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Wrongly charged nearly £800 with no warning!

Hello
I was a customer of o2 for a couple of years, after my contract expired in October I decided to upgrade but wasn't happy so terminated the contract - all within the allowed time frame (I have an email confirming that it had all been cancelled/returned and my pac code). I then took my old handset over to GiffGaff.

Just a couple of days before Christmas, my old mobile network provider took nearly £800 out of my bank account without notifying me that they were going to do so.

I luckily checked my bank balance on boxing day (rent was due out at the end of the month) and saw that I was in debit and found the problem.

I e-mailed the network provider who appologised for their mistake and told me that if I filled in a form online and then faxed them a bank statement (when I have it) showing the charges for taking me overdrawn, that they would get the money back to me within 20 days!

I filled in the form but sent them another e-mail complaining that 20 days to return MY money that they had no right to take in the first place was not acceptable!

I asked for a CHAPS payment (same day payment) and the address to complain to. The complaints address came through but no mention of the CHAPS payment.

I am LIVID.

In my complaint letter I have to explain what I want them to do to make my situation better. (they offered me £35 compensation! 35 POUNDS for taking more money than I had in my bank account with no legal right!) Well I don't mind telling you that this e-mailing back and forth and the stress on Boxing Day alone! Sheer panic! Has put a real dampener on my Christmas break!

Is it wrong of me to want a written letter of apology and a sensible amount of compensation plus a new policy that a customer has to authorise a payment of such a high amount before the network provider can "pop" into the customers bank account and remove it?

Any advice would be gratefully received
Thanks

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    As this was an unauthorised direct debit, you can reclaim the money immediately via the direct debit guarantee. Contact your bank and they will refund the money and reclaim it from the merchant. It's normally fairly quick and painless.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • As this was an unauthorised direct debit, you can reclaim the money immediately via the direct debit guarantee. Contact your bank and they will refund the money and reclaim it from the merchant. It's normally fairly quick and painless.

    Thank you, I wonder why the half a dozen people I've been in contact with at o2 didn't mention that?! :)
  • jd87
    jd87 Posts: 2,345 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Rooberry wrote: »
    Thank you, I wonder why the half a dozen people I've been in contact with at o2 didn't mention that?! :)

    I guess these things reflect badly on o2. Not just anyone can take direct debits, you have to be a reputable company and presumably follow certain rules and guidelines. If they had too many claims of incorrectly taken DDs there might be some sort of fine, maybe.
  • Rooberry wrote: »
    Is it wrong of me to want a written letter of apology

    No, seems reasonable.
    Rooberry wrote: »
    and a sensible amount of compensation

    Compensation for what? Are you American? Have you lost a limb? Expenses that you have had to outlay such as bank charges as a direct result of the error, yes. Compensation for being 'livid' then no.
    Rooberry wrote: »
    a new policy that a customer has to authorise a payment of such a high amount before the network provider can "pop" into the customers bank account and remove it?

    From what you said, it appears to have been a genuine mistake which the company in question have acknowledged and have said will put right, they have also offered you a monetary bonus in lieu of your time in having to report it. It seems like it's over and done with to me. If you need your cash back quicker then do the direct debit guarantee return which has already been suggested.

    Happy New Year. :)
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Compensation for what? Are you American? Have you lost a limb? Expenses that you have had to outlay such as bank charges as a direct result of the error, yes. Compensation for being 'livid' then no.



    From what you said, it appears to have been a genuine mistake which the company in question have acknowledged and have said will put right, they have also offered you a monetary bonus in lieu of your time in having to report it. It seems like it's over and done with to me. If you need your cash back quicker then do the direct debit guarantee return which has already been suggested.

    Happy New Year. :)

    Agree with most of what you write, but there is one scenario that could have cropped up that nowadays does have more serious implications.

    If a company such as O2 does make a mistake and take a DD that sends a person's account into overdraft and then subsequently causes some genuine DDs to bounce due to lack of funds, then is this not recorded on that person's Credit Record? Now that scenario can have ramifications well in excess of £35 compensation.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I agree, a wrong DD can cause a tailback of further DDs to fail, and this can affect a credit record far beyond bank fees. Requiring time to contact each creditor to explain the mistake and get them to remove the mark as it was out of your reasonable control with proof from the party that caused the issue that they are to blame for the mistake.

    Failed payments last 3 years on a file if you cannot get a creditor to remove them.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker

    Failed payments last 3 years on a file if you cannot get a creditor to remove them.


    I thought it was 6 years - but am happy to be corrected.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    jd87 wrote: »
    Not just anyone can take direct debits, you have to be a reputable company and presumably follow certain rules and guidelines.
    If only this was enforced. It now seem that any Tom, !!!!!! or Harry is given access to our bank accounts.

    In future, remember to cancel any expired direct debits.
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