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Pay-for-it without permission

Started by: seyhan11
On: 19/01/2019 | 11:43
Replies: 18
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by: harrrrrry
on: 22/01/2019 | 12:58

@seyhan11

 


"Your Mobile Network does not allow to refund back so " so we will send you a post office slip for refund???

The first part of that sentence is presumably untrue, as other companies using payforit seem to have managed it for other members.

 

I suggest you ask the PSA whether it is correct that this company apparently "cannot" refund you directly and immediately and point out that for most services it is a legal requirement that they refund to the same account that the payment came from, unless the customer agrees otherwise.

 

If nothing else, it would be interesting to know whether PSA takes a responsible attitude and confirms this is unacceptable, or simply tries to wash its hands of the matter.

 

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Message 11 of 19
by: jaymailsays
on: 23/01/2019 | 01:15

harrrrrry wrote: <snip> for most services it is a legal requirement that they refund to the same account that the payment came from, unless the customer agrees otherwise.

 

@harrrrrry That can't really be so?

 

When giffgaff refunded members for the double charging that occurred over a two year period, many of them complained about the method of refund as giffgaff refused to credit the bank account that the top up had come from. 

 

The payforit system in our networks case is controlled by Telefonica, if the merchant is prevented from refunding direct to a giffgaff account the fault lies with Telefonica/O2.

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Message 12 of 19
by: harrrrrry
on: 23/01/2019 | 07:31

@jaymailsays

 

Best I could find is http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/4/enacted

 

56 Right to price reduction

 

(2)The amount of the reduction may, where appropriate, be the full amount of the price

(5)The trader must give the refund using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise.

 

In the case of the giffgaff overcharge refund, the overcharge would presumably have come out of the user's PAYG credit, so giffgaff could possibly argue:

 

  • that refunding to PAYG credit would constitute refunding by the same means of payment. but ...
  • a refund to PAYG credit would not be in the member's interest if the member had subsequently ceased using the service

There's a reasonable counter-argument that if the member had auto topup enabled, the overcharge might have caused the balance to triggeran indirect charge to the member's payment card and so giffgaff ought to be willing to perform a discretionary refund after the overpayment had been added back to PAYG credit -- but that would presumably apply only to specific cases where it could be shown that the overcharge triggered the topup.

 

If payforit has no means to provide a refund, then that is yet another defect in the payforit system.

 

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Message 13 of 19
by: ceky_data3
on: 23/01/2019 | 17:17
Absolutely shameful scam, I did get a refund via PayPal through one of them, but it did cost me a few phone calls and time I will never get back... in my case it was missspelled web address of a utility provider, so definitely a trap set by these scammers!

Phone number counts ad personal data and should be protected under GDPR, I would like my mobile service provider to stop sending my phone number to anyone whilst being online! How is current situation even possible under GDPR and why are these scammers getting our phone numbers?
Message 14 of 19
Highlighted
by: jaymailsays
on: 23/01/2019 | 17:38

@ceky_data3 Whilst I mostly agree with you on this.

 

You me and every other member agreed, as part of your giffgaff service, to allow the sharing of your number, by agreeing to their T&C.

 

Do I think it unfair?

 

Yes, I do!

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Message 15 of 19
by: nefarius
on: 01/02/2019 | 04:26

Ask giffgaff if they can block this service on your account. And if not, why? Post back here. 

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Message 16 of 19
by: glaswegianeric
on: 01/02/2019 | 08:31
@seyhan11 been said hundreds of times but doesn't hurt to repeat - Payforit scams have been around for years. Are giffgaff aware of them? Obviously. Could they provide us with the tools to block Payforit payments? But of course! They just choose to pass our mobile numbers to websites that hide behind iframes and what not and charge us for something that we would never consent to. They also choose not to protect us against these scams. As simple as.
Message 17 of 19
by: glaswegianeric
on: 01/02/2019 | 08:39
@jaymailsays I've just finished a round of correspondence with giffgaff's complaints team re sharing my number with the third-party and (even though in the T&Cs) , this being potentially uncompartible with GDPR.

I was now given the postal address of their Data Protection team (deciding not to have an email address to write to is obviously for my convenience innit).

You know what be good - if other customers joined efforts to sign or even to help with properly drafting the letter. And forwarding this to ICO at a later stage.

Sadly, people just tend to moan and are very reluctant to actually act.
Message 18 of 19
by: nefarius
on: 01/02/2019 | 08:49

I'm struggling with factoids here. I'm sure the OP would appreciate evidence based facts. 

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Message 19 of 19