Money taken off cc wihtout my consent - how do I deal with this?

[saythatagain]

....to explain further:

we have a joint c/c. Dh set up an amount to be taken from this card for giganews. I (foolishly) thought that amounts (from Sept 09 to present) were being taken on the 16th of each month thereafter were to do with them also. Fast forward to lasst night when a asked dh what they were for. 'They shouldn't be taking any money'..!!!!!
Rang the cc company - because its 'attached' to this initial company (giganews) I can't just cancel it (yikes) - I have to contact them (in the states) and ask them to stop.

Can anyone confirm if this is the only thing I can do? It seems so one sided....help!!
Thanks

Anyone please?

Is it a VISA or mastercard?

When I have contested amounts taken from my cc, I have spoken to the cc company, told them the circumstances, and told them that I was contesting the amount until it could be clarified. When I paid off that month's bill I deducted the contested amount. Because it was done with their agreement, they did not charge me interest on the outstanding amount (we normally pay off our cc in full every month). Sometimes it took a matter of days to sort out the amount, other times it took a few weeks. But I never had to pay any interst on that contested amount.

I haven't been in this situation for a few years now, so don't know if it still works this way.

As for the gignews thing - check that your dh hadn't signed up to a rolling renewal deal, with some tiny smallprint saying that you have certain windows of opportunity to cancel.

Thanks PC; I have a feeling there will be something in the small print. I'm waiting for 2pm so I can ring them. Its making me feel ill!
Its a mastercard (MBNA) Jamm - does that make a difference?

Only that I know about raising VISA disputes. I would think it's the same for Mastercard but I can't be sure.

I think if you dispute the transaction they have a duty to investigate and can't just fob you off. That is how it works with VISA any way.

Try going back to MNBA and asking to "dispute the transactions" if you know they are nothing to do with you - but as PC says it could be one of those small print things so that may be why they suggest you contact the company first?

But if you get no joy from giganews raise it as a dispute. How much is it? Is it over £100?

Credit cards are covered by the banking code now and also the consumer credit act although that does not mean the provider automatically fulfils their obligations. Sometimes you have to remind them I can find links if you need.

Its been £25 & something pence per month (taken on the 16th) from Sept to now (like a fool, I'd just paid the February statement, in full, like always, like a the good person I am....doh) - what worries me is trying to get hold of them. The lady at MBNA said that the numbers shown on the statement is the telephone number - I just have to add 001 before it and ring to find out why they have aken these payment! I'm sure they'll just turn around and tell politely to do one!!!!

Ok, the consumer credit act kicks in for amounts over £100. But I'm not sure if it counts if it's cumulative (will need to check)

However, if this company does tell you to "do one" go straight back to MBNA and dispute the transactions - if necessary say you will make a formal complaint if you have to.

Stay calm and cooperative even in the face of complete moronism. I'll have a look at the banking code and CCA for you now.

I can't thank you enough jamm x

Doh! Banking code has been replaced by proper FSA regulations since November. Apologies - brain not engaged

It's just occured to me that MBNA probably think you have authorised these transactions under a "continuous payment authority" which is why they are advising you to go back to the company.

Obviously if there is a dispute you do not need to go back to the company. Perhaps you just got a dim one on the phone earlier?

This is what the FSA say about unauthorised transactions here:

If there is an unauthorised transaction on your credit card account you should dispute it without undue delay (and no later than 13 months after the transaction).

It is for the bank, building society or credit card company to show that the transaction was made by you and there was no breakdown in procedures or technical difficulty.

If you?ve not authorised the payment then your credit card company must immediately refund you the transaction amount unless they have some evidence suggesting you may not be entitled to a refund because of the way you have acted. In these cases the credit card company must investigate the claim, but must do so as quickly as possible.

For some transactions you can authorise a payment and leave the amount to be paid blank, for example for a hotel or regular bill. If you then dispute the amount charged, you may ask for a full refund. Your credit card company or bank may ask you for more information such as why you think you are entitled to the refund. After receiving the information, they should either refund the money or give you a reason for not doing so within 10 working days of you providing the information.

Call MNBA back and tell them that the transaction is NOT authorised and to deal with it as a disputed transaction please.

I meant the please when talking to MBNA, not telling you to "please go and do it"

I am making a hash of things today! Sorry!

I understand recurring payment but if I and dh haven't authorised it how can they take it? (I could crucify dh at the moment!)

I've just been back on with the cc company - apparently, somewhere along the line dh must have given them our details and they have continued to take payments (unauthorised obv). I have now written to the cc company (on their request) advising them about my situation. I have also copied & pasted the fsa info that jamm has but on here! They will now deal with it. In the mean time I am going to 'deal' with my dh!

It happens. Don't be too cross with your DH. But just get him to cast an eye over the bill once in a while.

I triage our post and just get DH to confirm everything looks ok before filing/paying bills.

Hopefully all sorted very soon

thanks jamm....cool, calm, collected...and breathe!

If he's signed up for Giganews in the past, it looks like he might have failed to cancel the free trial; they operate a system whereby you get a free trial for a month or 2, but you have to give them your credit card details and if you don't cancel, then they will take a monthly payment as soon as the trial ends. You can only cancel it online. Just fyi, in case they come back and say the payment was authorised - if he didn't cancel then by default it becomes "authorised".

This happened to me with a dating site. I paid a month's subscription for a friend and didn't notice in the small print that they would continue to take the same amount each month from my card until I wrote to cancel.

I managed to get my money back, after speaking to the Office of Fair Trading, they advised me to right to the company to cancel and include this paragraph 'I feel very strongly that at the time this membership was applied for, the notice regarding continuous renewal of the account was not sufficiently prominent within your terms and, as such, represents an unfair term within a consumer contract and that you are deliberately misrepresenting the service you offer'

I'm not sure how this would work with a company in the US though?

I think it's bloody outrageous that they can rip folk off like this.

write even

Thanks for your replies. The cc company have asked me to write to them about the situation; they will now take it over and contact the company involved. Dh is virtually 100% certain it isn't anything to do with giganews. He has been dealing with them for 6 years and has never had a problem. So, I'll wait for the cc company to get back in contact - they have to within 5 working days. I find it hard to understand that, even if you cancel your cc they can still take payments (this was told to me by the cc company) - very strange indeed!