Debit Card Issue

Discussion in 'Finance, Property, Law' started by Count.Dracule, Mar 15, 2012.

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  1. Can anyone please advise on the following matter:

    3 years ago I paid for someone's insurance using my debit card and they paid me back at a later date.

    2 years ago and about the time of the renewal a similar sum left my account, understandably I kicked off, firstly with the insurance company who informed me I needed to take it up with the policy holder, not their problem etc, etc. My bank suspended my card and issued another, informing me that should stop it happening again and I recovered the money from the policy holder albeit in dribs and drabs.

    2 weeks ago, the money came out again, the bank, policy holder and the insurance company got both barrels. I no longer communicate with the policy holder, I have managed to convince the insurance company to remove my card details, but would not refund me unless the policy holder coughs up and after threatening the bank to close my account, they then paid the money back into my account, pending an investigation.

    In a nut shell, if they can prove (Insurance Company) that I am contractually obliged to pay the money the bank will take the money out again and pay it. I only paid for it over the phone 3 years ago, nothing was signed and no contract was drawn up, with no intention of helping out again.

    Has anyone experienced this before and does anyone know where I stand legally.

    Thank you in advance.
    • Like Like x 1
  2. Appolgies for the lack of breaks and paragraphs, will edit and sort it out on another PC later.
  3. Can't you ask the insurance company to stop the annual standing order?

  4. They should only take that instruction from the policy holder.
    Otherwise we would all be ringing up and cancelling the insurance of every bugger of anybody you don't like!
  5. IIRC, if it's a SO or DD then you can cancel it as the account holder. If it's done on the card it's between you and the insurance company, and they deal with the policy holder. I think you have a verbal contract, that they can prove because you gave them your card details and didn't cancel in the 7(?) day cooling off period. Can you write a letter to the ins. company canceling the card debit and get the 3rd party to sign it? Make it easy for him/her and he/she shouldn't have any reason not to sign (he/she has shown a willingness to pay for him/herself).

    Good luck with it.
  6. Failing that, drive to the insurance company office armed with a meat hook and a hedge strimmer (petrol, not 240v) and kick off mutant zombie styleeee
  7. its a bank problem - the IC almost certainly has a box ticked that says 'renew anually from this card/account' - whether you said it or not.

    talk to your bank - from experience banks can be both very helpful on this issue and completely useless. if your bank have been useless in the past, and i'd say that allowing a payment out after being told its not to be taken counts as useless, then i'm afraid the only way out is to close the account, as its obvious that its not just the card details that are out there, but the account information matching the old card to the new card.

    for the love of god do not use the service whereby all your existing DD's and SA's are transfered from your closing account to your new account as - yes - that will include this one!

    close the account.

    open a new account in a bank unconnected with the old bank.

    change all your bits and bobs manually.
  8. Assuming its car insurance check askMID
    You can do a free search of a car you own / drive etc, or pay for searches.

    If its car insurance and the money has been refunded then the car would be regarded as uninsured and the police will be having words when they next drive past someone with number plate recognition.

    If its not car insurance then it just means the individual wont be insured but might not realise.

    (Unless the insurers are giving some grace, or the refund to your account has been done internally by the bank)
  9. My bold: They will have a hard job as said individual now lives in Spain. Which post are you replying to as it has feck all to do with my OP.

    But thanks for taking the time.
  10. Boldnotold

    Boldnotold LE Book Reviewer

    I've just suffered a similar problem where my Bank paid one of these payments to a magazine I took out a subscription to. They claimed it was a 'recurring payment' and 'the responsibility of the trader'. The trader claimed they had not set up a recurring payment and put that in writing. The Bank still wasn't having it.

    After three months I changed banks. It's the only way.

    Now get me started on 'my new bank won't let me have an overdraft even though I've been managing one successfully for years'. Aaaaaaaaaaaaaaaaaarrrrrrrrrrrrggggggggggghhhhhhhhh!
  11. TheIronDuke

    TheIronDuke LE Book Reviewer

    Would you like to buy a bridge?
  12. Boldnotold

    Boldnotold LE Book Reviewer

    You selling that funny 'open and shut' one outside the Baltic then? Or the green meccano one?
  13. TheIronDuke

    TheIronDuke LE Book Reviewer

    You have the choice of seven bridges up here in civilisation. This will confuse you. Because where you live, you have two.

    1) The sheep ford
    2) The sheep ford further upstream.

    Here is one of ours - Caution - Not sheep friendly.

  14. Boldnotold

    Boldnotold LE Book Reviewer

    I've seen that one. And walked across it. (Unlike your Grace, who no doubt just strolls across the water!).

    Two bridges? Don't be daft. Down here we have a Winterbourne. That's a stream that dries up in the summer. So no need for fords for the sheep for at least - a week per year :)
  15. I was referring to your post as you had only stated it was for insurance, not what kind of insurance, and not that they had left the country.

    The jist of my post was in relation to the status of how you have been refunded in the interim:

    If the bank have just refunded temporarily while there is a dispute in place then it has not affected the insurers - unless you get the dispute resolved the bank will take the money back and you be down again and back at stage one.

    If the insurers have refunded to you, but stated they will charge again when you have been proven to be liable (Or you haven't proven you are not liable) then there is the risk of it being taken again.
    Should be pretty simple in saying you are not liable if your name/address are differerent then the policy holder.

    Normally with insurance if its not paid for then the insurance is null and void. That is why I gave the AskMid reference, and about the police - if it was for car insurance, as this is something you could check.

    Depending on what the insurance is for the other party might not give a toss about the policy now that they are abroad, but it has remained open because you have been getting charged for it so why should they care about closing the policy. If they do require the insurance then it can be their problem to make sure they pay for it.