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Original poster

Money taken out of my account without my consent

69 replies

Yalta · 27/04/2024 08:14

2 weeks ago a relative was moving house and had hired a van for the 2 day house move. During the 2nd day she realised she wasn’t going to be able to do everything in time and to help her out I gave her my debit card to pay for the extra day of van hire.
She telephoned the company and used my card to make the payment.

Going to pay my credit card bill today and found all my money gone. The van hire company have charged me for what looks like a further 2 days of van hire.

Am I right in thinking that they must have held onto my debit card details without my consent. (My name was never on any paperwork regarding this van hire so I was never asked permission to keep my details on file)

Completely pissed off as this has taken me into an unauthorised over draft which knowing my bank it will still cost me a fine for going into overdraft whether the payment was something I authorised or not. Plus if I can’t get my bank to refund straight away I could end up with a non payment notice on my credit file for the payment I couldn’t make to my credit card. Am about to apply for a mortgage and have worked hard to maintain a completely spotless credit file.

Is this a breach of GDPR or is it fraud. I know for a fact that relative paid the first 2 days hire (otherwise she wouldn’t have been able to get the van) and I paid the 3rd day and the van was left to be picked up and the keys left in a safe place.

Friend moved out of the area so I know she didn’t go back to use the van for whatever reason.

OP posts:
QueSyrahSyrah · 27/04/2024 08:19

Well it could be option 3 or 4, a mistake or a security deposit that your relative hasn't mentioned (last time I hired a car they held €700 on my credit card until a few days after we'd returned in) but you won't know until you speak to the van hire company about it.

bows101 · 27/04/2024 08:21

Van hire was more expensive than you thought? Or due to the time she used it used more? Or more likely she hadn't paid for it in the beginning and all the days were taken out of your card.
Can you ask her? As you /her gave the card details, it wouldn't be fraud or GPDR. Your relative should have been given a receipt or
Invoice. Ask her to see it.

DelilahBucket · 27/04/2024 08:23

It's neither a GDPR breach or fraud. You gave your card to someone else to use, you'll be lucky if the bank refunds the money as it will be against the terms and conditions. Speak to the relative as they made the agreement.

dementedpixie · 27/04/2024 08:26

I'm guessing the company took the 2nd card number as being the number to charge the full amount to. Was there more than one payment or was it a single amount charged for the 3 days?. Contact the relative to clarify and get the money back from them rather than the company.

Pearsplums · 27/04/2024 08:27

I think you need to pursue your relative for the costs. She might have some recourse with the van hire company, but that will depend on the circumstances.

Given that you willingly provided her with your debit card details I don’t think you have much to go on from a legal perspective. If you had provided the details to the hire company then you would presumably had sight of and agreed a contract with them. As it is, she entered into the contract with them using your money, so her recourse is to them, and yours is to her.

shoppingshamed · 27/04/2024 08:28

I'm not sure that saying you didn't give your consent will get you very far when you have your details to someone else

You don't know what's happened yet, you need to speak to both the van company and the relative

Keepingthingsinteresting · 27/04/2024 08:32

It wasn’t NVR was it, they are awful for this sort of behaviour.

You need to speak to the rentalco and your relative, but I suspect they had your details on file and if there was damage/late fees charged it (perhaps the other one didn’t work). The problem is going to be you have your card details to a relative which will be in breach of your t&cs with the bank, so ask for help by querying the transaction but don’t hold your breath.

Too late now but always best to use a Credit card for this sort of thing as you can do a claim back more easily if needed.

Anameisaname · 27/04/2024 08:36

Unfortunately she telephoned and so you don't know what arrangements were made. It sounds like they've taken the full amount from the alternative card provided so switched the card on file rather than just the extra day.
It's is not without consent because you didn't call and make the arrangements to pay and how much etc so effectively you.just consented to whatever she agreed to. GDPR is also irrelevant as they don't store the card details in a readable format so not sure what you would invoke here. They haven't inappropriately used your details as the card details were legitimately given so no fraud here. It may also relate to damages or some other charge - only the relative can work this out

You need to speak to your relative and get her to urgently bail you out whilst she sorts out the situation.

Original poster
Yalta · 27/04/2024 08:37

Relative definitely paid as I was just sent the email receipt to say all was paid

It showed that she hired it for 3 days and she paid for 2 days and an extra days extension which came out of my bank account 2 weeks ago
Van hire company have also returned her deposit.

The issue is why they had my debit card details 2 weeks after it was used.

I don’t know how I was supposed to have sight of an agreement as it was done over the phone in my presence.

