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Direct Debit

Hi,

A few days ago a Direct Debit appeared on my Account. This was (to me) for a sizable amount of money from a company I had never heard off before.

I have not signed or agreed to any DD's that are not accounted for already.

I have no easy way to contact the firm, so I spoke to the Bank. I was told simply that it was a third party matter and there was nothing they could do about. I followed this up with an in Branch visit and was told exactly the dame. They will do nothing about it!

This strikes me as very very wrong.

In addition to this happening, I was then charged £30 for going over my overdraft when another payment came out (one that I was happy to pay!) and was again told this wasnt thier problem and that I should have had sufficient funds to cover my Direct Debits. You can imagine what I wanted to scream at the person on the phone who apparently really couldnt care less.

The Bank involved is Nationwide and the DD is for AXA PP which I have been told is a reputable company. I have tried to contact them by phone, but after 30 mins in a queue on more than one occasion I am getting fed up.

My question therefore is who can I take this too who wont tell me its my fault and how do I go about it?

I was gonig to write to AXA but dont know where to start.

Any help would be most appreciated.
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Comments

  • Bossyboots
    Bossyboots Posts: 6,759 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Contact your bank again and invoke the direct debit indemnity. Tell them that you did not authorise this direct debit and it has been taken in error. The bank HAVE to refund you within 24 hours.

    It seems that it is all too common for banks to pass the buck when the indemnity can be used. Stand your ground with them and tell them it is their responsibility to pay you back.

    It doesn't matter that Axa is a reputable company. It only takes a member of staff to key the wrong digit and the money goes from the wrong account. Because there are systems to allow firms to set up remote DDs without a signature from the customer this can all too easily happen.

    The law is on your side. This is the banks responsibility.
  • If a debit has gone through your account that you have not authorised the bank must investigate this on your behalf, don't be fobbed off.
  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You need to invoke the Direct Debit Guarantee (the indemnity is internal to the Banks) .. as here :-

    http://www.bacs.co.uk/BPSL/directdebit/generalpublic/yourrights/

    .... but stand your ground as a lot of banks seek to persuade you need to contact the party that made the Debit. Which is incorrect.

    But do check absolutely that you haven't signed anything for Axa (Health Insce??)! As it's unusual for Banks to admit a DD without having a DD Mandate that you've authorised.
    If you want to test the depth of the water .........don't use both feet !
  • Bossyboots
    Bossyboots Posts: 6,759 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Mikeyorks wrote:
    As it's unusual for Banks to admit a DD without having a DD Mandate that you've authorised.

    I was quite shocked to find out from these forums that there is now a form of DD that can be set up without the banks having the mandate. Hopefully the person who knows about it will be on at some time to explain it again. If I get a chance tomorrow I will do a search for the info if its not already posted.
  • Moonbeam
    Moonbeam Posts: 490 Forumite
    Definately go back to bank and get a Direct Debit Indemnity Claim Form completed - they should credit the money back into your account and then contact the company concerned to chase them for the funds.

    All part of the Direct Debit Guarantee....

    I'd also keep an eye on your account in case there is any other activity you're unsure of.
  • belfastgirl23
    belfastgirl23 Posts: 8,026 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    You should try nationwide again. They have been really good the couple of times that unauthorised transactions went through my account (once fraud, once retailer mistake) and refunded the £ straight away. Perhaps you got the wrong person? I wonder if they treated it as an unauthorised transaction would it get hte processes in place? Good luck.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    FumingMad wrote:
    I was gonig to write to AXA but dont know where to start.
    You could always try ringing AXA; it's a large insurance company and AXA PPP is their healthcare arm on 0800 454 080.

    It's a free number and, especially if there was any reference number attached to the DD, they may be able to tell you whether they have a record of you and maybe whether there has been a mistake or not.
  • greyteam1959
    greyteam1959 Posts: 4,745 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do NOT contact AXA it is the banks resposibility to sort this out immediately.
    It should be sorted as you are on the phone to them.
    Not in 1 day or 2 days but immediately.

    Note to Bossyboots
    You can set up a Direct Debit on the phone these days you do not need to sign anything anymore.
  • Bossyboots
    Bossyboots Posts: 6,759 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    mervyn11 wrote:
    Do NOT contact AXA it is the banks resposibility to sort this out immediately.
    It should be sorted as you are on the phone to them.
    Not in 1 day or 2 days but immediately.

    Note to Bossyboots
    You can set up a Direct Debit on the phone these days you do not need to sign anything anymore.

    Agreed, do not contact AXA.

    Someone once posted here the acronym used for setting up a DD with no paper mandate but for the life of me I can't remember it.

    I have tried to set up a DD for my Tesco credit card but they then say you have to sign a DD form and send it back. I suppose I can understand their caution, but it would be far less hassle if I could instruct them to simply do it through the secure website. (Although I will admit to not having tried since they set the new site up).
  • JohalaReewi
    JohalaReewi Posts: 2,614 Forumite
    mervyn11 wrote:
    Do NOT contact AXA it is the banks resposibility to sort this out immediately.
    It should be sorted as you are on the phone to them.
    Not in 1 day or 2 days but immediately.

    Unfortunately, the direct debit guarantee only guarantees a full and immediate refund of the DD amount. To get this, you contact your bank.

    It does not cover any bank charges etc. that arise as a consequence of the DD. You would appear to have to claim these from the company that made the erroneous DD. :(:(
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