16yr old minor, moped insurance, unauthorised cpa

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Des8 bluebottle any chance I can forward the letter via private message to you to have a quick look over to make sure I'm doing it right before sending? I've found the directing managers email so opting to send to him direct.

[des8]

Re: 16yr old minor, moped insurance, unauthorised cpa

When I spoke to the staff at the bank they seemed pretty clued up with the CPA system. I made the initial payment over the phone when I took the policy using my debit card as payment. They then set up a direct debit payment from there on in. When I made the adjustment (third payment) again that was over the phone using my card to start that and they adjusted my direct debit. When I cancelled the policy I used my online banking and stopped the direct debit.

When I rang the bank today to ensure they put a stop to CPA they informed me that onesure hadn't used a CPA. They had just done a transaction (like I had phoned them) meaning they had stored my 3digit code on the back of my card also.

If that was the case I think that Onesure have stored your personal data without authority and the subsequent use of your card
is illegal.
I'm trying to find the exact regulations that have been transgressed, but as my own computer has broken down irretrievably I only have limited access to internet.
If others are reading this thread they may line to comment.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

That's my thoughts too. I understand if it was a CPA they have rights to take but as they've used my card as a customer not present transaction without my permission surely it's fraud. I didn't think company's were allowed to store the 3digit pin off the back of card, but to have done this transaction you would of needed it.

[des8]

Re: 16yr old minor, moped insurance, unauthorised cpa

Here's the FCA on unauthorised payments:
http://www.fca.org.uk/consumers/fina...rised-payments

Particularly interestimg paragraph
"Your bank may ask you to answer some questions and fill out a form confirming what has happened, but it cannot delay your refund while it waits for you to return the form."

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Ah interesting. The bank told me they would need to investigate due to me having dealings already with the insurer. And that it could take up to 45 days for me to get my money back with the knowledge that if the investigation was on the insurers side they would retake the money back out. There sending me documents in the post to sign to start the investigation.

if it's proven it's an illegal transaction, what would be by next step with them?

[leclerc]

Re: 16yr old minor, moped insurance, unauthorised cpa

I'm a bit old fashioned here but the Payment services regulations clearly kick in since the OP did not give any form of written/verbal or otherwise to take the money and that cancellation of the DD is proof of the intention. In terms of the bank, I differ from other people cos I'd ring the bank(if you a smartphone then you can download an app to record the conversation, ie InCall Recorder) or otherwise take the name of the person you spoke to. The withdrawal of the money is Fraud since no permission was given to the company to withdraw money from the card and whilst last year was authorised, this year's was not.
Only if the bank are argumentative about an immediate refund would I then go to email their CEO. If the insurance company have been informed that the insurance is cancelled either after changing insurance company then I'd go straight to the CEO of the insurance company(I would add that I wouldn't need a receipt cos executive office complaints WILL be responded within roughly 48 hours of writing to them).

[leclerc]

Re: 16yr old minor, moped insurance, unauthorised cpa

I'd also add that you cannot make a contract with a 16 year old since it would be deemed invalid

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Thank you leclerc,

Do you have any acts or laws I can read into regarding the fact they have illegally taken funds knowingly twice from my account?

I have to admit I'm fuming with them, I want them to pay for this blatant disregard of theft. As a company they should not be allowed to get away with this.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Just called the bank again to confirm how exactly was the payment taken and they have confirmed that they have done a customer not present transaction using my 3digit security code. And they confirmed storing the 3digit security code is indeed illegal.

With this in mind how do I go about this? I now want to sue them for the illegal taking of my money. Any help deeply appreciated

[leclerc]

Re: 16yr old minor, moped insurance, unauthorised cpa

Have the bank started a fraud case? If not then they need to do so on the basis that the company have taken funds from your card without your permission. They had permission last year but the manner that they have taken is.

http://www.legislation.gov.uk/uksi/2...lation/55/made

I need to ask one question, did you ring up and cancel the policy prior to them taking a payment out on the card?

The other thing that I would add is that when the DD is cancelled, the company are informed that it was cancelled by the customer so therefore they should have your consent to withdraw funds from a card.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Hi leclerc,

the bank is starting an investigation, but I made clear to them they had no permission whatsoever from me to withdraw funds. I did tell them what I've told you guys on here. But I think because I started policy with card and subsequently had a d/d set up with them, there going down that route and not the fraud route. Or is an investigation the same as fraud?

I emailed to cancel the policy in April they cancelled in May (due to me cancelling and not my son) and payments taken from my card 16th and 27th of this month

[leclerc]

Re: 16yr old minor, moped insurance, unauthorised cpa

Hi leclerc,

the bank is starting an investigation, but I made clear to them they had no permission whatsoever from me to withdraw funds. I did tell them what I've told you guys on here. But I think because I started policy with card and subsequently had a d/d set up with them, there going down that route and not the fraud route. Or is an investigation the same as fraud?

I emailed to cancel the policy in April they cancelled in May (due to me cancelling and not my son) and payments taken from my card 16th and 27th of this month

They need to refund you IMMEDIATELY(or tomorrow realistically) as the PSR's make clear.

http://www.legislation.gov.uk/uksi/2...lation/61/made

Have a read: http://www.legislation.gov.uk/uksi/2.../contents/made

Section 55 onwards is worth a read. The bank must authorise a refund on the basis that the provider used stored details from your card to take the payment without permission, and furthermore the cancellation of the direct debit in itself should be proof of the fact that your intention was not to pay any further monies to the provider.

The other company have to prove to the bank that they had your consent to debit the account and clearly they do not.

[leclerc]

Re: 16yr old minor, moped insurance, unauthorised cpa

When have the bank said that it is willing to refund you the money?

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

They said it can take up to 45 days but I checked my account and they've refunded the £8.85 just not the £110 as of yet.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Can I sue onesure for illegal transaction?