Payment Taken By Newlyn Without Consent

[flip2000b]

Hi Guys,

I had an overdue council tax payment that was due to be paid but I refused to do so until I got a full breakdown of fees and what was owed etc. Whilst waiting for this letter (just before Christmas) I said that as a good will gesture I would pay half of what I was told was due on the condition that I would pay the other half once I had everything in writing. This was done to stop any bailiff attending etc and had no formal date set for when the second half would be paid.

That was all fine and that payment went through. I then went to check my bank account yesterday and noticed that I was about £100 short in my account. Upon phoning my bank they have confirmed that it was taken by Newlyn. This was done without my consent and also of concern to me is that someone has stored the CVV number of my card, which I understand to be illegal?

Now I have no problem with paying the sum as I know it is needed and normally I wouldn't worry about it as it was needed to be done, but as this is a bailiff who are possibly doing something illegal and also the fact that I can happen to afford it currently may not be the case for someone else. Where do I stand on taking this further, as surely they are no longer PCI compliant.

I look forward to hearing some responses!

Thanks
Phil

[ploddertom]

Re: Payment Taken By Newlyn Without Consent

Have you asked them why?

[bluebottle]

Re: Payment Taken By Newlyn Without Consent

How many payments have Newlyns taken in total and are these separate payments?

[flip2000b]

Re: Payment Taken By Newlyn Without Consent

Hi,

With the hew year I haven't been able to contact them yet and.then wanted to get the facts before I did.

Original debt was 680, I paid 340 in November and asked for a receipt and breakdown of fees, which never came. I then spoke to them about excess fees and got 380 debt down to 195, then paid half which they took before Xmas as show of goodwill whilst I waited for breakdown of fees in post. They then took final payment 31st December without my knowledge or authority.

So to be clear, three payments taken, 2 with my knowledge and one without.

Hope that clears any questions.

Thanks
Phil

[bluebottle]

Re: Payment Taken By Newlyn Without Consent

Hi,

With the hew year I haven't been able to contact them yet and.then wanted to get the facts before I did.

Original debt was 680, I paid 340 in November and asked for a receipt and breakdown of fees, which never came.

I then spoke to them about excess fees and got 380 debt down to 195, then paid half which they took before Xmas as show of goodwill whilst I waited for breakdown of fees in post. They then took final payment 31st December without my knowledge or authority.

So to be clear, three payments taken, 2 with my knowledge and one without.

Hope that clears any questions.

Thanks
Phil

Did you communicate with them by email, letter or telephone? If email or letter, have you specifically and expressly told them you are making no further payments until a breakdown of fees is received? If so, this would establish negative consent to the transaction.

Have you incurred any bank charges, other expenses or losses as a result of Newlyns' actions? If so, how much is involved?

Have you contacted the local authority involved and lodged a formal complaint about Newlyns?

It is possible that Newlyns have committed an offence by storing the CVV from your debit card without authority and then helped themselves to money from your bank account, again, without authority. It is no good them insisting the money was owed. If they had no authority to take the money, they had no authority to process the transaction. End of story.

Your bank has been forthcoming with information about the transaction and it might be a good idea to liaise with them as regards the unauthorised nature of the transaction. They may be able to offer assistance or advice.

Have you spoken to the Information Commissioner's Office (ICO) about the unauthorised storage of the CVV? Although I am not 100% certain, but I would have thought the ICO is likely to eat Newlyns alive over this.

[bizzybob]

Re: Payment Taken By Newlyn Without Consent

Did you "arrange" this over the phone or in writing, hopefully if phone you recorded the call. Screwlyn are notorious for flouting the law, so even if it was verbal they should not have stored the |CVV in any event.

[bluebottle]

Re: Payment Taken By Newlyn Without Consent

Did you "arrange" this over the phone or in writing, hopefully if phone you recorded the call. Screwlyn are notorious for flouting the law, so even if it was verbal they should not have stored the |CVV in any event.

If Newlyns know they had no authority, BB, they are stuffed. My suspicion is that no end of excuses is going to get them out of this one.