Direct Debit guarantee query

emv

Hi

We signed up to pay for LPG gas by DD. We had a full tank delivered & a bill sent but it didn't take into account some free LPG we'd been offered. I asked for the bill to be amended & requested that the payment wasn't taken by direct debit without notification as we needed to ensure we have funds in the account. I was sent two credit notes with a note saying these would be 'debited' on the 29th of Sept but no new bill (and I wasn't sure whether one or both credits applied to the account so no confirmation of how much to pay). Still no bill, no reply to my e-mails.

Then I had a letter saying that the company had tried to take an amount from my account and the DD had failed, they would try again in 10 days time. I got in touch & told them they hadn't sent a bill. They e-mailed the original bill & credit notes but no new bill. I e-mailed back to say that they still hadn't sent a bill or notice of payment date so had breached the direct debit guarantee - again no reply at all. They did take the payment on the second date and I queried it under the DD guarantee as I hadn't received a bill or notification of the original date of payment.

I've checked my DD paperwork, they only have to give me three days notice of a change to DD so technically the second payment was taken with sufficient notice. Does this mean they will be likely to successfully challenge my indemnity claim?

I'm not trying to wriggle out of paying, I chased them throughout September to send a bill, just needed to swap money from one account to another to pay it and I feel really annoyed that they are not responding to e-mails.

Em

colsten

Pay them what you owe them.

emv

I don't owe them anything at the moment, Colsten! My question was about the direct debit guarantee.

SnowTiger

You received a bill that didn't take in to account a price reduction or offer.

You contacted the company, who sent you two credit notes to correct the mistake.

The company then took payment by Direct Debit from your bank account.

IMO if the Direct Debit was reduced by the total of the two credit notes the DD was correct.

emv

But we had no notification that the DD was going to be taken, which is what breaks the rules of the Direct Debit guarantee. And no, it wasn't reduced by the amount of both credit notes, only one, with one to apply apparently to a future order.

colsten

Presumably your original bill had a due date, or a reference to the payment terms? Or you had been made aware of the payment terms at the time you authorised the DD?

Given you have made DD arrangements with the company, I assume you are expecting to make further purchases from them? If so, it might be a good idea to talk to them to resolve any problems regarding the amounts you owe, and regarding the way they do business. Confronting the company with cancelled DDs doesn't strike me as constructive. Worth remembering that it's you who might end up without LPG at some time in the future if you don't pay for it in a timely manner.

Before you remind me again that your query is about the DD Guarantee: all you want to know about it is here: http://www.directdebit.co.uk/directdebitexplained/pages/directdebitguarantee.aspx

emv

Colsten, if you read my post you'll see that I have been trying to discuss this with them, first to request a bill then to resolve the issues. The DD hasn't been cancelled & won't be (details of claims under the direct debit guarantee are on the link you posted, which I'd read before posting). It's a completely different process from cancelling a DD, I was hoping someone with some knowledge of the process would reply.

dzug1

If you claim the money back under the DD guarantee (assuming the bank accepts the claim) you will still owe it so I don't see the point


And it's possible the bank will cancel the DD leaving you to set it up again with the potential for more confusion

Buzby

The guarantee does not prevent incompetence. Why did you choose to pay by DD instead of giving a cheque? In view of the lax paperwork, a DD reversal means you have to pay them the balance owed by cheque. They can argue that they gave you notice and chalke be the indemnity, but I assume you have limited options to use a different supplier so.

I Would be careful if your stand leaves you in disputed and stranded. The time between getting a bill and them taking payment has fallen to just 5 days, and this is counted when they post the bill - often you get the hill when the money leaves the account.

I'd say to the. You are unimpressed and will pay by cheque on delivery, or if they insist on cleared funds before a fill, pay early.

sheramber

what do you want to achieve?

Your money back or do you just want to make a point?