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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Please let me know what rights a person has to stop direct

Resolved Question:

Please let me know what rights a person has to stop direct debits coming from their DEBIT card
every month for 24 months after signing an agreement to receive some products (CDs) which have not even arrived in the last 3 months but for which the American company continue to take more payments every month and ignore emails asking them to stop. I'm aware that if the direct debits are from a credit card, the credit card company do block the card and investigate (which is my case) however, my friend has experienced the same but signed up with her debit card.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

She should CANCEL the card.

Alex Watts :

She can say it has been lost

Alex Watts :

The bank will then issue a new one and the direct debits should bounce

Alex Watts :

This is a common scam and several people have asked on here recently about an american company

Alex Watts :

But call the bank, say the card has been lost and they will issue a new one

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes please. The main issue once again is whether cancelling her direct debit too will be used against us in not returning the £18000 the company also owe us.

Customer:

I have cancelled my credit card and know they will investigate and I have some rights, so my understanding has been that they can't use it against me to not refund the £18000 but does my friend have the same rights with her debit card or will canceling the subscription give them a legal excuse not to refund our £18000?

Alex Watts :

No - you are not liable for each others debts.

Alex Watts :

They can not use it as an excuse.

Alex Watts :

Does that help?

Customer:

I'm not sure what you mean.The £18000 is between my friend and I - I put all the £18000 on various credit cards but that has already all been paid out - but we are each also paying a subscription each month by direct debit

Alex Watts :

Ok - but they are individual contracts?

Customer:

The direct debit each month is individual (we were each obliged to sign a 24 month contract for the elusive CDs). The £18000 is a separate one off payment between the two of us.

Customer:

I'm not sure why she should have to lie to the bank. Surely it's best to tell the truth? That's why I need to know that she has rights with her debit card too.

Alex Watts :

Rights with debit cards are hardly anything

Alex Watts :

Its the same as using cash

Alex Watts :

Credit cards the issuer is liable under the Consumer Credit Act

Alex Watts :

But to stop charges she needs to cancel the card - otherwise they can continue to charge

Alex Watts :

Does that help?

Customer:

The only reason we didn't cancel in the first place is because we need to be aware of our rights. I know she can cancel but will that be seen as her breaking the contract even though she has not received the products?

Alex Watts :

No.

Alex Watts :

If they have breached the contract you can consider it ended.

Customer:

Ok. Thank you.

Alex Watts :

I dont see why you should continue to pay when you are not getting anything

Alex Watts :

Can I clarify anything else?

Customer:

Sorry, please confirm why she would need to lie to the bank if that is the case

Alex Watts :

No, you are just asking for a new card.

Customer:

OK. So if she has a right to cancel, she can therefore tell the bank the truth of what has happened?

Alex Watts :

Yes

Customer:

I don't understand why you suggested not telling the truth in the first place?

Alex Watts :

Banks can sometimes make it hard to cancel your card.

Alex Watts :

They may be unwilling to replace it if it has not been lost

Alex Watts :

In my experience

Customer:

Ok

Alex Watts :

They don't always like it when you have a direct debit.

Alex Watts :

They have said before well you signed up, its tough

Alex Watts :

That is why

Alex Watts :

Does that clarify matters?

Customer:

Yes. Thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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