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Shona L | Can anyone tell me if my credit card company acted illegally? |
I cancelled my (UK)credit card in March this year, having paid off all the balance. Then out of the blue a few weeks ago I received a bill for £140 on the cancelled card. This turned out to be payment for a home insurance policy with direct line which I had also cancelled (two years ago!). Direct Line have admitted fault and I am awaiting a refund. Unfortunately they cannot refund the card because it no longer 'exists' since I cut it up. So I am still waiting for a cheque. However, the issue remains with the credit card. Do they have the right to make a payment from a cancelled credit agreement, even if, originally, the premium was renewable annually? Surely if I have canclled the card they should refuse payment to any creditors who present for payment, and refer them back to the customer? Did the credit card company act illegally? Can I refuse to pay? |
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sophieb
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the sentence you said, :"Unfortunately they cannot refund the card because it no longer 'exists' since I cut it up." makes no sense to me since the reason they CAN refund the card is because an account still exists on the record.
I don't believe the credit card company acted illegally, it was merely an error that could be corrected easily if you present documents like the letter you sent them cancelling the credit card. There is no need to "refuse to pay" since you didn't owe it to the credit card company. Once they see the dates of the cancellation and the date of the payment request they will correct your account and will write and tell you it's been corrected. Be sure that you check your credit report to see it's been cleared. If not, send then a copy of the retraction by your credit card company. |
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beedaduck
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No not really. Read the fine print on your agreement.
The Insurance company was given the right to charge your credit card by you.
Even though you cancelled the card the number still exists.
You can have the charge reversed on the card but it takes paper work.
I am speaking from experience here.
I had a store charge to my cancelled card(cut off by the bank due to non-payment).
The bank forwarded it to my new card.
I disputed it. It took 4 months but I got the credit back on a non-existent card.
However they charged me interest and after 14 years my bank can still pull up the $2.68 owed on that number. I cannot pay it off and it will always be there.
Dispute it. Ask for proof of signature. That will work as they do not have it nor will the insurance company.
It is a nice loophole to remember. |
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Daniel L
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Don't even bother with the insurance company. File a dispute with the credit card agency that you did not authorize the charge. The credit card agency is the one to investigate and pay you any refund due.
The claim must be filed in writing to protect your rights. Send them a letter and keep a copy. |
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Someday
 |
No talk to the credit card company to transfer to a new card. Or get a check. Credit card company may porbably be involved in the fraud. I get late fees sometime...and if i did not notice...it will go unnoticed. |
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STEVEN F
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My comments are based on US not UK law and I am not an attorney. That said here's my understanding: Cutting up the card does not cancel the account. You have to contact the credit card issuer to close the account. Assuming you did so, it would depend on when the charge was made. If the charge occurred before the account was closed, the credit card company is not at fault. If the charge occurred after the account was closed, they should have declined the charge. |
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hhhthegame
 |
I don't know the laws in the UK |
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scottFL007
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Apparently, this is "standard procedure" with most credit cards. I've had similar things happen. I encourage you to fight, but I suspect the circumstances may not be on your side. Still, it is clearly, utterly wrong, and you should not have to pay it. However, many things pass as 'standard procedure', and until enough of us stand up to this kind of garbage, it will continue. I encourage you to write letters to your newspaper and make a fuss about it. Perhaps that will motivate them to shut you up by paying it off. |
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Sue F
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I would believe that the credit card company acted illegally. I would speak to a lawyer, as I don't know the regulations governing credit cards where you live and you would need to have a professional opinion. If this Direct Line has admitted fault, you should have the check in a reasonable amount of time...ten business days would seem appropriate to me after they have admitted their error. You may also want to make sure that the charge was not made to your card any other times since you cancelled the home insurance policy. Unfortunately, you have to watch every little detail with these credit card companies; there are a lot of scams which go on, and they make a lot of extra money on these types of charges; because most people will just let it go, and not be willing to stand up for what is just! In my part of the world, there are Legal Assistance offices that you can contact for advice, before actually making and appointment to talk to a lawyer face to face and thus have to pay fees for his or her time. You may want to check into that, unless you have a lawyer you deal with on a regular basis who could help you. Best of luck to you! I hope you get your money back! |
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Lisa W
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Yes they acted illegaly and you can refuse to pay. I would contact a lawyer. |
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sassy
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I personally feel that the credit card people were wrong. Best thing to do is speak with an attorney.. you may be entitled to more than a refund. |
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