Direct Debit drama

Aquamania

Archi_Bald wrote: »

The DD guarantee states

http://www.directdebit.co.uk/DIRECTDEBITEXPLAINED/Pages/DirectDebitGuarantee.aspx

Where in the OP's case has an error be made by the CC company of the bank?

No proof or evidence is required

As I said, the paying bank is expected to take the word of the payer in any claim.

If such a refund was erroneous and would result in the Payer still owing the Payee money, then the payee can ask for it back from the payer.

But from how I understand this thread the OP does not currently owe the credit card company anything.


But I agree with your other comments about the OP effectively keeping a dog and barking themselves. It does seem very strange and I suspect we'll never get to find out the reason from this brand new user.

YorkshireBoy

Aquamania wrote: »

No proof or evidence is required

As I said, the paying bank is expected to take the word of the payer in any claim.

The direct debit guarantee does not define "immediate" (refund). Nor indeed does it cover (in itself) consequential losses, ie bank charges.


However, the payment services regulations do...and they define "immediate" as being by the end of the business day, or by the end of the next business day if the bank are made aware of any unauthorised transaction late in the current business day.


So they do not have to "take the word of the payer" and refund there and then. The aforementioned regulations give the bank time to contact the DD originator and 'check out your story'! They may not do so immediately, but the regulations allow them time to do so.

Aquamania

YorkshireBoy wrote: »

The direct debit guarantee does not define "immediate" .

No but the OED does

Aquamania

YorkshireBoy wrote: »

So they do not have to "take the word of the payer" ....

Under the rules of the Direct Debit Scheme they do

YorkshireBoy

Aquamania wrote: »

Under the rules of the Direct Debit Scheme they do

Could you provide a link to a reliable source?


Once (if?) provided, I'll give you the PSR regulation number to back up my earlier claim.


And why all the winking?...are you flirting with me? If you are you'd better be female!


And last time I checked, the OED didn't govern the relationship I have with my bank.

Aquamania

YorkshireBoy wrote: »

Could you provide a link to a reliable source?

Of course, the Guide & Rules of the Direct Debit Scheme

Edit: Section 11.1, very first sentence, of the Originator's version as an example

The Paying Banks will accept the word of the Payer concerning an error made by an Originator due to their obligations under the Direct Debit Guarantee and will raise an Indemnity Claim.

http://www.bacs.co.uk/bdc-sugr

You'll need a logon, but here is the salient point posted years ago on this forum.

http://forums.moneysavingexpert.com/showpost.php?p=26923835&postcount=8

YorkshireBoy

Reg 64(5) seems to say "10 business days", and that's an SI, not a 'code of practice' or a 'rule'.


Judging by the number of people who post on here saying that they've not been able to get an immediate (as defined by the OED) refund, I'd say an SI always trumps a 'rule'.

Aquamania

YorkshireBoy wrote: »

Reg 64(5) seems to say "10 business days", and that's an SI, not a 'code of practice' or a 'rule'.


Judging by the number of people who post on here saying that they've not been able to get an immediate (as defined by the OED) refund, I'd say an SI always trumps a 'rule'.

:rotfl:

If you say so... How's the Barrack Room?

(5) Any refund or justification for refusing a refund must be provided within 10 business days of receiving a request for a refund or, where applicable, within 10 business days of receiving any further information requested under paragraph

http://www.legislation.gov.uk/uksi/2009/209/regulation/64/made

No idea what that has to do with Rules of the Direct Debit Scheme let alone whether or not the Paying Bank should be taking the word of the Payer in regards to any claim.

Not that I care much either...:cool:

anotheruser

I don't really see the issue here.

The bank has informed you they will take X amount to pay off you card.
You have paid it off after the letter but before the DD payment. Why do you think the bank would take less than what they have stated?

YorkshireBoy

Aquamania wrote: »

let alone whether or not the Paying Bank should be taking the word of the Payer in regards to any claim.

That's covered in 64(2).