Direct Debit Problem - Car Phone Warehouse

Debs0778

I'm after some advice please

I took out a new contract with CarPhone Warehouse on 23/12. I provided my bank details, verified them by chip and pin and have a copy of the DD Mandate showing these, however on 16/1 they attempted to take the DD from another account I hold but no longer use (I had a contract with them approx 6 years ago when this was my account).

The first I knew about this was when I received a letter from the Clydesdale advising me of a £35 charge for requesting unauthorised borrowing and returning the item.

I've spoken to them and explained the situation so they've cancelled the DD but insist the charge stands. I've also spoken to the Network (Three) who insist that the details used were provided by CarPhone Warehouse - they now have my new details.

Next step is Carphone Warehouse........has anyone been in this position before or who could tell me what rights I have here. As I said, I have the signed mandate with my current bank details which they havent used. As well as spending over an hour on the phone about this, its cost in excess of £5 for the calls and I have the £35 charge being imposed.

Guys_Dad

Strikes me that you should have no problem in getting your money refunded here - hassle, yes.

CPW and the bank have no authorisation for the erroneous DD. Your signature or agreement is on another account. If CPW processed the wrong information, then the DD protection system should protect you from any penalty.

I would either write to your bank with proof of the error or make an appointment to see the branch manager, making it very clear that the DD was not authorised and that the indemnity scheme covers you against unauthorised DDs. Point out to them that failure to reinstate the charges will be followed by a complaint to the banking ombudsman and a letter to Tony Hetherington on the Money Page of the Daily Mail.

In fact, that would be the best route for you as, if it is printed and taken up by him, you would be likely to get £50 compensation as well judging by previous experience.

Debs0778

Thanks!

The bank told me it was the fault of CPW and that the charge must stand as it was their error. I actually questioned the fact it was without my permission...........I'll take it up with them as you suggest

dalesrider

Debs0778 wrote: »

Thanks!

The bank told me it was the fault of CPW and that the charge must stand as it was their error. I actually questioned the fact it was without my permission...........I'll take it up with them as you suggest

Under PSD (payment services directive) you cannot be charged for a error such as this.
Had this debited. You would have been able to get the DD returned and the bank would have to write off any charges.

Go back to the bank quote PSD and advise that if not resolved by the removal of the charge you are COMPLAINING. As such they have to log that complaint. If not resolved in 8 weeks it can then go to FOS. £750 charge to the bank....
They will back down once their customer relations team get involved.