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Anyone know where I stand legally?

jenniewb
jenniewb Posts: 12,843 Forumite
Part of the Furniture 10,000 Posts Photogenic Combo Breaker
I've just checked back my statements and found a direct debit has only partially gone through.

They increased the direct debit about 4 months ago but seem to have only applied the £2 increase fee and not the entire direct debit cost (which is A LOT more then this!)
I am now worried they will try charging my account all at once and leave me with nothing and also mean I cannot afford any other living costs I have plus could incur bank fees from my bank as a result.

This is their error and not mine. I am afraid to contact them incase they do charge me all at once, they can't have incorrect details on me as they still are able to take some money from my account even if its not the correct amount. Does anyone know where I stand legally on this?

Thanks
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Comments

  • pcombo
    pcombo Posts: 3,429 Forumite
    Maybe try making phone calls before posting. Any advice given regarding your issue wont really be realistic as no one knows what your problem actually is going to be.
  • gordikin
    gordikin Posts: 4,422 Forumite
    You owe them the money. It may be their error but it's also your responsibility to ensure you are paying your bills. You need to contact them ASAP.
  • jenniewb
    jenniewb Posts: 12,843 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    Thanks.


    RE: calling first, I did call my bank, they couldn't answer, just said that they didn't know but could tell me when I was last charged.

    I did try the place itself earlier but they are only open to talk 9-5 monday to friday. I only just found out earlier today, am planning on calling but didn't want to be told anything by the company that possibly wouldn't be true then find them charging me automaticly and wiping me out.

    As much as I budget I've had an expensive few months with things breaking down, bills for utilities rising and travel fares climbing, its partly my problem for struggling and thinking my new budgeting skills had been working VERY well, infact it was all false and I've not done as well as I'd thought :(
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    You owe the money. Pleading poverty won't help. Borrow money from some friends to cover the difference between you owe and the money already taken from your account.
    "You were only supposed to blow the bl**dy doors off!!"
  • ~Beanie~
    ~Beanie~ Posts: 3,043 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What is the direct debit actually for and how much? If it is insurance or something you may find you aren't covered. Is it something you can negotiate to pay the arrears back over a few months?

    At the end of the day it is your responsibility, you should have noticed that you were only paying £2 per month and not spent the rest.
    :p
  • fozmcfc
    fozmcfc Posts: 3,098 Forumite
    Part of the Furniture Combo Breaker PPI Party Pooper Debt-free and Proud!
    I think it would be acceptable for the company to accept some sort of payment plan back to them.

    But the OP obviously now needs to re-budget to make sure that when the correct amount comes out next time they have the money.

    I'm surprised as the OP is bugetting, that they aren't keeping a closer eye on their account and therefore is does make you wonder if these few expensive months has meant they have left it rather than deal with it immediately.

    I have had a good experience of undercharging though.

    When my internet provider where charging me incorrectly for a few months, they actually wrote and said because it was their fault, they wouldn't be claiming back the money.

    Ok it was only a couple of quid a month, but still good customer service IMO.
  • pmduk
    pmduk Posts: 10,687 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    They can't take it all at once without notifying you first.
  • jenniewb
    jenniewb Posts: 12,843 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    pmduk wrote: »
    They can't take it all at once without notifying you first.

    Thanks :) This is what I needed to know!:money:
  • jenniewb
    jenniewb Posts: 12,843 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    ~Beanie~ wrote: »
    What is the direct debit actually for and how much? If it is insurance or something you may find you aren't covered. Is it something you can negotiate to pay the arrears back over a few months?

    At the end of the day it is your responsibility, you should have noticed that you were only paying £2 per month and not spent the rest.

    Its for a gym membership, I did get a deal last year where I so many months free (either 3 or 4) which is the reason why I joined. I have just come into my second year and am wondering if the same deal applies for the following year? Needless to say aside from the queues for machines at peak times (not a prob if I go early/late) I have not seem my membership altered as a result.

    I am going to the gym later today to face the music and point out the error to them though not sure if their admin department is open on a sunday.
    fozmcfc wrote: »
    I think it would be acceptable for the company to accept some sort of payment plan back to them.

    But the OP obviously now needs to re-budget to make sure that when the correct amount comes out next time they have the money.

    I'm surprised as the OP is bugetting, that they aren't keeping a closer eye on their account and therefore is does make you wonder if these few expensive months has meant they have left it rather than deal with it immediately.

    I have had a good experience of undercharging though.

    When my internet provider where charging me incorrectly for a few months, they actually wrote and said because it was their fault, they wouldn't be claiming back the money.

    Ok it was only a couple of quid a month, but still good customer service IMO.

    I know, I should keep a better eye on my bank account- I know its no excuse and wasn't trying to use lack of money as an excuse I was simply trying to point out why its something I'm worried about incase anyone things to suggest waiting it out to see what they do and then talking to someone, I wouldn't be able to deal with the consequences of that financially which is why I thought to mention the finance issue.

    As much as I budget, I do find it a constant struggle as prices change so much and I rarely can anticipate what charges will be on things like utility bills and etc. It also doesn't help with family expectations like birthdays and etc over the last few months plus making up for Christmas as well as having my own health related "stuff" which I wont go into details on here. I got rid of the mobile, lowered another outgoing and thought any credit to my account was as a result of my own efforts not a mistake by my gym!
    I know I'm stupid for not keeping a closer eye on things, bank statements cause me anxiety just my arriving on my door mat, I end up glancing over all the names and making sure I recognise them all, anything that I don't recognise I then fly across and see what the charge is and normally recognise it that way. I mainly look at my statement for fraud rather then to keep a budget but I do pull out mini-statements weekly to make sure I have enough to cover costs for the rest of the week.

    Glad to hear that things worked out for you, I hope my gym take a similar stand with me too.
  • gordikin
    gordikin Posts: 4,422 Forumite
    jenniewb wrote: »
    Thanks :) This is what I needed to know!:money:


    I'm not 100% sure they do have to tell you. If they do tell you they are going to take it and then do so will you be happy?
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