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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Banking law Is it legal retailer to continue taking

Resolved Question:

Banking law Is it legal for a retailer to continue taking money from a customer's account when no standing order or direct debit has been set up and the customer must ask the retailer to stop helping themselves to the customer's money?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
I am waiting for an answer to my original question, and I am a bit confused by these offers of extra services at extra cost. My question was so simple and general that I don't see any need to give extra information about it.
Expert:  Ash replied 1 year ago.
I need to know the background to your question so that I understand it and can give you the correct advice. Otherwise it might be wrong.
Customer: replied 1 year ago.
I am referring to the system whereby you pay a on online retailer for some goods or services and you agree that they can continue to take the payments on a regular basis, and they will stop if you ask them. I once had a retailer who did not stop taking the payments for some reason. I asked the bank to stop the payments and I was told that it was a matter between the retailer and myself.This seems fundamentally wrong. The payments are essentially the same as direct debits, except that I can stop direct debits any time through online banking. It seems that the bank was just saying that they couldn't be bothered to to stop the payments and left it to me to contact the retailer. If there is some law I can quote to compel the bank to stop the payments, or to provide the means for me to do so myself, that would be ideal.
Expert:  Ash replied 1 year ago.
Ok I understand. Are you in a contract with the retailer, for example 12 monthly payments ?
Customer: replied 1 year ago.
I am not in a contract at all just now, but I have had trouble with this in the past and I am not going to enter into any more contracts until I can get this matter cleared up. In any case, I am asking about what the law says in these cases so I don't see what my present circumstances have to do with it..
Expert:  Ash replied 1 year ago.
Ok - then yes this is illegal. If you are saying that you did not have a contract and then they kept taking payments notwithstanding you had told them to stop - then yes the retailer cant keep payment You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
That's very nice, and good to know, but it doesn't quite answer my question. My question was about stopping further payments by the bank, payments which I have no means of stopping at present. I should be able to write to the bank and get them to stop further payments or use online banking to do so.. If they won't, can I sue them in the County Court as well?
Expert:  Ash replied 1 year ago.
You should cancel your card payments and any direct debits.The bank can STOP them taking itDoes that help?Alex
Customer: replied 1 year ago.
No - the bank will say (and did once) that I should get the retailer to stop taking the payments but they (the bank) will not do so.
I repeat my question: is there some way I can compel the bank to stop the payments or take them to court if they don't do so?
Customer: replied 1 year ago.
I should add that I once changed my card number but payments continued automatically under the new card number.
Expert:  Ash replied 1 year ago.
Only with a Court order. You can take them to Court to stopDoes that clarify?Alex
Customer: replied 1 year ago.
OK I suppose that will have to do. I think it's a fundamentally unsatisfactory situation but no-one else seems bothered by it so I will have to give up. You can consider the matter concluded, thanks.
Expert:  Ash replied 1 year ago.
Yes I agree its unsatisfactory - but sadly I can only tell you what the law is.Can I clarify anything else?Alex
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