Direct Debit taken early

jasonhenley

Hi,

Need some help with this one, as not sure where we stand.

The other half was contacted from a company calle 'The Money Club' who said they could save money etc. They needed to take £1 from our account by direct debit, but we can cancel it if we didn't want it, or it is £98 for the year.

The £1 was taken on the 30th April, and we got our information through the post.

The DD for the £98 was due to be taken on / or after the 19th of May, but was taken on the 14th May, meaning we could not cancel the DD.

Having spoken to them, they are now saying we signed up, and that the moeny would be taken out 4 weeks from the original DD. But this was on the 30th April.

Where do we, or do we stand legally on this, as they have taken the money out before they stated?

Any help would be great.

jamespir

jasonhenley wrote: »

Hi,

Need some help with this one, as not sure where we stand.

The other half was contacted from a company calle 'The Money Club' who said they could save money etc. They needed to take £1 from our account by direct debit, but we can cancel it if we didn't want it, or it is £98 for the year.

The £1 was taken on the 30th April, and we got our information through the post.

The DD for the £98 was due to be taken on / or after the 19th of May, but was taken on the 14th May, meaning we could not cancel the DD.

Having spoken to them, they are now saying we signed up, and that the moeny would be taken out 4 weeks from the original DD. But this was on the 30th April.

Where do we, or do we stand legally on this, as they have taken the money out before they stated?

Any help would be great.

go to the bank cancel the direct debit and get the bank to reverse the direct debit ( they should do this for you as it in the direct debit guarentee) youll get your money abck in about 3 days

jasonhenley

jamespir wrote: »

go to the bank cancel the direct debit and get the bank to reverse the direct debit ( they should do this for you as it in the direct debit guarentee) youll get your money abck in about 3 days

We've just spoken to Barclays, and they are unable to do anything, unless The Money Club agree to an indemnity claim.

wealdroam

jasonhenley wrote: »

We've just spoken to Barclays, and they are unable to do anything, unless The Money Club agree to an indemnity claim.

Clearly the bank did not fully understand your instruction.

Did you tell the bank that the company had taken the money before they had agreed to?

Here is some information from the Financial Ombudsman's website...

[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1]The direct debit guarantee applies to all banks and building societies taking part in the direct debit scheme. It says that:
[/SIZE][/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1][/SIZE][/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1]If there is a change in the amount to be paid or the payment date, the person receiving the payment (the originator) must notify the customer in advance. [/SIZE][/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1][/SIZE][/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1]If the originator or the bank/building society makes an error, the customer is guaranteed a full and immediate refund of the amount paid.[/SIZE][/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1][/SIZE][/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1]Customers can cancel a direct debit at any time by writing to their bank or building society. [/SIZE][/FONT]

Clearly there has been a change in the payment date without the customer being notified, or maybe the Originator has made an error.

Either way, you are due a refund.
Talk to your bank again.

Mk14:37

Banks often try to wriggle out of the Direct Debit guarantee and ask you to go back to the other party, but see the above excellent post. Go back to Barcalays and insist.