Direct Debit Indemnity, am I legible?

brownie_09

Me being a bit thick and unobservant ive just noticed for the past 24 months (and beyond) that o2 have been taking money out of my account.

I haven't had a contract with them for around 2 years (or so i thought). Coming up to the end of that o2 contract i went into the phones 4 u shop were they offered to buy out the remainder of the contract and start a new one with Vodafone.

Now due to my own stupidity I assumed that therefore ended my contract with o2 there and then.

It didnt, now all today ive been on the phone to o2 speaking to them and they said that this is entirely my fault and that I should have phoned up to cancel the contract myself which I now gather. But at the time I assumed with what was happening with phones 4 u that it would just end then.

Basically is there anything i can do to get my money back and would I be able to claim my money back via direct debit indemnity?

Any help would be great!

meer53

Is it a direct debit ? Could be a continuous authority payment, Thats the first thing you need to ask your bank. If the contract with 02 wasn't cancelled i can't see that you will get anything back from them.

brownie_09

Online it says direct debit and when I phoned the bank they did say it was a direct debit too. I am pretty much just trying my luck just to see if there is anyway I can get it back.

Mikeyorks

It's the Direct Debit Guarantee ......... and the critical bit is that an error needs to have been made by the retailer or your Bank before it can be invoked.

As that isn't the case ..... you really need to ask o2 to be good enough to make a refund as you've been paying for an unused service?

brownie_09

Those were my thoughts, hopefully they will! But I wont hold my breath.

Thanks

pmduk

Did Phones 4 u say they would actually cancel yourcontract? if so, you could ask them they failed to do so. Otherwise, I reckon you're stuck with paying. This is why Martin tells people to check their direct debits throughly (and regularly) to ensure you're only paying for items you want.

brownie_09

Ive spoke to phones 4 u as it was 2 years ago I cant recollect the conversation and wouldnt be able to prove if they did say something. But as they said I am the only person who can cancel a contract. I just told them I thought it was pretty sly of them not to make people aware that they need to cancel the contract themselves when they offer to buy out the contract.

I will most certainly be checking my statements more thoroughly from now on, I used to check them but obviously I was only glancing over them. Learned the hard way!

jalexa

brownie_09 wrote: »

Coming up to the end of that o2 contract i went into the phones 4 u shop were they offered to buy out the remainder of the contract and start a new one with Vodafone.

Did you use a PAC code (is that what its called?) to transfer your number? If so the contract is automatically cancelled on the number transfer.

If so raise a formal complaint with O2. Then if not satisfied refer to their alternate dispute resolution provider. I don't think they have a leg to stand on.

brownie_09

thanks for all the help, unfortunately I dont have a leg to stand on, but O2 have offered to meet me half way in the sum of £400, which is better then nothing in the end.

So thanks for all the information!

(Make sure you check your direct debits)

Ben8282

If £800+ had been paid out from my bank account over the last 2 years I would have known about it. Do you really only check your statements once every 2 years???

brownie_09

No it was £35 a month and when I checked it just didnt stand out. I check my statements regularly but when looking I never noticed it.

I feel daft and stupid.