How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 10 months 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 10 months 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 10 months 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 10 months ago.
Ok I understand. Are you in a contract with the retailer, for example 12 monthly payments ?
Customer: replied 10 months 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 10 months 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 10 months 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 10 months ago.
You should cancel your card payments and any direct debits.The bank can STOP them taking itDoes that help?Alex
Customer: replied 10 months 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 10 months ago.
I should add that I once changed my card number but payments continued automatically under the new card number.
Expert:  Ash replied 10 months ago.
Only with a Court order. You can take them to Court to stopDoes that clarify?Alex
Customer: replied 10 months 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 10 months ago.
Yes I agree its unsatisfactory - but sadly I can only tell you what the law is.Can I clarify anything else?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions