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robbed by o2 - HELP

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Comments

  • byjimini
    byjimini Posts: 288 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I did the same thing in April, I took out a contract then cancelled it and returned the phone within the 14 day cooling-off period.

    After leaving the shop I went into the bank (just next door, very handy) and made sure the direct debit was cancelled too.

    O2 have a habit of doing this, which I was aware of at the time, so I wanted to make sure everything was sorted.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Sorry, guys, re-read the last couple of posts. I posted my comment on the basis that OP was swapping handsets but staying with O2, as per the t&c I posted from their web site.. Otherwise, Buzby, I agree with your post.

    Sorry for any confusion.
  • Invoke the direct debit guarantee- see below

    Be persistant and also put it in writing, don't take no for an answer

    Organisations using the Direct Debit Scheme go through a careful vetting process before they're authorised, and are closely monitored by the banking industry. The efficiency and security of Direct Debit is monitored and protected by your own bank or building society.
    The Direct Debit Guarantee applies to all Direct Debits. It protects you in the rare event that there is an error in the payment of your Direct Debit.



    Direct Debit Guarantee
    • The Guarantee is offered by all banks and building societies that accept instruction to pay Direct Debits
    • If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request
    • If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.
      • If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to
    • 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.
    baldly going on...
  • Hi again guys. I have been very lucky and have had the full amount refunded into my bank account. Surely this means o2 are taking the blame for this mistake as i was given the 14 day cooling off period? If this is the case do you think I could make a compensation claim as I have just spent the last month in the red with the bank and with absolutely no money to live off?thanks again for all your help
  • Buzby
    Buzby Posts: 8,275 Forumite
    edited 25 July 2012 at 4:12PM
    Regarding the DD T&C highlighted section, I see where you are coming from, but the issue of what is 'correct' is the killer. The consumer is left to swivel if they maintain the debt or amount is correct. This leaves the customer no further forward - his bank ms agree a recall on an indemnity basis, but this leads invariably to a 'failed DDM' charge by the merchant who then reports it as a missed payment.

    I cannot see how a DD can be 'good' for the consumer. Who needs a financial Power of Atorney when a DD can be used instead? If the user is clueless and needs someone to look after their affairs, it might have limited use. For he vast majority who can remember when to pay their bills, giving multiple third parties free reign to help themselves when and as often as they want is overkill, and not required.

    TattyB - the money has not been returned by O2 but by your bank. this is very different from them agreeing they made a mistake. As the next step is usually a Debt Collection referral, keep an eye on your credit file - the battle s just beginning.
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