Debit card used without permissions?

GreeBo

Hey,

I have an issue whereby a company that did work for me, took the balance from my debit card without my permission.
I had paid half the balance owed and they took the balance without getting my approval or in fact even talking to me.

I'm assuming they are not allowed to do this (there are issues with the work so I was deliberately not paying them until they were resolved, but they just took it and left me a voice mail!)

I'm in the process of contacting them, but just wanted to get an idea of what would happen if I raised this with my bank?

Heres Johnny

How did they have your number of your card? Did you give it to them for first payment?

The real issue here may be how they stored it for their own use later, there are serious regulations regarding this

CoBo55

Contact your bank immediately and request a payback don't bother engaging with those who stole your money.

GerardKeating

GreeBo wrote: »

I'm in the process of contacting them, but just wanted to get an idea of what would happen if I raised this with my bank?

I assume you gave them your card details at some point, they will argue that when you gave them your card details, you gave them permission to debit.

The thing is, even if you had given them permission to debit your card, you can still raise a chargeback to recover the money, if they had not fully supplied the relevant goods/service.

GreeBo

GerardKeating wrote: »

I assume you gave them your card details at some point, they will argue that when you gave them your card details, you gave them permission to debit.

The thing is, even if you had given them permission to debit your card, you can still raise a chargeback to recover the money, if they had not fully supplied the relevant goods/service.

They had my card details from the initial payment, but should they be storing my CVV code?

mlem123

If they'd stored all those card details it sounds like a breach of GDPR - if I were you I would lodge a complaint about that with the data commissioner as well as going to bank etc

GerardKeating

GreeBo wrote: »

They had my card details from the initial payment, but should they be storing my CVV code?

Storing the CVV code is absolutly forbidden, but they might have been able to do the transaction with out it.

mlem123 wrote: »

If they'd stored all those card details it sounds like a breach of GDPR - if I were you I would lodge a complaint about that with the data commissioner as well as going to bank etc

How would it be a breach of GDPR, the OP gave the company their card details for the sale.

mlem123

[QUOTE=How would it be a breach of GDPR, the OP gave the company their card details for the sale.[/QUOTE]

Because data protection laws state that they should be:

"kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed"

and

"collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes"

Unless a contract states that the card would be kept on file for a specific reason (like when you book a hotel) they kept the all the card data, including the CVV, past it's specified use and subsequently processed it again

Thoie

mlem123 wrote: »

If they'd stored all those card details it sounds like a breach of GDPR - if I were you I would lodge a complaint about that with the data commissioner as well as going to bank etc

It's not a GDPR breach, but storing the CCV could fail PCI compliance, and could result in having their merchant status revoked. It depends on how and where the data was stored.

lawred2

mlem123 wrote: »

Because data protection laws state that they should be:

"kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed"

would have thought - pay half now and half later would cover the data retention period allowable for the purposes of paying for a service

no?

Jim2007

Heres Johnny wrote: »

The real issue here may be how they stored it for their own use later, there are serious regulations regarding this

The were part paid on a contract, they kept the details as to many to process the next payment, good luck with trying to argue that it was not a reasonable business practice.. hotels etc do it all the time...

GreeBo

Jim2007 wrote: »

The were part paid on a contract, they kept the details as to many to process the next payment, good luck with trying to argue that it was not a reasonable business practice.. hotels etc do it all the time...

A hotel would still ask you for permission to debit your card though, they cant just do it without asking, what if it put me in an overdraft position for example?

Jim2007

GreeBo wrote: »

A hotel would still ask you for permission to debit your card though, they cant just do it without asking, what if it put me in an overdraft position for example?

They may do, but there is no obligation, unless you can direct me to a section of the act I have not read...

Henry Ford III

GreeBo wrote: »

A hotel would still ask you for permission to debit your card though, they cant just do it without asking, what if it put me in an overdraft position for example?

What if you did a runner?

JohnCleary

This is why I use Revolut in these situations.

2nd card that you only unfreeze when you're expecting a charge.

Too late now but a good tip for the future

Jim2007

GreeBo wrote: »

Hey,

I have an issue whereby a company that did work for me, took the balance from my debit card without my permission.
I had paid half the balance owed and they took the balance without getting my approval or in fact even talking to me.

I'm assuming they are not allowed to do this (there are issues with the work so I was deliberately not paying them until they were resolved, but they just took it and left me a voice mail!)

I'm in the process of contacting them, but just wanted to get an idea of what would happen if I raised this with my bank?

OP, it's been three days since you posted, have you contacted the company have> you go a response.

If they took you money without your permission then it is theft, a criminal offence and you need to react. It does not matter how they did it, they did it.

GreeBo

Jim2007 wrote: »

OP, it's been three days since you posted, have you contacted the company have> you go a response.

If they took you money without your permission then it is theft, a criminal offence and you need to react. It does not matter how they did it, they did it.

I have and am waiting for a written response...they keep trying to ring me and I keep telling them that I want it all written down in a paper trail based on how things have gone so far.

GreeBo

Henry Ford III wrote: »

What if you did a runner?

If I do a runner then sure try to debit the card, but I dont believe they are entitled to just debit your card without your authorisation

Henry Ford III

GreeBo wrote: »

If I do a runner then sure try to debit the card, but I dont believe they are entitled to just debit your card without your authorisation

But that would still be debiting without your authorisation

GerardKeating

GreeBo wrote: »

A hotel would still ask you for permission to debit your card though, they cant just do it without asking, what if it put me in an overdraft position for example?

When you Book or check in to a hotel, you give them card details, and authorise them to debit the card.

So if you had booked (for example) a hotel a few months ago for today, and decide you were broke and didn't go (and never cancelled the room). The hotel are entitled (according to the origional booking) to charge you for (at least) the first night, the fact that this could put you into an overdraft position is your problem, not the hotels problem.

GerardKeating

Henry Ford III wrote: »

But that would still be debiting without your authorisation

No, when you checked in (or even booked the room) you will have given them permission to charge the card.