Carphone warehouse geeksquad

[Joannelouise1]

3 months ive been waiting for a refund for insurance i cancelled and they continued to take from my bank without permission .is there anything else i can do

[R0b]

Re: Carphone warehouse geeksquad

3 months ive been waiting for a refund for insurance i cancelled and they continued to take from my bank without permission .is there anything else i can do

Hello Joanne, could you provide some background on how this come about? Have they added it on without your consent, or did you agree to it but then cancelled?

[Joannelouise1]

Re: Carphone warehouse geeksquad

I had agreed but cancelled them after 6 months. I was then unwell and my finances were being looked after. It wasn't until I was well again before I checked all my statements from bank .

After I cancelled said agreements they were taking payments every month, almost multiple payments from my account on a weekly basis. I contacted bank they looked into my complaint but advised to get in touch with carphone warehouse which I did - and I can't believe the aggravation I keep having to deal with.

I have told them i want refund but first they was refunding me then they weren't. I then had to send proof of this email to them, which I did. They also have copies of my bank statements stating when moneys come out taken by carphone warhouse ,and my bank letters etc . Saying it takes up to 8 weeks, its been about 5 weeks now

I started a complaint with resolver and got my case file to send to whoever - they admit there are multiple errors on my account. They said it may have been when they were hacked a few yrs back. It's driving me mad trying to get it sorted tho.

[R0b]

Re: Carphone warehouse geeksquad

Was there a minimum contract for this insurance or is it on a rolling monthly basis? Do you have physical evidence from them confirming there are multiple errors on your account and possibly related to their systems being hacked?

Have you checked their terms and conditions on notice periods and how long after this should have been cancelled when you first emailed them?

If the payments are being made by direct debit then you can call the bank and reclaim it back under the Direct Debit Guarantee which protects you when payments are made in error or fraudulently. Banks cannot refuse this because and will often fob you off saying you need to contact the company to get a refund and there is no time limit on making a claim. If they do direct you to the company and refuse, make them aware that you understand your rights as to the direct debit guarantee and make a record of the time you called them and the name of the person you spoke to. You can then suggest that you will take the matter further.

Also you might wish to cancel the direct debit to prevent further payments being taken from your account.

Alternatively you could look to turn up the heat and write a letter before action with the threat of taking them to court because they are taking payments from your account without authorisation to do so and despite you giving them notice to cancel. It should not take 8 weeks for the money to be returned to you. If they don't comply within a reasonable time, e.g. 14 days then you will commence proceedings without further notice.

Don't send a letter before action if you have no intention of going down the court route.

[Joannelouise1]

Re: Carphone warehouse geeksquad

Ive done all of what you said it was monthly insurance .i cancelled all the them after 6 months but they continued to take payments up to 16 months they started from 2009 to 2014 .ive sent all my bank statements from 2009 /2014 .and the letters from my bank my email saying they did say id get a refund because they made out i was lieing .when i send emails now get no responce so may forwaed file to ombudsman .

[R0b]

Re: Carphone warehouse geeksquad

What Ombudsman have you forwarded your file to? Unless this is a regulated credit agreement or the bank has refused to refund you (which based on what you have said is not the case), then I can't see how an Ombudsman is going to have jurisdiction to hear your complaint, unless they have agreed to a specific Ombudsman to hear the dispute.

So unless there is something to the contrary, you either have to get a refund through your bank via the DD Guarantee or, bring a claim against them via court. If the bank refuses to refund you, then you will unlikely be able to go to the Financial Ombudsman because they only tend to take cases that happened in the last 6 years, though they can look beyond this in exceptional circumstances.

It might very well end up being something that you have to bring to court, how much is the amount you are claiming for? You could have both the bank and Geeksquad as defendants to the claim, as the bank is under an obligation to refund and Geeksquad have continued to take payments without authorisation. Geeksquad might argue that the claim in court is out of time because it happened over 6 years ago, but you could counter this by saying that the time for bringing a claim in fraudulent matters is when you first became aware of the matter. Or alternatively you could argue that only the payments made within the last 6 years could be recovered.

That's how I would see things but the choice is yours

[Joannelouise1]

Re: Carphone warehouse geeksquad

I thought i can ask advice from ofgem .i dont understand why i was payng for it .if u look on satements from my bank .1 example is they werevtaking payments jan2nd .then jan15th .thenjan25th .then 1st feb .thats 4 payments 1 after each other almost and that continued untill i cancelled them the last 1 they had payment of was 2014 . Monthly = £40 ish .and thats not right .i have been tryin to ge this money back but i dont know if it will be resolved .its annoying as im a single parent with a autistic teenager .i don have much n i just cant affordto leave it .thanks for your advice though

[R0b]

Re: Carphone warehouse geeksquad

Ofgem is the regulator for the gas and electricity industry, which is a completely different sector to what Geek Squad operate in, so they are never going to help you there I'm afraid. If the monthly costs are averaging £40 then that is a substantial sum of money over a 5 year period.

As I have said, you could try the bank and reclaim that amount, though given the lapse of time I would imagine that they might resist over the telephone, or perhaps go into your branch and speak with someone direct. If you can show them evidence that Geek Squad accepted your termination then they have an obligation to refund you the amount immediately.

At that point you can either send a letter before action to both parties, or you can complain to the bank and follow their complaints procedure, if they don't uphold your complain you could try the Financial Ombudsman, before you go down the more costly route.

Taking it to court will of course cost you money, how much will depend on what you are claiming, but if you need assistance drafting a letter before action, then let me know.

[Joannelouise1]

Re: Carphone warehouse geeksquad

Lol sorry i got mixed up its ofcon i think .and as i dought id be able to afford to take them to court .im just going to keep emailing and phoneing them untill they can tell me why they still took my money .in all honesty i dont think they are going to refund me i been trying since beginning of august .