digitally signed) said payment would be taken on a specific date ie the 30th.

Having checked my last statement, additional funds were taken from my account on the 10th (the dispute team at my bank says these were debited on the 5th and 6th (gave me the authorisation codes for each transaction)

Now having phoned said loan company, they're spouting censored about these payments being June and August respectivaly but due to problems with the merchants (whatever the censored that is) they're telling me my bank made the payments in June/August and are only showing up now. Which personally I think they're talking censored as the payment schedule for June is strangely not available


Now I'm pretty sure I'm right in thinking that A) They're in breach of our contract/agreement? and B) I would have a legal case for damages as my account being debited has left my account overdrawn and I'm being charged daily fees.
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Posts

  • bails87bails87 Posts: 13,317
    So you should have had payments going out on:
    30th May
    30th June
    30th July
    30th August

    But you actually had:
    30th May
    ---
    30th July
    ---
    10th September
    10th September
    ?

    If they've taken the payment late (which is what that is, the June payment was 2 and half months late, the August payment was about 2 weeks late) then I'm not sure there's anything you can do.

    If they've taken a payment 20 days early (10th Sept rather than 30th Sept) then I'd expect them to sort it out for you.

    Edit: contact your local citizens advice bureau.
    MTB/CX

    "As I said last time, it won't happen again."
  • bails87 wrote:
    So you should have had payments going out on:
    30th May
    30th June
    30th July
    30th August

    But you actually had:
    30th May
    ---
    30th July
    ---
    10th September
    10th September
    ?

    If they've taken the payment late (which is what that is, the June payment was 2 and half months late, the August payment was about 2 weeks late) then I'm not sure there's anything you can do.

    If they've taken a payment 20 days early (10th Sept rather than 30th Sept) then I'd expect them to sort it out for you.

    Edit: contact your local citizens advice bureau.

    Will be sending them a letter today regarding payments to see if everything matches up
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  • Surely your bank statement confirms how much you have paid in the months concerned and can confirm whether you have been overcharged or no - is the loan sum insignificant so you didn't notice you hadnt paid it in the missing months or did you just think oh good they forgot and are grumbling now because they havent or have you actually been over charged. If the latter get a d-lock and visit their offices, if the former apply the d-lock to your own skull and visit a&e.
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  • cooldadcooldad Posts: 32,904
    You've been wongad.
    I don't do smileys.

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  • CraigXXLCraigXXL Posts: 1,852
    They should only take payments as agreed. Any variance they wish to make, be it amount or date should be notified to you 14 days prior to the payment otherwise they are breach of the direct debit guarantee. If like Bails said you have missed a payment they should notified you of the revised payment schedule. Contact the bank in regards to a refund as it their responsibility

    http://www.financial-ombudsman.org.uk/p ... yments.htm
  • Payments came out of my bank every month, but as more than one payment to the same company it's hard to tell as such, as it's a rolling loan I can top up, needless to say I won't be doing that again
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  • projectsomeprojectsome Posts: 4,478
    Well they didn't send the statements I asked for but 3 transactions appeared from debit dispute resolutions. So all good, so far...
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  • njee20njee20 Posts: 9,613
    How is it difficult to track? Surely it's a payment to a specific party on a specific day of the month :?

    Seems you're as guilty as they are of not keeping track of it!
  • projectsomeprojectsome Posts: 4,478
    njee20 wrote:
    How is it difficult to track? Surely it's a payment to a specific party on a specific day of the month :?

    Seems you're as guilty as they are of not keeping track of it!


    I shouldn't need to keep track of it! As they have good faith that the funds will be available on set dates, I have faith that they will take payments on said date. Also several people have had the same problem with this company
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  • bails87bails87 Posts: 13,317
    I'm sure you know now, but I would suggest paying it off as quickly as possible and never using one of these loansharks/companies again.

    Also, try to keep a record of what you've borrowed when and what your repayments should be. They'll love the fact that you're unsure because it means they can muck you about.
    MTB/CX

    "As I said last time, it won't happen again."
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