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Direct Debit Error Query

Hi all,

I have read through the D/D threads on here which have helped a bit but I still have a query:

I just changed the payment date on my Sky tv/broadband D/D payments to the 1st of every month.
Because of this, my latest bill said I owed £78 and I had to pay £68 immediately else I would be cut off.
I paid this via debit card via the Sky site on 26th July, and on 1st August they took all £78 via direct debit (turns out the payment didn't appear until 29th)

I have just phoned my bank requesting a D/D refund and they said no. I was told to phone Sky. I queried this and was told I could get a refund from Halifax, but I would have to go into branch to fill out an indemnity form.

I phoned Sky who said I can't have my money back until 12th August as they have a safeguard in place in case my bank was to withdraw the payment.

I phoned Halifax again, and pushed the issue, and I was again told I cannot have a "full and immediate refund" and that I would have to go into my "local" branch to resolve it.

Can someone please confirm that I HAVE to go into branch to sort this?
If so, do I have any way of getting back my equivalent of half a days leave and travel/parking, seeing as this isn't my fault and I acted in good faith?

(BTW can't wait until 12th, got 2 D/Ds due this week)

Thanks.

Comments

  • JohalaReewi
    JohalaReewi Posts: 2,614 Forumite
    The Direct Debit Guarantee Scheme protects you from incorrect DD withdrawals. Under the scheme, Sky have to tell you in advance (at least 10 days) when they are going to take the money and how much they are going to take. If they take too much, or take the money early, you are entitled to a full and immediate (within 24 hours) refund from your BANK under the Direct Debit Guarantee Scheme.

    Sounds like Halifax are being naughty. The Indemnity scheme is what the bank will use internally to get the money back from sky. Naughty banks like to make out that this is the same as the Direct Debit Guarantee Scheme, but it isn't. The Direct Debit Guarantee Scheme is where you get your money back immediately from the BANK. The bank then uses the indemnity scheme to get their money back.

    You don't need to go into a local branch or fill in any forms to make a claim under the Direct Debit Guarantee Scheme. You can do it by phone. Keep quoting The Direct Debit Guarantee Scheme and if the person you are speaking to doesn't know what it is, ask to speak to someone who does.

    http://www.bacs.co.uk/BACS/Businesses/Direct+Debit/Paying+by/Your+rights/
  • dunstonh
    dunstonh Posts: 120,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The direct debit guarantee covers payments that you were not advised of.

    If Halifax agree to do it, then they will credit your account and write to Sky (indirectly) to request the money back. Sky will not return it to Halifax until they know they have got it (some time after the 12th) and there will probably be an admin lag as well on top of that.

    Given the continued cost in money and time for you to pursue it via the Halifax, it seems more sensible for wait for it to come back from Sky directly.

    Halifax may be rejecting it as you have told them you have already contacted sky. What Halifax want to avoid is you getting it back from Sky directly and getting it credited under the scheme so you end up with two refunds (a frequent event with those asking back money that is already earmarked to be returned by the company).
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    I am not sure Sky have actually made a DD error - if I read you correctly they have taken the amount they advised you, which after the event turned out to be incorrect. So claiming under the guarantee isn't possible.

    It sounds as though they will, in time, put it right.
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