direct debit not taken ?

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hiya, i took broadband out 6 months ago. When i joined i set up a direct debit which i assumed was being taken, i got a bill 3 days ago for 140 pound.

i rang them up to ask what was going on they said they hadnt been collecting my direct debit so i owe them 80 pound by first of may or my broadband would be turned off.

i told them i couldnt physically afford it as i didnt have the money in my bank for 7 weeks as i have just changed jobs and have only managed to save up enough to get me through to my next pay cheque.

she said i should of checked my online bills, which i think is rediculous as i had a direct debit set up.she did confirm they had taken my bank details to set up a direct debit but hadnt set up a direct debit.

do i have any legal rights regarding this ?. i dont think its fair im gonna have my internet disconnected (yet still be charged for it) based on there error/demand for a random payment amount when i cant afford it.

i even moved house last month without them mentioning it :S
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Comments

  • Hazzanet
    Hazzanet Posts: 1,713 Forumite
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    Did you not notice that the Direct Debit wasn't being taken and the money not being deducted from your bank balance for six months?
    4358
  • Torry_Quine
    Torry_Quine Posts: 18,834 Forumite
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    Of course you have to pay it. Yes they made a mistake in not taking the direct debit but you should have checked your account and seen that. As you seem to have spent the money wasn't it obvious that you were spending more than you should have?
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • macman
    macman Posts: 53,098 Forumite
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    Bear in mind that they've effectively given you 6m interest free credit already. It seems strange that if money is so tight you didn't notice this DD not going out? Do you not check your bank statements or your online billing?
    On what basis is the £80 calculated, if the bill is for £140?
    No free lunch, and no free laptop ;)
  • bod1467
    bod1467 Posts: 15,214 Forumite
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    Late payment charges? Non direct-debit fees?

    But if the supplier is at fault (for not taking the payments) then (IMO) it is unfair to expect a customer to make a one-off payment of the outstanding balance - they should offer a repayment plan (e.g. pay 2x monthly payment until bill is settled).
  • gycraig_2
    gycraig_2 Posts: 533 Forumite
    edited 29 April 2013 at 11:49AM
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    Wow lot a lovely forum.

    I haven't said I shouldn't have to pay it. Iv said I can't afford to Pay the 80 quid they want by the first ATM.

    why would i notice i have 22 quid extra a month :S its not like its 170 quid car insurance not being taken

    Money hasn't been tight till now if they had asked me say last month I would of just paid it.

    Why would I check my bank to make sure all my direct debits are going oSut. I have phone. Broadband.gym. Council tax gas and electric. Loans. Car insurance.

    I just assume that when I set up a direct debit it should be taken. I have no problem paying the direct debit for 2 months then wiping my bill clean with first payment from my new job. Or paying an extra 10er on my bill till its paid off.

    But I'm not having my broadband cut off for a time and being charged for broadband I haven't got because I can't afford to pay 80 quid because they haven't taken my money despite taking my card details.

    Just seems very unreasonable to send me a first letter warning me if a large amount due in 5 days Woman on the pone had the attitude of "pay it in 5 days or have it disconnected which IMO is wrong as its there error
  • kwikbreaks
    kwikbreaks Posts: 9,187 Forumite
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    So are you looking for solutions or sympathy?

    If it's solutions then this isn't the best board as it's a technical internet one not a financial advice one - check the other boards for a more suitable one. FWIW I'd suggest you call tham back and see if you can get a more sympathetic rep as I don't think asking for a large amount with next to no notice is overly fair either.

    If you are looking for sympathy you are certainly on the wrong board because I'm yet to see a sympathetic reply to anything here - it's always "you should have read the contract, checked your bank account, etc. etc." all of which is usually perfectly true but of no actual practical use to the poster.
  • PollyOnAMission
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    gycraig wrote: »

    Why would I check my bank to make sure all my direct debits are going oSut. I have phone. Broadband.gym. Council tax gas and electric. Loans. Car insurance.

    So you don't end up being landed with a massive bill like you have been, unfortunately :(

    It's unfortunate for you and yes, it's fair enough that you'd assume they would set up a DD when asked. But the only way you can really be sure is it check it yourself. It might be worth you checking your bank account monthly (as a minimum) in future because, unfortunately, these things sometimes go wrong.

    I'm quite surprised the company didn't contact you earlier rather than waiting until you'd had six months of not paying. But with the situation as it is, I'd have thought the best you could hope for would be some kind of payment plan as a gesture of good will. Try to be as nice and calm as possible with you speak to them; if it comes down to a human decision at the end of the day then politeness, not anger, will get you further.
  • StuC75
    StuC75 Posts: 2,065 Forumite
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    Hope thats meant tongue in cheek..

    Err to check that what should be going out has been going out. Likewise check your bank to ensure no suspicious transactions go out.

    In budgeting my account I have a list of what goes out the bills account in the month, transfer enough into there each month to cover what comes out before my next payday.. that way if a DD wasnt taken then I know the money would still be waiting in there..
    gycraig wrote: »
    Wow lot a lovely forum.

    I haven't said I shouldn't have to pay it. Iv said I can't afford to Pay the 80 quid they want by the first ATM.

    why would i notice i have 22 quid extra a month :S its not like its 170 quid car insurance not being taken

    Money hasn't been tight till now if they had asked me say last month I would of just paid it.

    Why would I check my bank to make sure all my direct debits are going oSut. I have phone. Broadband.gym. Council tax gas and electric. Loans. Car insurance.

    I just assume that when I set up a direct debit it should be taken. I have no problem paying the direct debit for 2 months then wiping my bill clean with first payment from my new job. Or paying an extra 10er on my bill till its paid off.

    But I'm not having my broadband cut off for a time and being charged for broadband I haven't got because I can't afford to pay 80 quid because they haven't taken my money despite taking my card details.

    Just seems very unreasonable to send me a first letter warning me if a large amount due in 5 days Woman on the pone had the attitude of "pay it in 5 days or have it disconnected which IMO is wrong as its there error
  • dodger1
    dodger1 Posts: 4,579 Forumite
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    It never ceases to amaze me that people don't bother checking their bank statements. Maybe I'm just easily amazed ;)
    It's someone else's fault.
  • gycraig_2
    gycraig_2 Posts: 533 Forumite
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    dodger1 wrote: »
    It never ceases to amaze me that people don't bother checking their bank statements. Maybe I'm just easily amazed ;)

    i work cash in in hand so just made sure i had over 150 quid in and topped it up when it dropped under that.

    i dont CHECK my statements i do check them on the computer in branch to ensure nothing that shouldnt of come out has.

    i have probably posted this in the wrong section, which is the correct one please
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