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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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There. Been having a problem with my bank. Noticed last

Resolved Question:

Hi there. Been having a problem with my bank. Noticed last week that GOOGLE have been taking small payments (never more than £6.99) out of my hubby's account and that PayPal are taking £9.99 out each month but not showing up on hubby or my accounts. Checked records and we can't think of anything GOOGLE we've opted to pay for ever. Noticed as well that the payments are being applied to a debit card he hasn't used in a year and it was cancelled over a week before the first payment was taken. Talked to bank who agreed to refund the payments and would chase GOOGLE to recover the monies from them. Then this morning noticed there's 3 payments pending to GOOGLE - £499, £6.99 and £6.99. Spoke to the bank who advised that when clears through (can take a week) they can look into a refund (can take another week) and that they can't block them as don't work with themcompany. They also said that this company can take from old card if given the details before card cancelled.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Unfortunately what the bank have told you is essentially correct. Although it is not possible to debit new payments on a council card, if one sets up something known as a continuous payment authority on credit or debit card, which is a type of arrangement establish when you give the company your card details in order for them to debit a monthly subscription for example, then even if this card is subsequently cancelled, the company is able to continue to debit funds under the continuous payment authority. This is an arrangement has been often criticised and various suggestions proposed for reform but to date nothing has been done. However, if the funds have not been authorised, your husband is entitled to a full refund which I note the bank is processing for him. The bank should and I believe from what you say are, contacting the company is debiting funds under the CPA and the bank will ask them for evidence of the authority for debiting the funds from the card and will put this evidence to you once received for your comment before making a final decision in respect of the refunds. The bank will normally make interim refunds to your account pending the outcome of their investigation. The bank will also ask the company to cease further debits under the CPA so further debits should not take place for very much longer. If the company continues to debit amounts without authority they can face sanction by the merchant acquirer who processes the amount for them. Until the debits stop (which is about should not take very long), unfortunately it is a case of asking the bank to chargeback the amounts to the account as you have done. As part of the process, any overdrawn charges for other bank fees that may be incurred as well as lost interest will also be refunded or made good. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
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