Unauthorised overdraft charges........

snugglepants

Long story short........

A few months ago, eon decided to take a quarterly bill amount via DD - they had failed to set up a monthly DD we had actioned, and were not authorised to do it quarterly. Paid the quarterly bill - a few weeks later, without warning, they attempted to take that amount out of my bank account. I didn't find out until I received an unpaid DD warning from bank. Cue 1st charge. A week or so later (when some money was now in account to cover charge and then some) they attempt to do it again - this time successfully taking the amount and leaving me overdrawn. Cue 2nd charge. Blah-de-blah-de-blah.....call eon, give them earful - they refuse to take responsibility, but say they have authorised a refund of the amount they took. Will show in a few days.

Fast forward to next bank statement (yes stupid me did not check account, no excuse bar forgetting), account is riddled with charges as they HAVE NOT refunded amount. I could not afford to put the account back in credit and cover the charges as well, bank wouldn't help me, cue more charges next month. (Yes, I've changed supplier for gas/elec by now!) In the meantime I'm putting what I can in to minimise the damage the next month. I get another charge the next month as I nearly got it back to 0, but not quite and couldn't cover the charge either. Next month and I manage to cover the fees for that month and put my account into credit at the beginning of the month. So when the fee comes out on the 24th(ish) it's still in credit. No statement is received until today, so I'm missing one (postal strike?) - didn't even realise until I saw it that I hadn't had one in ages.

I open the statement, and what do I see? Statement shows I'm in debt by £21.03!!!!!!! I look down and see I have a fee coming out on the 24th of Dec. Look on the back and on the 26th nov a bank charge has been taken although I have been in credit for well over a month!!!

Just been on the phone to "customer services" - get a snotty, rude young girl (who talks over me at points in the conversation - so much so I have to raise my voice and ask her to allow me to finish what I'm saying) - gets arsy with me for pointing out that I have not received anything to show I will be charged, and then saying "look, THIS statement, and the others I have had, do not clarify where the charge is coming from - no transaction reference/date etc" She says I was charged because there is a cut off point for when the charges are applied - when I got my account into credit, it wasn't in time for the cut off point!? I'm sorry - where does it say anything about a cut-off point?!

If I had know this - statement or not - I would have made sure there was an extra £25 in my account to cover this eventuality!!!!!!!!! I asked for the charge to be refunded because of this, and for a stop to be put on the one due on the 24th Dec. Cue more rudeness. I ask to speak to someone higher. She says no, they won't speak to you. I ask again - she says hang on, I'll put you on hold. Comes back and says "my manager was sitting next to me through the whole conversation and refuses to speak to you as they feel I've covered everything and there's nothing else to discuss". Whaaaa?!!? I said right, I would like to make a formal complaint. She say ok I can forward details of the conversation on as it's recorded, and they can look into what you've said about it not being clear. "Are you happy with that?"

I said "Yes, I'm happy for you to pass this on so that I can speak to someone about this today"........"no, you can't speak to anyone, I have to pass the details on and they'll contact you at a later date." Riiiiiiiiiight - "Ok, you can do that, but I would first like to clarify - as this call is being recorded - that your manager is refusing to speak to me, even though I've requested to speak to them?" "Yes, they say I've covered everything........" "Right, so the manager is REFUSING to speak to me, yes?" "Yes..." "Ok, thankyou. Now I'd like the postal address of the complaints department please." Cue a magical change in attitude from this girl - complete u-turn!! Bends over backwards to get the address, tone of voice changes completely (sounds like she might actually be a nice girl away from work!) keeps trying to make sure she's covered everything etc......I ask for her name, she gives it to me. And ask for managers name "I'm not sure if they'll give it out, but I'll just go an check for you." Comes back, and gives me her first name , but says the manager doesn't want to give out her surname.

End of conversation - the girl asks me very sweetly if she's handled the call to my satisfaction ("I know you're not happy about the charges, but have I handled the call to your standards" or something like that). I honestly told her that from getting the complaints address she'd completely changed her tune, but before then I found her rude and unhelpful........


*looks back at post* Ok, VERY long story cut long!! I'm sorry, and thank you if you've made it this far!!

