Santander unaware of Direct Debit Guarantee

Joolsx

Hi, was just wondering if anyone has any advice.

About three years ago now, I went in to my Santander branch to cancel a direct debit, the woman typed about on her computer, said it was done and that it might not cancel the upcoming one as it was only a few days away but after that it would be. I was cancelling everything on there with a view to cancelling my account with them, as I thought they were awful.

Any way, a few months later, I was getting letters and phonecalls about my unarranged overdraft as the direct debit had apparently been coming out for the past few months and had never been cancelled. I went into branch, phoned and wrote to them explaining this, I never got any replies to my letters but in the branch and over the phone they kept telling me I had to cancel with the company I was paying and still owed them. The woman in the branch never mentioned this and I used to process direct debits and if they bounced often the customer will have cancelled with their bank and didn't tell us, so I don't understand how they were telling me this, also on the Direct Debit Guarantee it says you can cancel at your bank at any time.

THe 'unarranged overdraft' eventually grew to just over £200, and I have sent about three letters explaining why I was not paying it. For about a year they stopped sending letters and I figured that was it over, but for the past few months I have been getting letters from Moorcroft debt recovery and more recently a Midas debt recovery company, which is now the third debt receovery company they've used, threatening me to go to court etc.

I was wondering if I am in the right here and also if they would take me to court for about £220?

I have no problems paying what I owe but as far as I know they are completely in the wrong.

Any help much appreciated!

talana

on the Direct Debit Guarantee it says you can cancel at your bank at any time.

Yep, in writing though. And you still ideally need to contact the company and cancel with them.

I have no problems paying what I owe but as far as I know they are completely in the wrong.

Perhaps, but I don't like your chances of arguing the case 3 years after the event. Really you needed to stick to your guns at the time .

Joolsx

The direect debit guarantee specifies contacting your bank at any time, then 'written confirmation may also be required,' not in every case.

And I did stick to my guns, I was never off the phone to them and in and out of the branch constantly, and sent several letters.

YorkshireBoy

talana wrote: »

And you still ideally need to contact the company and cancel with them.

The OP has selectively quoted from the DD guarantee. The bit they omitted is...

"You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation."

Really you needed to stick to your guns at the time .

...via the lodging of a formal complaint.

OP, does this mean you have been paying twice for whatever the DD was for? Or, as is often the case with similar queries posted on here, did you (try to) cancel the contract by stopping the DD with the bank, and simply abandon any responsibility for paying what was contractually owed?

thenudeone

Most bank staff have the same low level of knowledge - I had the same with mine (Co-op) some years ago.

A mobile phone company calltaker once refused "for data protection reasons" to tell me whether they had used a credit reference agency in assessing my application . In fact they are legally obliged to tell applicants the identity of any CRAs they have used.

It's not just Santander staff or even bank staff - poor training is endemic amongst ALL customer service staff IMO.