Who sould be liable for these mobile phone account chargers?

cduuffo13

• October: Mobile Phone Bill produced = £38.00

On the 2nd November (payment day) £38.00 was taken from my bank account but failed due to insufficient funds . I had £30.00 In my bank

I phoned up to make an enquiry to why my bill was £38.00, found out they made a mistake... on the 4th November that my Bill should only be £28.00 and was adjusted . So Now October Bill = £28.00

---

Due to this,

• they attempted to take £38.00 twice which left me with 2 x Bank chargers with Barclays, £8.00 each ...
• T-Mobile added a £5.00 Missed Payment Charge because the £38.00 transaction as requested wasnt successful.
• Because they attempted but failed twice to take £38.00 they deleted the direct debit, So they added a £2.50 None Direct Debit Charger.

All togother, including Barclays,

£8 x 2 = £16
£2.50
£5.00

£23.50

Am i entitled for these to be refunded? and how would i get T-Mobiled to Pay for my Bank Chargers?

Seems unfair to me..

Thanks

latecomer

not sure you've got a leg to stand on - preusmably they notified you what they were going to take or let you know your bill was ready and its your responsibility to make sure sufficient funds are available.

That said you could argue as it was their mistake they should refund the charges. If nothing else make sure you check your future bills to prevent it happening again as it will be noted on your credit report which is something that should concern you.

NFH

It sounds to me as if T-Mobile are liable in law for all the charges, so pursue them. In any case, tell your bank to reject the direct debit as "amount not due". Your bank may refund the charges in addition to their obligation to immediately reverse the transaction. Unfortunately the Direct Debit Guarantee is not written in such a way to cover consequential losses - one of the many flaws of the direct debit system, which puts the supplier, and not the consumer, in control.

NFH

latecomer wrote: »

preusmably they notified you what they were going to take or let you know your bill was ready and its your responsibility to make sure sufficient funds are available.

Indeed. As latecomer says, they are required to give you 10 working days' notice. Presumably they didn't notify you, otherwise you would have foreseen this event? This is another reason that the bank should reject it as "amount not due", which would supersede insufficient funds as the reason.

cduuffo13

Thanks guys, I think they did send me a text saying my bill was due, I have been given a reinbursemrnt for the £5.00 missed payment charge, still arguing the £2.50

. thanks

masterlumps

but the bill stated 38.00, even though it was an error they did bill you for that and would argue the charges saying you should have questioned the bill BEFORE payment was due to come out

Guys_Dad

cduuffo13 wrote: »

Thanks guys, I think they did send me a text saying my bill was due, I have been given a reinbursemrnt for the £5.00 missed payment charge, still arguing the £2.50

. thanks

1. How many days before taking the DD did you get the text?

2. Did it specify the amount?

Very important points as if it was "in time" and DID specify the amount (not where you had to log in to find out) then it's your problem, not theirs, even if the amount was wrong. If not, then you have a consequential loss claim.

NFH

Guys_Dad wrote: »

2. Did it specify the amount?

Very important points as if it was "in time" and DID specify the amount (not where you had to log in to find out) then it's your problem, not theirs, even if the amount was wrong.

I don't think the text needs to give the amount, as long as it states there is a bill waiting to be viewed or downloaded. In other words, the bill is the notification and the text is merely a notification of that notification. What is definitely wrong is where a supplier makes an online bill available on their web site but does not notify the customer of this; I've had this problem with TalkTalk and Sky for example, which is definitely in breach of the Direct Debit Guarantee.

cduuffo13

Got most of my problems resolved,

get all my chargers that t-mobile billed my refunded, but not queryed the bank charge

not sure how to go about this..

latecomer

Your bank wont refund it as it was correct in charging - you need to ask T-mobile to refund them too and as its refunded the rest presumably they accept it was their fault and hence should pick up your bank charges too.