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DD cancelled but bank paid out and charged

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  • innovate
    innovate Posts: 16,217 Forumite
    10,000 Posts Combo Breaker
    edited 28 January 2014 at 9:20PM
    kitkat34 wrote: »
    innovate grumbler was talking about the fact that the dd was cancelled not about different amounts dd might take. You need to look at what happened dd was CANCELLED therefore it was no more the company set it up again THAT IS NOT ALLOWED WITHOUT AUTHORISATION WHICH THEY DID NOT HAVE.


    Innovate do you understand yet???? I feel like im talking to a 5 year old

    You don't need to shout in uppercase in your attempt to assert authority.

    Going by what the OP posted, they never cancelled the DD authority, or the policy, with the insurance company. Therefore there is a fair chance that insurance company has not acted without authority.

    None of us have so far had sight of what exactly the insurance company wrote to the OP when they notified the premium increase, or what the base T&Cs are. I still maintain there is a very high chance that their notice said something along the lines of "....you don't need to do anything....we will collect ££££ by direct debit on xx/xx/xxxx..." and all of this is 100% legit. Or there might even be relevant T&Cs in the base terms and conditions.

    By coincidence, I just this minute had a text from O2, my mobile provider, who I pay by monthly DD.
    We need to tell you about some price changes. Your March 2014 bill will be adjusted from £15.99 to £16.42 in line with the 2.7% RPI rate of inflation. Calls and text over your monthly allowance, as well as international calls and MMS are changing too. To see what this means to you, go to http://s.o2.co.uk/prices or call 2202

    They don't even tell me that my DD authorisation I gave them back in 2008 won't need changing because the T&Cs state that my service is conditional on me paying by DD. The T&Cs also state that O2 are allowed to increase prices and under what conditions.

    If I chose to cancel/delete the DD with my bank, O2 have the right to terminate my service, and they no doubt would.

    Aside from that, my monthly DD amount has almost never been the same because I pay by usage, which hardly ever is the same each month. All this has been happening with one single DD authorisation, given years ago.

    The concept of DD authorisations having to be given explicitly every time the DD amount changes is alien to vast parts of the industry - mobile and landline providers, broadband providers, credit and store card providers, and many more.
  • innovate
    innovate Posts: 16,217 Forumite
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    BMN wrote: »
    But you may have (inadvertently) given this consent when signing up to the insurance?

    Agree, it all depends on the T&Cs of the service.
  • rb10
    rb10 Posts: 6,334 Forumite
    innovate wrote: »
    The concept of DD authorisations having to be given explicitly every time the DD amount changes is alien to vast parts of the industry - mobile and landline providers, broadband providers, credit and store card providers, and many more.

    I haven't seen anyone on this thread claim that to be the case; you are the only one to have mentioned it.

    The rules of the DD scheme state that once the DD is cancelled with either the company or the bank, the customer must then explicitly authorise that a new DD be set up. This is nothing to do with an active DD changing in value month on month.

    T&Cs of the company can't override this.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    This concept of cancelling DDIs at the bank seems to have come in since I last had dealings with AUDDIS processing (admittedly nearly 10 years ago now, how time flies!). Can anyone tell me whether when the cancellation is done there is an advice passed back to the originator? If there isn't then at least part of innovate's argument has more force.
  • I am so sorry to have stirred such debate. I don't have t&c's to hand at moment. I would be paying in advance for the service, not in retro. Totally get that I would have been better contacting company too. However, given circumstances it still seems to me this breaches DD rules. Will try to pursue further. Thanks all.
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  • kitkat34
    kitkat34 Posts: 213 Forumite
    I am not trying to assert my authority you were not listening I was trying to get you to it had nothing to do with all your ramblings on about changing amounts and just to help you a little more the OP in their original post states quite clearly "I cancelled an annual DD online" the OP also put it in the title of the thread I suggest you read post before offering advise and telling others they are wrong.


    Once again the insurance increase, varying amounts T&C and anything else has nothing to do with the fact the DD was cancelled therefore it is finished and would need the OP to authorise a new one to be set up.
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  • kitkat34
    kitkat34 Posts: 213 Forumite
    I am so sorry to have stirred such debate. I don't have t&c's to hand at moment. I would be paying in advance for the service, not in retro. Totally get that I would have been better contacting company too. However, given circumstances it still seems to me this breaches DD rules. Will try to pursue further. Thanks all.



    Don't worry about the debate most of us just want you to have the correct info and you did the right thing cancelling the DD you just had a naughty company who decided not to play by the rules yes maybe you should have contacted the company also but really most insurances if they don't get their money cancel the policy. I cancelled a DD we were making for some sort of insurance that we had for years wasn't totally sure what it covered and couldn't find info so cancelled the DD sure enough after a couple of weeks got a letter stating if wanted to keep the insurance to fill in the DD mandate and they would start payments again I did nothing and a couple of months later they sent another letter stating we could still have the cover if we paid the missed payments they want the business more than we needed it so I wouldn't worry and to be honest I never let companies know when I cancel DDs unless they ring me as car insurers tend to do
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  • innovate
    innovate Posts: 16,217 Forumite
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    rb10 wrote: »
    I haven't seen anyone on this thread claim that to be the case; you are the only one to have mentioned it.

    It's just more examples to show that grumbler's claim that DD mandates need to be "explicit" doesn't hold in reality.

    Though no doubt he will come along now and re-define what he means by "explicit".
  • M0ney
    M0ney Posts: 494 Forumite
    Ninth Anniversary 100 Posts
    Innovate I think you are missing what grumbler is saying, he agrees that there is no need for re-authorisation if the amount changes but we see if we read the first post in the threat that the DD was cancelled online and I tend to agree that the company cannot reinstate the DD after it has been cancelled. If the still wished to chase him for any money owed they should then send a letter saying that the bill hasn't been paid due to the cancellation of the DD and how they can pay by cheque, phone, etc...along with the outstanding balance. They may ask for the customer to reinstate the DD
  • ceredigion
    ceredigion Posts: 3,709 Forumite
    Eighth Anniversary 1,000 Posts Photogenic
    it is nice to have the occasional FIGHT in the play ground. Keep going boys and girls , I'm enjoying it.
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