Direct Debit Rebate. Is this legal?

[Deleted User]

ALIBOBSY wrote: »

I agree the DD guarantee shouldn't be changed, but the banks could and should let the customer know in clear language (not the usual double speak small print) that it is likely this money will be retaken later or at the very least they will likely still owe the company concerned the money for the service provided.

I agree.

ALIBOBSY wrote: »

In the OP's case had the bank insisted on speaking to him after the company rep and clearly explained the above and so did he still wish to proceed with the complaint it may have been enough to make him think twice.

I fully concur.

ALIBOBSY wrote: »

He mentioned them earlier in the thread as claimsmadesimple.com
I think.

Here's the actual comment;

Bullcantona7_in_post_#1_of_this_thread wrote: »

I've googled the company -claimsmadesimple.com.

saver861

Moneyineptitude wrote: »

What you suggest would indeed be changing the rule in favour of banks who wouldn't have to pay until after the investigation. For most customers utilising the DD Indemnity, the amounts are small and the error very likely the bank's.

There would be a distinction between a DD recently setup and running for perhaps just a few months and that of one being in place for several years with significant sums involved.

The DD guarantee is there to protect in the event of error but seems to be falling short in the event of scams such as this.

This scam is targeted at DD's that have been in place for years otherwise there would be no incentive.

Moneyineptitude wrote: »

The customer generally needs the refund immediately, not several weeks later.

Its unlikely someone paying a DD for years would suddenly 'need' the money immediately, especially not on the whim of a phone call from a scammer. Its equally doubtful that a DD being in place for years is likely to have been incorrect. Therefore it will be a very small minority of cases with DD's in existence for more than 12 months or so that might be incorrect.

Clearly the 'process' is flawed rather than perhaps the detail of the DD guarantee itself. The case of the OP demonstrates this beyond doubt.

magpiecottage

ALIBOBSY wrote: »

He mentioned them earlier in the thread as claimsmadesimple.com
I think.

Well done, I didn't spot that.

If you put that in the address bar, it redirects to claimsmadesimple.co.uk, which saysL

"Copyright © 2014 Claims Made Simple. All rights reserved.
Authorised and Regulated by the Solicitors Regulation Authority (SRA no 551810)
Claims Made Simple is a trading name of Farley Dwek Solicitors Ltd. Registered in England No. 07409694.
Suite 1.2, 1st Floor, 1 Universal Square, Devonshire Street North, Manchester, M12 6JH"


You can use this form to report the matter to the Solictors Regulation Authority.

[Deleted User]

magpiecottage wrote: »

You can use this form to report the matter to the Solictors Regulation Authority.

The Op says he has already been to the Police;

Bullcantona7 wrote: »

Now sat in the police station.

magpiecottage

Moneyineptitude wrote: »

The Op says he has already been to the Police;

I would still report it to the SRA.

They cannot make a criminal prosecution but they can take disciplinary action. This is an example of where such action has been taken.

Bullcantona7

I should find out this Friday the outcome of all this. Bank fraud team have been informed, police as well. The money is still sat pretty in my account. No communication at all for the £9+k to be returned. I'll post results/outcome. Thanks again

dunstonh

Thanks for update. good luck