OP posts:
Coolblur · 27/04/2024 08:38

Why didn't she have the money or means to pay for the extra day? I suspect you've paid for the whole hire because she couldn't, and made up some excuse to use your card. Maybe two days is the minimum hire period but she 'forgot' to tell you. Or it's a genuine error by the company I doubt it.
Either way, your beef is with your relative who needs to explain or take it up with the van hire company.
You won't get any money back from the bank, especially as you let someone else use your card and have no contract with the hire company.

Original poster
Yalta · 27/04/2024 08:40

I do know the amount for that one extra day as it came out of my bank account as expected 2 weeks ago.

OP posts:
dementedpixie · 27/04/2024 08:40

How many transactions have come out your account?

Anameisaname · 27/04/2024 08:42

OK right so sounds like you paid for the 1 day and now there's a subsequent charge ?
If that is the case it sounds like damages, she needs to call them ASAP and determine what the charge is for.

Ihavenoideawhereitis · 27/04/2024 08:43

Rental companys normally keep details in case any charges such as fines or damage come in after the hire is finished so that they can recoup the costs. It will be in the t&cs and is pretty standard. However, your relative should have been made aware in advance that there were additional costs incurred.

Original poster
Yalta · 27/04/2024 08:45

Coolblur · 27/04/2024 08:38

Why didn't she have the money or means to pay for the extra day? I suspect you've paid for the whole hire because she couldn't, and made up some excuse to use your card. Maybe two days is the minimum hire period but she 'forgot' to tell you. Or it's a genuine error by the company I doubt it.
Either way, your beef is with your relative who needs to explain or take it up with the van hire company.
You won't get any money back from the bank, especially as you let someone else use your card and have no contract with the hire company.

As it stands it looks like relative paid for 2 days hire and so far i have paid for 3 days and there is nothing to stop this company from milking my bank account for more and more when ever they feel like it.

This was all done 2 weeks ago so why are they still using my card

OP posts:
Original poster
Yalta · 27/04/2024 08:49

GDPR is also irrelevant as they don't store the card details in a readable format so not sure what you would invoke here

Well that’s what is supposed to happen

OP posts:
dementedpixie · 27/04/2024 08:50

You arent answering my questions
How many transactions have come out your account?
Have you spoken to your relative about payments that have come out their account?

Original poster
Yalta · 27/04/2024 08:51

Ihavenoideawhereitis · 27/04/2024 08:43

Rental companys normally keep details in case any charges such as fines or damage come in after the hire is finished so that they can recoup the costs. It will be in the t&cs and is pretty standard. However, your relative should have been made aware in advance that there were additional costs incurred.

No damage on the van as we took pictures before and after. Plus her deposit was returned 2 weeks ago as no damage or other issues were found

OP posts:
Anameisaname · 27/04/2024 08:51

Yalta · 27/04/2024 08:49

GDPR is also irrelevant as they don't store the card details in a readable format so not sure what you would invoke here

Well that’s what is supposed to happen

Not sure what you mean "supposed to happen". GDPR just means you can't use the details for a different purpose etc.
The card details are encrypted so the company themselves don't "see" your actual card numbers. It was provided by the hirer (your relative) over the phone and so was a legitimate transaction. It is not clear as it was a phone conversation whether it was then used to replace the card details that were originally held on file (your relative's card). So the company may have been perfectly lawful but we don't know because it was on the phone and you didn't do the call

Anameisaname · 27/04/2024 08:53

Your relative needs to constantly the hire company ASAP to determine what the charge is in relation to

MolkosTeenageAngst · 27/04/2024 08:54

Have you contacted the van company and disputed the payment? I expect you’ll get more answers from them about the situation than from Mumsnet!

Original poster
Yalta · 27/04/2024 08:55

dementedpixie · 27/04/2024 08:50

You arent answering my questions
How many transactions have come out your account?
Have you spoken to your relative about payments that have come out their account?

2 transactions

The first 2 weeks ago for the 1 day of van hire and then this morning for double the amount which I am not resuming is 2 days of van hire

Relative has 1 transaction for the 2 days of van hire and a hold was put on her card for the deposit which was subsequently removed.

OP posts:
Original poster
Yalta · 27/04/2024 08:57

I am not resuming… I am presuming

OP posts:
arethereanyleftatall · 27/04/2024 08:59

'Hi Hire company, could you explain why you've taken £x out of my account on x day?' Might be a good place to start.

BluntPoet · 27/04/2024 08:59

I’m not legally qualified but if you voluntarily gave your card to someone else, I doubt the bank will be sympathetic.

Volenti non fit injuria etc

I think your friend/relative needs to sort it out. To me it looks like they charged the whole booking on your card. Whether they were told to do so by your friend/relative or just assumed the whole payment should be taken from this card, who knows.