Wrong day Direct Debits and bank charges help.

johnboi81

Update:

I have since received confirmation in writing from scott & co stating that they had asked for the DD payments to come off on a Tuesday. Thus now proves that these DD’s did come off on the wrong day.


I have spoken to the bank and asked them to return these payments and charges under the DD guarantee and they told me that they could only give me an £80 good will gesture and could not return the charges I incurred due to the wrongly taken DD’s.


So it now looks like we will lose hundreds of pounds in charges due to a DD I never set up.

stclair

johnboi81 wrote: »

Update:

I have since received confirmation in writing from scott & co stating that they had asked for the DD payments to come off on a Tuesday. Thus now proves that these DD’s did come off on the wrong day.


I have spoken to the bank and asked them to return these payments and charges under the DD guarantee and they told me that they could only give me an £80 good will gesture and could not return the charges I incurred due to the wrongly taken DD’s.


So it now looks like we will lose hundreds of pounds in charges due to a DD I never set up.

If your disputing the transactions the bank should also refund the bank charges.

Buzby

If you 'never set up' the DD, how did they now what account to debit? The DD mandate is very clear, it is for unspecified amounts, unspecified dates and an unspecified frequency. The DD guarantee is sexless in the face of this as the originator takes what they want, when they want and as often as they want completely legally.

To work the mandate itself must state the requirements of only Tuesdays, or 1st of Month - if not, you are leaving yourself wide open to fight and get your money back. The guarantee doesn't cover consequential losses, so if you've other failed payments they do not count, but the bounced fees are yours to pay alone.

stclair

Buzby wrote: »

If you 'never set up' the DD, how did they now what account to debit? The DD mandate is very clear, it is for unspecified amounts, unspecified dates and an unspecified frequency. The DD guarantee is sexless in the face of this as the originator takes what they want, when they want and as often as they want completely legally.

To work the mandate itself must state the requirements of only Tuesdays, or 1st of Month - if not, you are leaving yourself wide open to fight and get your money back. The guarantee doesn't cover consequential losses, so if you've other failed payments they do not count, but the bounced fees are yours to pay alone.

The payment service directive states that if you dispute a transaction the bank should put you back in the same position before the issue occurred. So that would mean refunding bank charges.

~Beanie~

Surely if they are claiming the direct debit on a Thursday instead of Tuesday, then the money should still be in the account?

Likewise Mondays. Say you get paid Tuesday 1st of a month, the debit is claimed Monday 7th, the funds should still be there to take?

johnboi81

~Beanie~ wrote: »

Surely if they are claiming the direct debit on a Thursday instead of Tuesday, then the money should still be in the account?

Likewise Mondays. Say you get paid Tuesday 1st of a month, the debit is claimed Monday 7th, the funds should still be there to take?

it was coming out on a monday and should have been a tuesday each week.

johnboi81

stclair wrote: »

The payment service directive states that if you dispute a transaction the bank should put you back in the same position before the issue occurred. So that would mean refunding bank charges.

were do i get this information so i can look at it?

YorkshireBoy

johnboi81 wrote: »

were do i get this information so i can look at it?

https://forums.moneysavingexpert.com/discussion/4558785

See post #7

matttye

Yes your bank is talking rubbish and MUST refund you straight away as the payment transaction was incorrectly carried out. If it's not possible for day of week direct debits, neither the debt collector nor the bank should have taken such an instruction.

The law is on your side... as long as you keep the written evidence that they agreed to take payments only on a Tuesday, you should be sorted

stclair

johnboi81 wrote: »

were do i get this information so i can look at it?

http://lmgtfy.com/?q=the+payment+service+directive