Direct debit- Indementy Claims.

PIKEY1980

Good morning to all,
I am writing this see if anyone can help me?
My wife and i are having problems understanding the Direct Debit Indementy Claim thing.
Recently our local council Took a direct debit mandate to early which caused us to go overdrawn and inccur bank Charges. We contacted our local Council to find out why? They told us they forgot to change the mandate with the bank and that we must inform the bank and take out an Indementy Claim.
We contacted our bank and started the wheels in motion they told us we would get our money back from the Council. Which is what we hoped for!
We recently checked our bank account to find the Money for the mandate returned but money for the bank charges has not been paid. The bank charges we taken by the bank which has put our account overdrawn again which means we will inccur more bank charges.
If anyone can help us understand please reply,
I just want to know who is at fault? The council for not pay the bank charges or is it the bank?:mad::mad:

zppp

PIKEY1980 wrote: »

Good morning to all,
I am writing this see if anyone can help me?
My wife and i are having problems understanding the Direct Debit Indementy Claim thing.
Recently our local council Took a direct debit mandate to early which caused us to go overdrawn and inccur bank Charges. We contacted our local Council to find out why? They told us they forgot to change the mandate with the bank and that we must inform the bank and take out an Indementy Claim.
We contacted our bank and started the wheels in motion they told us we would get our money back from the Council. Which is what we hoped for!
We recently checked our bank account to find the Money for the mandate returned but money for the bank charges has not been paid. The bank charges we taken by the bank which has put our account overdrawn again which means we will inccur more bank charges.
If anyone can help us understand please reply,
I just want to know who is at fault? The council for not pay the bank charges or is it the bank?:mad::mad:

The part in bold is your answer. The council should reimburse the charges under the indemnity.

missile

It would seem it is the council who are at fault. I would write to them and register a complaint, ask them to re-imburse the consequential costs you have incurred as a direct result of their error.

It would seem that your bank has levied the appropriate charges. I would write to them and state that this DD was made in error and ask for charges to be refunded to your account. Some banks are more sympathetic than others.

:rotfl:Do !!!!!! pay council tax? http://www.youtube.com/watch?v=H9XQvJX6OiA:rotfl:

molerat

How did you get !!!!! !!!!!! past the autocensor, I see more than one is acceptable

lippy1923

It is the councils fault! you will definatley have to register a complaint to them and send them your bank statments proving bank charges and get them to pay you back. Make sure you have extra money in your account to cover these charges going out, as you have already experienced.... charges going out cause more charges!! Maybe ask for some compensation as this may effect your credit score/records. Maybe also appy for a small overdraft £50 or so to stop this happening in the future.

pqrdef

The Direct Debit Guarantee is offered by the bank, as a member of the industry scheme, and puts the bank under an obligation to you, whether the mistake is the bank's fault or not.

You are guaranteed a full and immediate refund, irrespective of who made the mistake. I would take that to mean that the refund should be backdated to the time of the payment, so the transaction is effectively cancelled.

Loughton_Monkey

pqrdef wrote: »

The Direct Debit Guarantee is offered by the bank, as a member of the industry scheme, and puts the bank under an obligation to you, whether the mistake is the bank's fault or not.

You are guaranteed a full and immediate refund, irrespective of who made the mistake. I would take that to mean that the refund should be backdated to the time of the payment, so the transaction is effectively cancelled.

If your interpretation were correct, then the wording would have to be "full and backdated payment" wouldn't it?

The practical intention of the DD guarantee is that the customer has the right to the money back on his say-so alone. But this then leaves the two parties to discuss what was right and what was wrong. My understanding would be that if the DD were to be collected wrongly, then the originator would be liable for any consequential loss.

If, on the other hand, the DD Originator turns out to be 'right' then the DD guarantee itself requires that you pay the originater back on demand. In a similar way, you would then be liable for any consequential loss by the originator.