Incorrectly Charged by Another Council

The_Jester

I'm not sure where to post this so move if required.

I've recently discovered another council have deducted over £600 from my bank account since January despite never having lived in this other councils area!

When I contacted them today they apologised and explained someone had entered someone else's council tax number accidentally in to the bank account field and coincidentally we shared the same sort code. As it happens their council tax reference number and my bank account number were the same! So it was deducted from my bank account instead of their bank account.

I wondered why I was being charged bank charges when I'm normally quite disciplined that way. I really should have checked my bank account sooner but I've been quite complacent lately as I've been busy decorating my parents new house.

It's something I thought would never happen due to many safe guards (or so I thought).

The more I think about it I'm getting quite annoyed as I've missed several social functions from my last work as I was too skint. At the time I just put it down to overspending too much on my kids and DIY.

I'd like to know if I'm entitled to any compensation?

Thanks in advance for any replies.

bod1467

Was it direct debit? If yes then look to invoke the DD guarantee for an incorrect payment ... the money should be refunded by the bank AND any charges incurred therefrom should also be refunded.

Eydon

You're entitled to a refund of all the money they erroneously took plus any provable losses incurred as a direct result of their debits. So as long as you were never overdrawn by more that the amount of their debits each month I would think your bank charges would be fairly easy to prove.

Anything over and above that would be a good will gesture by the council.

McKneff

Maybe be a bit more vigilant at checking your banks statement.

They have been taking this since January and you've only just noticed.:eek:

visidigi

The_Jester wrote: »

.

I'd like to know if I'm entitled to any compensation?.

Put simply, no, maybe some goodwill if you're lucky but the money they took and any consequential charges (not including your party events...)

dalesrider

The_Jester wrote: »

I'm not sure where to post this so move if required.

Banking section would have been better.

The_Jester wrote: »

. I really should have checked my bank account sooner but I've been quite complacent lately as I've been busy decorating my parents new house.

Yet you berate someone who makes this very point....

The_Jester wrote: »

It's something I thought would never happen due to many safe guards (or so I thought).

Yes. The biggest one failed in their duty of care.
What safeguards are you thinking off?

The_Jester wrote: »

The more I think about it I'm getting quite annoyed as I've missed several social functions from my last work as I was too skint. At the time I just put it down to overspending too much on my kids and DIY.

And the point is?

The_Jester wrote: »

I'd like to know if I'm entitled to any compensation?

Thanks in advance for any replies.

No compensation other than money and charges back.

How did they take the payments?
DD or via your card?

If its either method, then contact bank and get money refunded and charges removed.

The_Jester

I had a free 30 minute consultation with my unison solicitor yesterday. It seems I am entitled to compensation as a direct result of these unauthorised transactions. He also explained to me how the direct debit system works and my bank should have systems in place for ensuring the direct debit request matched my own details.

He's sending me out a letter explaining any action I should take and the relevant banking code of practice. It's legislation that's hidden from the customer in instances like this. And all free through my union

It's also quite clear to me now never to ask a question like this on this forum again as many posters have no idea what they are talking about.

wealdroam

The_Jester wrote: »

And all free through my union

So you don't pay any union fees then?
OK.

The_Jester wrote: »

It's also quite clear to me now never to ask a question like this on this forum again as many posters have no idea what they are talking about.

Read the thread again.

You will see that all the advice you were given here is exactly the same as your union rep has given.
And the advice you got here really was free.

The only point where your union rep is wrong in about the additional compensation you are entitled to.

You may well be able to get a goodwill gesture from your bank, but it is not an entitlement.

The_Jester wrote: »

Legislation hidden from the customer...

What legislation is that then?
Care to enlighten us all?

Please keep us informed on your progress with your claim.

neilmcl

So what losses have you incurred then OP that will entitle you to compensation?

mountainofdebt

The_Jester wrote: »

I had a free 30 minute consultation with my unison solicitor yesterday. It seems I am entitled to compensation as a direct result of these unauthorised transactions. He also explained to me how the direct debit system works and my bank should have systems in place for ensuring the direct debit request matched my own details......

........It's also quite clear to me now never to ask a question like this on this forum again as many posters have no idea what they are talking about.

As does your Solicitor who sounds like a right idiot.

The Council have admit that a mistake was made and that mistake was caused by a 1 in billion chance that the other person's council tax reference was the same as your bank account number and that they banked at the same bank as you .

Yes the person who did the input should have thought that weird same bank account number as council tax reference but it was probably someone who was either busy gossiping at the time or bored out of their brains.

You've been told that you will get a refund together no doubt with your bank charges refunded nicely but compensation for missing a few work dos....!!!!!! is the world coming to ???

Agricolae

According to the Payment Services Directive (not sure if it applies to D/Ds though) a person's account is identified by their account number and sort code, and not by the name, address or any other identifier.

Therefore there are no such safeguards. What happened is still a mistake on the part of the council and you would be entitled to compensation for the financial loss stemming directly from the error.

Realistically this means, as others have said, you can get back all the payments taken in error and any charges from the bank which resulted. I find it unlikely that anyone would say you should be compensated for missing some work dos or for your annoyance.