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late payment charges

My mobile direct debit bounced, so I paid it over the phone. While doing so, the operator told me that I would get an admin charge for making the payment, plus a charge of about £23 for having missed the payment in the first place, and would have to pay a further charge in order to re-set my direct debit.

When I queried this, I was told that the company was unable to "go into every little detail" when organising the initial contract.

Has this happened to anyone else? Any suggestions gratefully received - thanks.

Comments

  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My mobile direct debit bounced, so I paid it over the phone. While doing so, the operator told me that I would get an admin charge for making the payment, plus a charge of about £23 for having missed the payment in the first place, and would have to pay a further charge in order to re-set my direct debit.

    When I queried this, I was told that the company was unable to "go into every little detail" when organising the initial contract.

    Has this happened to anyone else? Any suggestions gratefully received - thanks.

    This charge is unlawful. Ask them nicely to waive the charge on this occassion. Let them know what a good customer you are. If they refuse, and you really want the money back. Write them a couple of letters officially requesting the money back. If they still refuse you can take them to court and force them to repay it.

    See http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632, for details.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    The link is to reclaiming bank charges not a link to telling the mobile phone company that they are taking the **** in regards to charges.

    However the second poster is right. The mobile phone company is charging you way too much. The only time I had to pay a charge was when I changed banks and my previous bank decided to be an *** so didn't forward all the information to the other bank and my Direct Debit bounced. The charge was about £3 and this was about 14 months ago. The charge for setting up a new Direct Debit was nothing.

    Under the Unfair Terms in Consumer Contracts the mobile company can only charge the actual cost of the admin charge for you to pay the money by non-Direct Debit means and any interest payments if you paid your bill more than 28 days late. To set up a Direct Debit costs them nothing or even if it did cost them something it would be not be much more than the charge for not paying by DD.

    Read your mobile bill or look at the mobile companies website. You will find that the penalty charge for not paying by Direct Debit is something like £3.

    First do what the second post said and phone them up and be nice asking them to waive the charges.

    If they refuse then start sending letters. In the letters:
    1. State that they have breached the Unfair Terms in Consumer Contracts Regulations
    2. That the cost of not paying a bill by Direct Debit is £x
    3. That you don't give them authority to take the money from you
    4. They are to drop the charges
    5. You expect a reply within 21 days.

    After 21 days if they haven't replied repeat your letter asking for a reply within 14 days and state that you will take the matter further including reporting them to the regulator, OFCOM.

    If they don't drop the charges or you don't hear from them then phone up OFCOM and make a complaint as your situation is deadlocked. If they take the charges by Direct Debit from your bank account, write to your bank and request the money back under the Direct Debit guarantee (don't phone the bank as some banks lie about your right to use this ) and sent a copy of your letter to the mobile company incase you do have to use the regulator as you need to come across as reasonable.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • thanks for your input on this...I will follow you suggestions and post again with the results of this...
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