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direct debits and the banks

Hi

I have cancelled a direct debit i had with abbey which was set up with my bank, because i am under negotiation with abbey. However every month abbey still take my money out of my account. The bank says abbey reactivate it, and theres nothing they can do. I have cancelled the dd 4 or 5 times, and each month they attempt to take it. This either leaves me with no money, or a £38 pound charge from my bank for not having the money in the account. Does anyone know whether the bank are right in saying theres nothing they can do???

Thank you
Debx

Comments

  • sundries
    sundries Posts: 75 Forumite
    Mostly if you cancel direct debits then the people will leave you alone, however, I think they are entitled to reactivate/continue to take the money if you havent written to them to cancel it.

    I think that is how they differ from standing orders. Standing orders are in your control and your bank can cancel them whenever you ask.

    Im not sure about this though so double check.
  • debie150403
    debie150403 Posts: 11 Forumite
    I have written to abbey a few times, i also have the citezans advice writing to them and they dont respond to anything! i just dont know wot to do! no ones seems to be able to help me!
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Abbey will feel that, whilst negotiations are still in place, the original T&C's stand. As such they are using AUDDIS to reinstate the DD.

    Perhaps if you were to provide more details then better advice could be given?
  • td_007
    td_007 Posts: 1,212 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Direct debit is yours to start and yours to cancel. If you have canceled it and money get withdrawn then you reclaim it using the direct debit guarantee and your will generally be refunded the charges. As a courtesy you should inform Abbey but it is surely not mandatory.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    td_007 wrote: »
    Direct debit is yours to start and yours to cancel. If you have canceled it and money get withdrawn then you reclaim it using the direct debit guarantee and your will generally be refunded the charges. As a courtesy you should inform Abbey but it is surely not mandatory.


    If you haven't informed Abbey then no mistake has occurred and you don't fall within the rules of the DD guarantee.
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dzug1 wrote: »
    If you haven't informed Abbey then no mistake has occurred and you don't fall within the rules of the DD guarantee.
    I'm not so sure. The exact wording (from the BACS site) is...
    You can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned.
    The wording on one of my DD mandates says "please also notify us (that you've cancelled the DDI with your bank)".

    So it seems to be a request/recommendation rather than an 'instruction'/absolute condition of the DD guarantee.

    I agree though that it's common sense, as well as courtesy, but as I said above if a contract (to pay) still exists then Abbey will feel they are justified in using the original paperwork/signature/agreement to re-establish the DDI via AUDDIS.
  • td_007
    td_007 Posts: 1,212 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    dzug1 wrote: »
    If you haven't informed Abbey then no mistake has occurred and you don't fall within the rules of the DD guarantee.

    I am sure that is not the case. In one instance I had signed up for a magazine subscription for one year (there was no agreement for auto-renewal) with payment via direct debit and at the end of the year I canceled the direct debit online and did not inform the magazine. The magazine somehow managed to collect the direct debit but I reclaimed using the guarantee and the bank ensured that the direct debit was not activated again.
  • simongregson
    simongregson Posts: 891 Forumite
    Part of the Furniture 500 Posts Name Dropper
    They can't activate the direct debit again - your bank have to return the money under the direct debit guarantee.

    If you do still owe money to Abbey they would have to get it from you in some other way. Complain to your bank, and take it further if the issue isn't resolved.
  • They can't activate the direct debit again - your bank have to return the money under the direct debit guarantee.

    If you do still owe money to Abbey they would have to get it from you in some other way. Complain to your bank, and take it further if the issue isn't resolved.
    Providing funds have gone out you can get the money returned under the DD Guarantee Scheme, unfortunately if it hasn't and you have been charged a return/upaid item fee then you it is not part of the DD Guarantee scheme(the banks charges specifically). Any funds that were taken out though are as simon has said are recoverable by the DD Guarantee scheme,
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
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