Direct Debit Indemnity Claims

chabbers · 30 April 2010 at 6:20PM

Hi everyone,
I was wondering if any of you have any advice for me...
I have recently started online banking and because of this I discovered that I have a direct debit set up for a mobile phone company. However, I do not have a contract with the company and never have done!

I rang the company and a nice man on the phone said I am not in their records as having a contract or any insurance. He said the best thing to do would be to get in touch with the bank for an indemnity claim.

Would this be accepted?

I have been paying nearly £30.00 every month, and as I don't know when this was set up, have no idea how much I've lost!
Thanks, any advice would be very much appreciated.

P.s. I take responsibility for having poor management over my accounts!:o

MarkyMarkD · 1 May 2010 at 12:54AM

No, they shouldn't be fobbing you off on the bank! They must be able to identify the reason for the transaction from the reference number on your payments, and it's their job to refund you not the bank's problem to sort it out. D'oh @ them fobbing you off.

oliverp_2 · 1 May 2010 at 12:10PM

Yes the originator should deal with it but going to the bank and doing a DD guarantee claim will probably be quicker.

You'll get all the money back quickly, then your bank will contact the DD originator basically saying "prove our customer set this mandate up or send us a cheque to cover the amount we've refunded".

MarkyMarkD · 1 May 2010 at 6:26PM

But chabbers has already spoken to the phone provider.

All he needed to do was actually finish the call by demanding that his money was refunded ... not let the phone provider fob him off on the bank which is not at fault in any way.

I don't believe that it should be quicker to use the DD guarantee. It should be quickest to demand the refund from the guilty party.

chabbers · 3 May 2010 at 5:56PM

Hey, thanks for the advice

I went into the bank and they said that I could fill out an indemnity form. If nothing comes of it then I will definately ring mobile phone company again and demand reimbursement.
Thanks again.

JohalaReewi · 4 May 2010 at 12:30PM

chabbers wrote: »

Hey, thanks for the advice
I went into the bank and they said that I could fill out an indemnity form.
Thanks again.

Noooooo.

You need a full and immediate refund under the Direct Debit Guarantee Scheme. This offers the customer a FULL and IMMEDIATE refund if the supplier takes too much money by DD, or takes the DD early. The supplier must notify the customer at least 10 days in advance, how much they are going to take and the date on which they will take it.

The Indemnity scheme is what the bank uses internally to get the money back from the supplier. It can take ages. For some reason, banks like to bamboozle customers and offer them the Indemnity scheme instead of the Guarantee scheme.

Go back to your bank and complain.

JohalaReewi · 4 May 2010 at 12:31PM

MarkyMarkD wrote: »

I don't believe that it should be quicker to use the DD guarantee. It should be quickest to demand the refund from the guilty party.

The DD Guarantee Scheme is immediate so that will be quicker than waiting for the supplier to refund the money.

MarkyMarkD · 4 May 2010 at 4:54PM

The DD guarantee is, in theory, immediate. But equally well a supplier can return funds taken in error by CHAPS, immediately. It just takes a bit of negotiation!

jamie07971 · 6 December 2010 at 6:05PM

Does anyone know how far back you can backdate the claim? I didn't realise that I have had a direct debit coming out which was cancelled in August and my bank are only able to go back to 1st October at the moment to process an indemnity claim.

dunstonh · 6 December 2010 at 6:22PM

Does anyone know how far back you can backdate the claim?

as far back as the error. August is no problem.

Direct Debit Indemnity Claims

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