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Direct debits and consequent bank charges

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Hi, I would like some information regarding the DD debit Guarantee.


If a direct debit is taken from my account wrongly and I then receive a bank charge for going into an unplanned overdraft (£30) would I be able to claim back both the wrongly deducted DD and the charge relating to this, or am I only entitled to the wrongly deducted DD thus leaving me with a bank charge to pay that is no fault of my own?.

Comments

  • stclair
    stclair Posts: 6,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes if the claim falls with the Direct Debit guarantee scheme remit.
    Im an ex employee RBS Group
    However Any Opinion Given On MSE Is Strictly My Own
  • johnboi81
    johnboi81 Posts: 14 Forumite
    edited 19 April 2013 at 4:26PM
    stclair wrote: »
    Yes if the claim falls with the Direct Debit guarantee scheme remit.

    were does it say this?

    The bank told me today that it is not obliged to give me the charges that I incurred due to the incorrect DD.

    I am confussed.
  • stclair
    stclair Posts: 6,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    johnboi81 wrote: »
    were does it say this?

    The bank told me today that it is not obliged to give me the charges that I incurred due to the incorrect DD.

    I am confussed.

    It's part of the payment service directive. Which says the bank has to put you back in the same position prior to disputed transaction taking place.
    Im an ex employee RBS Group
    However Any Opinion Given On MSE Is Strictly My Own
  • Sensory
    Sensory Posts: 497 Forumite
    Part of the Furniture 100 Posts Name Dropper
    These case studies may help, depending on the nature of the dispute.
  • stclair
    stclair Posts: 6,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sensory wrote: »
    These case studies may help, depending on the nature of the dispute.

    That might be out of date now as the payment service directive was not introduced until 2009.
    Im an ex employee RBS Group
    However Any Opinion Given On MSE Is Strictly My Own
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    stclair wrote: »
    It's part of the payment service directive. Which says the bank has to put you back in the same position prior to disputed transaction taking place.
    Specifically, regulation 61(b) [cross referenced with others]...

    http://www.legislation.gov.uk/uksi/2009/209/pdfs/uksi_20090209_en.pdf (page 38)
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