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28/12/2012 9:17 am
Hi all,
I'm sure people have been in similar situations.
I'm just over a year into my Trust deed. I'm not quite sure how but Capital Finance One who are part of this agreement have taken a large sum from from my bank account. I assume they are not allowed to do this as they are part of the agreement?
They seem to be a particularly sneaky bunch (even as far as payday loan companies go) I just cannot find any contact details for them. Any email addresses bounce back, any phone lines are always busy, website has been taken down and they haven't responded to my letter sent recorded delivery.
They took this money out in 4 transactions, I've had to change my card details to prevent them wiping me out completely.
What is my best route to go here? My bank refunded the amounts but have recently taken it back again leaving me seriously out of pocket and incurring charges.
Do I have any hope of getting this money back? [:(]
28/12/2012 9:32 am
Hello roygersboy and welcome.
It sounds like there is a continuous payment authority in place on this debt? If that's the case your bank may be responsible to you if you have previously withdrawn permission for a payment to be taken.
You need to talk to your trustee about this also. They may be able to help you to recover the cash.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
28/12/2012 9:42 am
The thing is this is actually a new bank account I set up to try and avoid this scenario, the loan I had with CFO was set up through a previous bank account. I'm not even sure how they got these new details other than being passed on from another company
28/12/2012 10:27 am
I cannot see how they could identify your bank details and then just take the money, though I understand that you are confused and worried about the situation.
Perhaps ask your bank to confirm how exactly you gave permission for these payments to be taken?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
28/12/2012 10:39 am
I'll do that thanks, I'm awaiting a letter from the banks complaints dept so I will reply there. I've also sourced some new contact details for the company, they have changed all email addresses and even their website... and I've also contacted my Trust deed operator.
Aside from how the physically managed to do this...
Legally, are the payday company allowed to take this money if they are in the trust deed? I'd have thought this contradicts some of the T&C's? Surely it's unfair to other creditors?
28/12/2012 1:53 pm
That's where your trustee comes into this roygersboy.
I think they'll either consider that this is money you need to live, or that its money that all of your creditors should benefit from equally.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
28/12/2012 1:57 pm
I have faith in my trustee realising I need this money to live, however I don't have faith in them being able to reclaim it from CFO
Thanks for your replies by the way
29/12/2012 2:16 pm
When a new account is opened the new bank has the facility to carry over direct debits/standing orders, however this should only be on your instructions.
Your trustee should be able to resolve this and have the money returned, however it may take a bit of time as the whole world seems to shut down through the festive period.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
29/12/2012 4:15 pm
My trustee has been trying to claim money back from the credit union who took 4 payments directly from my salary at the beginning of my trust deed yet seem either inefficient or unable to reclaim this. We are now 3 years into the TD yet still have been unsuccessful in getting this money back!
