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Ben Jones
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently ordered a couple of cosmetic products online from

Customer Question

I recently ordered a couple of cosmetic products online from what I thought was one company.A month later 2 separate large amounts were taken out of my account within 4 days by 2 companies with different names that I did not recognize.The bank repaid me the money for these but later told me that because of the Visa system they had been unsuccessful in reclaiming the monies so they would be taking these back.I have looked on line & it appears that several people have been scammed by this company who is frequently changing it`s name.Can you advise me of any further action that can be taken?I have received an Email from 1 of the company`s saying that as I have involved the Halifax They cannot reimburse me.I feel strongly that these people should be stopped.
Marian Webster
Submitted: 1 year ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How much have you been charged for?
Customer: replied 1 year ago.
£97.95 +£99.98
Expert:  Ben Jones replied 1 year ago.
If you give out your card details that effectively gives the other side authorisation to use it to make recurrent payments. This is dangerous because it basically allows them to charge your card whenever they believe money is owed and they do not need your permission to do so. Your initial consent is sufficient. Whilst 99% of companies will never abuse this and will only take money that is genuinely due, a small proportion use this loophole in a fraudulent manner. They often complicate matters even more by not providing any contact details which makes it very difficult to contact them to try and cancel the payments. However, you are able to stop such continuous payments by contacting your bank, advising them you are withdrawing your authority and making a formal request for them to terminate these payments. This should hopefully resolve the ongoing issue of the payments being taken. In relation to payments already taken, the bank may be able to issue a chargeback notice and try to claw this money back, but if that is not possible then you are only left with the option of taking legal action against the company that took the payments. Considering the amounts concerned this would be taken to the small claims court but in the circumstances it may be best to write it off as you will be spending more on issuing and pursuing the claim. Of course if you want to do that there is nothing stopping you. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to at least try and communicate with the company before going to court, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
I never gave them my permission to take further payment & there was nothing on the site that led me to even believe they would do so
Expert:  Ben Jones replied 1 year ago.
Giving them your card details to take initial payments amounts to such a permission
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45377
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Fraud Examiner Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. If you want to take it further, then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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