Direct Debits

Mary_Cadman

Can anyone tell me how far back one can make a claim for direct debits which should have been cancelled and who is actually responsible for cancelling them?

castle96

Hello, welcome.

It is your responsiblility to cancel a direct debit at the time you want to stop paying (best in writing to the Bank), therefore there is no claim to be made surely

[Deleted User]

Hi,

Direct Debit Guarantee

Your rights


Organisations using the Direct Debit Scheme go through a careful vetting process before they're authorised, and are closely monitored by the banking industry. The efficiency and security of Direct Debit is monitored and protected by your own bank or building society.
The Direct Debit Guarantee applies to all Direct Debits. It protects you in the rare event that there is an error in the payment of your Direct Debit.


Direct Debit Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request
• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society
  • If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to
• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.

Take a look at our handy Direct Debit Guarantee leaflet which summarises the benefits of Direct Debit and gives details of the Guarantee.

grumbler

Mary_Cadman wrote: »

Can anyone tell me how far back one can make a claim for direct debits which should have been cancelled and who is actually responsible for cancelling them?

You have to cancel the service you pay for in the first place, not the DD.

If the money was wrongfully taken after you cancelled the service and you can prove this, you can claim it back without any time limit except, possibly, 6 years.

If you hadn't cancelled the service, I don't think that you have grounds for claiming anything back.

p00hsticks

castle96 wrote: »

Hello, welcome.

It is your responsiblility to cancel a direct debit at the time you want to stop paying (best in writing to the Bank), therefore there is no claim to be made surely

I agree with you, although there is one possible scenario where the OP could be owed payments....

If the OP has correctly cancelled the service/goods for which the direct debit is being paid with the supplier, and the supplier has continued to request the direct debit payment regardless, then I'd say that the OP should be entitled to claim back the payments from the supplier.

Although it would be a good 'belt and braces' practice to cancel the direct debit with the bank when cancelling the service with the supplier, it shouldn't be necessary as the supplier should no longer be demanding the money from the bank.

grumbler

p00hsticks wrote: »

Although it would be a good 'belt and braces' practice to cancel the direct debit with the bank when cancelling the service with the supplier,...

In fact, it's not always the best practice, e.g. for mobile contracts.
It's pretty easy to claim the money back if it's taken wrongfully, but far more difficult to make the provider correct the credit history recklessly trashed when DDs get bounced.

YorkshireBoy

It appears the answer to question is a maximum of 13 months, according to the PSRs Reg 59-(1). That's if you're claiming redress under one or more of regulations 61, 75, 76 or 77. Are you?

colsten

grumbler wrote: »

If the money was wrongfully taken after you cancelled the service and you can prove this, you can claim it back without any time limit except, possibly, 6 years.

Agree with Yorkshireboy, it's more like 13 months max, not 6 years or no time limit, for claims for payments made by DD.

You might perhaps be able to pursue a claim through the Courts for a longer time, but a re-claim via your bank will be limited to 13 months.

grumbler

[STRIKE]I stand corrected...[/STRIKE]

YorkshireBoy

colsten wrote: »

You might perhaps be able to pursue a claim through the Courts for a longer time, but a re-claim via your bank will be limited to 13 months.

13 months is the maximum. It could even be less than that, since the PSRs state you must inform your bank "without undue delay, and in any event no later than 13 months after the debit date".


So if there are several payments in dispute, you'd need to have a pretty good reason for not noticing 7,8,9, or more months statemented payments leaving your account...hospitalisation or imprisonment being two from a very short list of plausible reasons I'd have thought?

colsten

YorkshireBoy wrote: »

hospitalisation or imprisonment being two from a very short list of plausible reasons I'd have thought?

Very Plausible. As would be other longer term reasons such as competing in the Vendee Globe or other round the world yacht race, arctic expedition, stint on the International Space Station, cricket matches or sheep dog trials.