Just had a load of money taken out of my account without my permission.

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SteveUK
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by SteveUK » Tue Nov 28, 2017 7:31 pm
simon781 wrote:
SteveUK wrote:
simon781 wrote:

Sorry, not sure to be honest, it was set up in the beginning for Knightsbridge to take out every month, but that was put on hold, ive not given anyone else permission to take anything and I wasn't told or warned that anyone was going to take anything out. And even though ive phoned them yesterday and today, I'm STILL waiting for it to be returned into my account as I have nothing in there now, they have seen proof I have nothing in there now and they told me yesterday and today that it was being returned?


Sounds like a DD. Ring your bank and ask them. If they say yes tell them the company didn't have your authority to take that amount and you want a full and immediate refund as per the Direct Debit guarantee. That way the money will be in your account tonight and you can eat.

Don't let them fob you off.


Thanks, I spoke to the bank on Sunday when it was withdrawn, all the bank seemed interested in was the fact if it was fraud or not? They wanted me to phone Creditfix Monday morning, to me its blatant fraud if my IVA was on hold and money was taken without me knowing/agreeing to it, think I might use this rest period and arrange for a DRO or even bankruptcy, ive heard nothing but bad things about IVA's just recently.



The bank will say whatever they have to if it gets them out of refunding. Ask the question "Was it a direct debit" If it was tell them (not ask) that you want a refund under the direct debit guarantee.
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SteveUK
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by SteveUK » Tue Nov 28, 2017 7:37 pm
Foggy wrote:
I know you will say they were not entitled to draw the funds --- but, if the total they drew were mo more than the amount missed (i.e a couple or a few monthly installements ) it is an amount you have authorised to go out on that DD. Creditfix took control of the receiving account when they purchased the case and, so , are authorised.




Sorry Foggy I don't agree. Monthly payments were authorised at a certain level. Notwithstanding the payment break supersedes that authority they are not entitled to take more than the agreed monthly payment at the agreed time without giving the payer notice.

They may have made a genuine mistake but that is what the DD Guarantee is there for, to protect you from those types of mistake.
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Foggy
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by Foggy » Tue Nov 28, 2017 7:52 pm
SteveUK wrote:
Foggy wrote:
I know you will say they were not entitled to draw the funds --- but, if the total they drew were mo more than the amount missed (i.e a couple or a few monthly installements ) it is an amount you have authorised to go out on that DD. Creditfix took control of the receiving account when they purchased the case and, so , are authorised.




Sorry Foggy I don't agree. Monthly payments were authorised at a certain level. Notwithstanding the payment break supersedes that authority they are not entitled to take more than the agreed monthly payment at the agreed time without giving the payer notice.

They may have made a genuine mistake but that is what the DD Guarantee is there for, to protect you from those types of mistake.


Hi Steve. I am not saying there hasn't been a mistake -- indeed a catalogue of them --- which need immediate rectification --- what I am saying is that this isn't fraud as the OP contends.
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simon781
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by simon781 » Tue Nov 28, 2017 8:55 pm
Foggy wrote:
SteveUK wrote:
Foggy wrote:
I know you will say they were not entitled to draw the funds --- but, if the total they drew were mo more than the amount missed (i.e a couple or a few monthly installements ) it is an amount you have authorised to go out on that DD. Creditfix took control of the receiving account when they purchased the case and, so , are authorised.




Sorry Foggy I don't agree. Monthly payments were authorised at a certain level. Notwithstanding the payment break supersedes that authority they are not entitled to take more than the agreed monthly payment at the agreed time without giving the payer notice.

They may have made a genuine mistake but that is what the DD Guarantee is there for, to protect you from those types of mistake.


Hi Steve. I am not saying there hasn't been a mistake -- indeed a catalogue of them --- which need immediate rectification --- what I am saying is that this isn't fraud as the OP contends.


Fraud or not, either way, what they have done is take all my money out of my account, with no permission, with no warning, going against the agreement I had with Knightsbridge and left me with no money, no food, when I'm written off work with illness, struggling because ive already been ill for weeks on SSP, off sick until at least mid January, which will most likely be for a few months after also, and hey ho its nearly xmas too........... So surely there must be some way I can report the useless fuckwitts, I'm also quite sure that having a long term illness can be classed as a disability? 2 days running they have told me my money will be back into my account, 2 days running they have lied and given me sod all, apart from more stress and worry that in my condition I just do not need.
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Foggy
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by Foggy » Tue Nov 28, 2017 9:05 pm
I am afraid, Simon, that, in the insolvency world, our only recourse for complaint is to the firm involved, in the form of a formal complaint, and then you can escalate the complaint to their regulatory body ... who will do nothing to assist you, but might fine them. This would take months ! Your best bet is to do as Steve suggests and badger the bank. The threat of a complaint might make CF act.

