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Joshua, Lawyer
Category: Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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This case is continuing. I would like to call on your help

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HI Joshua, this case is continuing. I would like to call on your help again please.

Hello  again and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

how may I assist with this matter further please?

Do you have any further information in respect of the above please?

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if charges have been debited from your account by direct debit rather than via your debit card you can make a claim under the banking code's direct debit guarantee. this is a code of practice operated by the BACS payment scheme which banks subscribe to and enables you to make a claim against the bank for a refund of any direct debit which is charged incorrectly due to error or fraud. Your bank is responsible for administering the claim and it is begun by contacting the bank's customer services or fraud team to request a direct debit guarantee claim.

If you are not satisfied with the way in which the bank response to your request, you can raise a formal complaint which triggers an eight week timetable for the bank to respond to you. If you remain unsatisfied on the earlier of the bank's full response or eight weeks, whichever is the sooner, you can escalate the complaint to the financial ombudsman:

Customer: replied 13 days ago.
Hi Joshua, sorry for the delay in responding. It isn't a short answer and so I needed a decent chunk of time available to come back to you. As a re-cap:
- I am PA to Hayley Dawes who has neen subject to 3 instances of fraud in August 2021
- She first became aware of it when money was debited via Paypal from her RBS bank account
- She traced this back to 3 tranactions on FarFetch for high value goods
- There were 3 separate transactions over 3-4 days totalling GBP18,516 - snips are attached
- The transactions were purchases made fraudulently in FarFetch, where she has an account, linking to Paypal for payment
- We can prove that at the time of the 1st transaction Hayley was en route to the airport to fly to Greece on holiday and at the time of the other 2 of the 3 transactions she was in Greece (I have boarding passes)
- The items purchased were high value accessories for a male
- She and I have been in touch with RBS, PayPal and FarFetch about the matter on countless occasions
- RBS and PayPal defer to FarFetch, refusing to take any action or responsibility - we have tried to call in Hayely's rights undner the Direct Debit guaratee but it goes nowhere
- after a long period of time we have been able to engage someone at FaFetch in a dialogue - Jose Rodrigues
- I have pasted an email thread with our correspondence into a word document and attached it here - it obviously reads bottom up- FarFetch claim that she made the purchases herself, despite having made a ‘proof of billing’ check that does not match Hayley’s details
- We have reached an impasse and need to increase the pressure on them at this point
- I think the right step is to send a Subject Access Request. I have drafted a letter (not yet sent) which is attached
- Specifically I wanted to ask you:
1.) Is this the best next step?
2.) Is there any legal language I can add to the letter to give it more impact?
3.) Assuming the outcome is that they do not provide any, or they only provide some of the information we are asking for, what is the next step thereafter? It would be good to be able to plan forward and know where we are going with this.
I am looking for your advice please! (Is there another way to communicate other than via the site? This is an extremely awkward format to use, is slow to use etc).
Very many thanks in advance - am happy to discuss by phone once you have had a chance to digest everything. Kind regards Sue.

thank you. You mention that claims have been made under the direct debit guarantee but have not gone anywhere. Are you able to provide a little more detail on what that means precisely when you say they have not gone anywhere?

Customer: replied 13 days ago.
Hayley has a private RBS banking manager and spoke to them at length about the case as soon as she had rtreturned from her holiday August 2021. They said they really do feel she needed to raise it again with Paypal resolution on their website. I have done this - there is no response from PayPal. There is noone to call, no support, nothing from PayPal.
I completed the attached form for her, and there has been no response. The best lead with have at the moment is with FarFetch themselves.
Customer: replied 13 days ago.
When Hayley called RBS when she saw the first transaction (in a taxi en route to the airport) they told her there was nothing to worry about, and so to her mind there was no need to follow up. It wasn't until she returned and saw the other 2 transactions that she became more engaged in it. We may be able to get transcripts of the calls with RBS.

I see that direct debit claims forms have been completed. Have these been submitted and if so, what was the outcome?

Customer: replied 13 days ago.
submitted. No response.

Thank you - how long ago were they submitted?

Customer: replied 13 days ago.
October 2021. Hayley confirmed there has been no response.

Thank you. It seems to me the time is passed for informal correspondence on the point nor is it likely it seems to me that the end merchant is likely to voluntarily refund your friend - they do not have to as such and if they have not chosen to do so after so long, it seems unlikely that they will have a sudden change of heart at this point.

it seems to me that a more appropriate course of action at this point would be to raise a formal complaint with the bank which triggers a strict eight week timetable in which a response must be provided. If your friend remains unsatisfied on the earlier of therefore response or eight weeks, whichever is the sooner, the matter can be escalated to the Financial Ombudsman for independent determination which will be binding on the bank:

I hope the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 12 days ago.
Thank you and noted.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 12 days ago.
Hi Joshua, I've got a new one, completely separate case / different scenario. Is it poss to request a new question? Happy to pay etc. Not sure how to request yourself.

I would be very happy to assist with the above however. As you suggest I should be grateful if you would kindly consider raising this as a new question. if you would like me specifically to deal with it you can start the question "FOR JOSHUA ONLY" or similar. I am about to head off on the school run so if you wish me to deal with it tomorrow may be better at this point but colleagues will no doubt pick up your question if you do not make it specifically for me.

Alternatively I can send you an offer to extend the question and answer time to enable us to examine this new area of questioning if you prefer. I am grateful in anticipation of your understanding.

Customer: replied 12 days ago.
Thanks Joshua - just sent it. Tomorrow is great.
Many thanks

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