Basically, do you think I'm overreacting? About the charges, and about the manager etc? I will be sending a complaint as I am not happy with the service I've received from this bank - and when I finally manage to get in credit AGAIN, I will most certainly be closing the account down! I know the problems started with eon, but the bank has turned into a nightmare too.

I know I've made some silly mistakes, and I'm not going to make excuses for them. I'd just like some unbiased advice, and no personal attacks please I take constructive criticism well

Premier_2

No Advance notice?

Go to your bank and request a full & immediate refund under the terms of the DD guarantee.

When there, also ask them to raise a claim for consequential loss (i.e. bank charges) against the Originator if applicable. These won't usually be refunded immediately but only on settlement by the Originator.

Eon shouldn't be settling any of this outside of the DD scheme.

snugglepants

Thank you very much for that advice Premier!! I will do that I didn't know that you could do that - you're a star!!

snugglepants

Just had a thought - after the money wasn't refunded as promised, we didn't pay anything for gas/elec while we were in the process of changing suppliers. We cancelled the DD they had set up of their own accord and the next bill came out of that money they still had of ours. Surely I have no grounds for refund of DD now? Thanks in advance for your help.

Premier_2

No probs. The bank staff probably won't know it either if my experience of banks staffs knowledge of the DD scheme is anything to go by.

Any problems, refer them to section 11.7 of The Originators Guide and Rules to the Direct Debit Scheme

http://forums.moneysavingexpert.com/showpost.html?p=27510443&postcount=13

Premier_2

snugglepants wrote: »

Just had a thought - after the money wasn't refunded as promised, we didn't pay anything for gas/elec while we were in the process of changing suppliers. We cancelled the DD they had set up of their own accord and the next bill came out of that money they still had of ours. Surely I have no grounds for refund of DD now? Thanks in advance for your help.

Sorry, I'm a bit confused.

Are you saying they took some money which you didn't have any advance notice of?

If so, you are entitled to it back (plus consequential loss if applicable). Your bank is responsible for doing this.

The fact you get it back may mean you then still owe money to Eon. This is totally separate to them taking money from you by DD without the required Advance Notice.
If you end up owing Eon money, you will need to agree with them how you will pay that.

Edit: the fact you appear to have delayed somewhat in getting the DD payment refunded and lodging a consequential loss claim may mean you won't get all the loss back from the Originator as they may now claim you failed to mitigate such loss

snugglepants

Oooohh!! Ok, that makes sense! So, they will have to give it back (as no warning) and then I will have to pay them almost the same amount for the bill that the money subsequently covered

And thanks for the reference point - I will be going there armed with a mountain of knowledge Thank you very much, you've been extremely helpful!

kidcat

Premier wrote: »

No Advance notice?

Go to your bank and request a full & immediate refund under the terms of the DD guarantee.

When there, also ask them to raise a claim for consequential loss (i.e. bank charges) against the Originator if applicable. These won't usually be refunded immediately but only on settlement by the Originator.

Eon shouldn't be settling any of this outside of the DD scheme.

thanks for that information, have been in similiar situation with our old energy supplier cleaning out my account twice in error. Am going to end up with loads of charges which I really dont fancy having to argue with Manweb to get back would much rather ask bank to do it, especially as they have alreday had to action a chargeback to recover some of the money taken.

Premier_2

Some more info that may be useful.

Indemnity claims must be settled by the Originator within 14 working days of the date of the claim. Even if the Originator disagrees with the claim, it must still me settled (hence why it is termed an indemnity claim), but the Originator could raise a counter claim against the Paying Bank or indeed pursue the Payer outside of the DD scheme under its rights under the underlying contract with the Payer.

If 3 months after the settlement deadline, the Originator fails to settle the Indemnity claim, then the Paying Bank can seek payment from the Originator's Sponsoring bank who will pay immediately (and then seek recovery from the Originator). Failure of the Originator to settle within the 14 working days means they cannot raise a counter claim. (but this wouldn't affect their right to claim against the Payer outside of the DD scheme)

snugglepants

Well.....DD is refunded....am on hold because they don't seem to know that they raise the claim for consequential loss.....?? They say I do it by calling eon?!

snugglepants

Funnily enough.....i'm now speaking to the b***h of a manager who refused to speak to me yesterday!!!! :O