I am getting a petition together to try to get our lack of a mediation service discussed -- but hold no illusions that things will change. See another-petition-f145-t83980
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simon781
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by simon781 » Tue Nov 28, 2017 9:22 pm
Foggy wrote:
I am afraid, Simon, that, in the insolvency world, our only recourse for complaint is to the firm involved, in the form of a formal complaint, and then you can escalate the complaint to their regulatory body ... who will do nothing to assist you, but might fine them. This would take months ! Your best bet is to do as Steve suggests and badger the bank. The threat of a complaint might make CF act.

I am getting a petition together to try to get our lack of a mediation service discussed -- but hold no illusions that things will change. See another-petition-f145-t83980


But can the bank do anything after its left my bank? They will be in for a surprise if/when they try to get anymore money out of my bank, that's for sure. Heres me thinking that IVA's were a government thing to help people with debts, what a fool.
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SteveUK
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by SteveUK » Wed Nov 29, 2017 7:51 am
simon781 wrote:
But can the bank do anything after its left my bank?



I understand that you are p'd off about this but you need to read what I wrote.

If the money was taken by direct debit your bank HAVE to refund it immediately.

That is immediately as in right now.
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Foggy
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by Foggy » Wed Nov 29, 2017 8:01 am
SteveUK wrote:
simon781 wrote:
But can the bank do anything after its left my bank?



I understand that you are p'd off about this but you need to read what I wrote.

If the money was taken by direct debit your bank HAVE to refund it immediately.

That is immediately as in right now.



Tell the bank that, if the DD guarantee isn't honoured you will refer the matter to the Financial Ombudsman for considerartion. ( It won't help in the immediate term as these things take months --- but the threat of a possible fine to the bank might make them move).
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simon781
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by simon781 » Wed Nov 29, 2017 8:40 am
SteveUK wrote:
simon781 wrote:
But can the bank do anything after its left my bank?



I understand that you are p'd off about this but you need to read what I wrote.

If the money was taken by direct debit your bank HAVE to refund it immediately.

That is immediately as in right now.


I'm pretty sure its not a DD tho, ive never set up anything with the bank for it to go out, just gave Knightsbridge my details and once a month they took it, Standing Order? Ive just checked my online statement and no, they still haven't paid it back lol, but the transaction Creditfix did when they took my money on Sunday comes up as a purchase?
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simon781
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by simon781 » Wed Nov 29, 2017 8:44 am
Foggy wrote:
SteveUK wrote:
simon781 wrote:
But can the bank do anything after its left my bank?



I understand that you are p'd off about this but you need to read what I wrote.

If the money was taken by direct debit your bank HAVE to refund it immediately.

That is immediately as in right now.



Tell the bank that, if the DD guarantee isn't honoured you will refer the matter to the Financial Ombudsman for considerartion. ( It won't help in the immediate term as these things take months --- but the threat of a possible fine to the bank might make them move).


Like ive just said I don't think its a DD, but I'm sure part of an IVA agreement/rules are that you have to have enough money left to live on, certainly to eat, so surely they are breaking the IVA rules?
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kallis3
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by kallis3 » Wed Nov 29, 2017 8:57 am
When you check your bank, does it say DD or SO next to the details? If it's an SO you can always cancel it yourself and they cannot reinstate it.
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simon781
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by simon781 » Wed Nov 29, 2017 9:03 am
kallis3 wrote:
When you check your bank, does it say DD or SO next to the details? If it's an SO you can always cancel it yourself and they cannot reinstate it.


Neither, I can search my statements online for DD/BP/SO transactions and I have non in the last year, so even Knightsbridge's payments weren't DD/SO either.
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Foggy
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by Foggy » Wed Nov 29, 2017 9:04 am
If it is showing as a purchase it could be a continuing debit card deduction which does take a while to show up when being refunded. When this is sorted I would check with the new firm and see if you can arrange to pay in future by standing order -- that way YOU control the amounts and frequency.
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simon781
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by simon781 » Wed Nov 29, 2017 9:11 am
Foggy wrote:
If it is showing as a purchase it could be a continuing debit card deduction which does take a while to show up when being refunded. When this is sorted I would check with the new firm and see if you can arrange to pay in future by standing order -- that way YOU control the amounts and frequency.


Well, I'm just about to waste my breath and phone them again to get my money so if I remember I will as them, but surely if it is classed as just a purchase then I can say I never made that purchase etc?
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SteveUK
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by SteveUK » Wed Nov 29, 2017 12:15 pm
If it is a continuous card authority payment then I would say Creditfix are on very dodgy ground. I don't see how they are transferable and I would bet a £ to a pinch of rocking horse pooh that they use a different merchant number.

Keep up the pressure on your bank, make sure they cancel the authority which they CAN* do without referring to the company that holds it and keep insisting the payment was unauthorised.

* https://www.fca.org.uk/news/news-storie ... ght-cancel
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