Claiming charges from 3rd hand bank ??

redlooney

Can anyone assist with our current bank charges problem ??
Basically, we have a loan with Barclays Finance , the repayments for which are taken from our Nationwide account by direct debit .Due to my wife's ex not paying his CSA into the Nationwide account, the November DD to Barclays bounced and the first we were aware, was when Nwide sent a letter explaining we were being charged £30 for going overdrawn.I contacted them and they politely agreed to wave this charge, on the understanding it was the first time we had strayed etc .This was Wednesday the 25th November
Then the problem really started - Barclays sent us a letter dated 25th November via second class mail, stating they would attempt to take the DD out again "within 5 working days" - we received this latter on Sat 28th November. As I dont trust ATMs for deposits (having been stung before), I deposited more than enough to cover the DD Monday morning in branch at 0945 hrs.
I checked our NWide account online Monday night and all seemed well but by Wed this week, the Barclays DD had been bounced a second time dated Monday 30th :mad:
I couldnt believe it and before we received any correspondence from the NWide, I contacted them, explained that it was all linked in and that I'd deposited the money on the same day that Barclays tried to collect their DD, but to no avail and I was told to expecft another £30 charge
Bloody Barclays - has anyone had this happen to them before ie where you deposit enough cash at a bank during their business hours, only to find that it doesnt cover the DD on the same day and how do we stand for contacting Barclays to "discuss" them covering this £30 charge, as I see it, they didnt give anywhere near enough time to allow us to sort the matter out ??

Premier_2

I'm not sure how Barclays were aware of the bounced DD on the day of the intended transaction.

The Originator is not aware of a non-paid DD until at least 2 working days after the intended transaction date.
Under ARUDD (Automated Return of Unpaid Direct Debit), even the Originators bank is not aware of the unpaid DD until the day after the intended transaction date.

If the transaction date was supposed to be 25 Nov, then I really can't understand how the Originator sent a letter to you regarding that failed transaction dated 25 Nov.

Under best practise guidelines, the Originator should have given you 5 working days notice (not 5 days) of intending to re-present the unpaid DD. Re-presentation may only occur when the Originator may reasonably assume that the conditions necessary for payment will be met. Re-presentation must occur within 1 month.

redlooney

Premier wrote: »

I'm not sure how Barclays were aware of the bounced DD on the day of the intended transaction.

The Originator is not aware of a non-paid DD until at least 2 working days after the intended transaction date.
Under ARUDD (Automated Return of Unpaid Direct Debit), even the Originators bank is not aware of the unpaid DD until the day after the intended transaction date.

If the transaction date was supposed to be 25 Nov, then I really can't understand how the Originator sent a letter to you regarding that failed transaction dated 25 Nov.

Under best practise guidelines, the Originator should have given you 5 working days notice (not 5 days) of intending to re-present the unpaid DD. Re-presentation may only occur when the Originator may reasonably assume that the conditions necessary for payment will be met. Re-presentation must occur within 1 month.

Thanks for the reply Premier = "Best practice guidelines" = are these enforceable or suggestions and would Barclays take notice of me trying to invoke them ? Barclays phoned today for a card payment to cover the failed DD and when I broached the subject of then re-imbursing me for charges that Nwide will hit me with, I'm sure I heard a snigger in the background :rolleyes:

Premier_2

No, best practise guidelines are not rules and so unfortunately unenforcible.

However, their failure to have followed such guidelines already puts them on the back foot.
Any claim for consequential loss regarding the DD should be directed to your Paying Bank who should raise the necessary claim. The Originator should not be settling direct with the Payer (perhaps the reason for the snigger?)
I'm not sure you would have any valid claim anyway.

"The consent of the Payer to debit his account, as expressed in the DDI, also constitutes implied consent to the re-presentation of an unpaid Direct Debit originated under that authority"

Has Barclays explained how they managed to know the DD was unpaid on the same day as the transaction date? (assuming they don't have possession of a flux capacitor )