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Rights regarding Direct Debit payments.

Forris
Forris Posts: 366 Forumite
Can anyone tell me what my position is please regarding the following (I'll try to keep it brief!):

I have a car loan with Barclaycard Finance;

The DD is set to come out on the last day of the month;

September's payment was requested on 1st October;

There were insufficient funds in the account (my fault, no issues with that) so the DD was not paid;

I noticed the mistake that evening (1st) while checking my online account, so I phoned Barclaycard Finance and made the payment via their automated system;

I checked my account again last night (7th) and BC have attempted to take the DD again and, due to lack of funds (having already paid on the 1st) the DD was not paid.

I phoned BC today and was told (very politely) that under the DD Guarantee, they had a legal right to attempt to take the money up to 5 times but that their policy was to only make 2 attempts. When I asked where in my agreement this is stated, I was told that they have no legal obligation to tell me about this in the agreement (this was confirmed after the CS rep checked with a manager). I have been promised written confirmation of this.;

The CS rep said that although I had paid the due amount 6 days before the 2nd DD attempt was made, this would have been seen as an adhoc payment and they are unable to stop the 2 attempt in any case;

The CS rep said that I could lodge a dispute in writing to try to reclaim the £8 that my bank (Barclays) will charge me for the failed 2nd attempt, and that it amy also be worth chasing it with my bank.

My questions are:

1) Is it correct that they do not have to tell me about the DD being attempted twice?

2) Can they really not stop a 2nd attempt if the payment has already been made?

3) What would be the best course of action to reclaim the £8 fee?

Thanks.

Comments

  • ILW
    ILW Posts: 18,333 Forumite
    I would not bother chasing for the £8.00.
    In the end it was your fault that the payment bounced and if all you are down by is £8.00 you got off pretty lightly.
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