problems with nationwide flexdirect switch

masonic

jam_09 wrote: »

Does this mean as the first payment was taken in early January and the authorisation was given on the 24th of November that the direct debit should have been voided before being taken or at least the banks made sure that i was happy for the amount to be taken from this new account?

Not when you authorised the banks to redirect any payment requests it receives from your old account to your new account for the next 36 months when you signed up to the switch.

The company who received the direct debit has an obligation to keep you informed about the payments it intends to collect by direct debit. If you were not informed that there would be a payment in early January, you are entitiled to a refund under the direct debit guarantee - it won't make any difference to your cashback situation though.

Were you not expecting the direct debit to be taken from your new account in January?

jam_09

Hi sorry been at work all day and the direct debit was for a magazine and the confirmation email I receive did not set a start day, so I assumed as the other direct was set up and taken that this had gone through, but the last time I phoned nationwide they stated that they had not set up the direct debit natwest had. Does this mean I have complied with the direct debit switch as technically I did not authorise for the direct debit on this account and I have proof that the authorisation was created before the switch date?

Post day 7
After your switch

The redirection service
Payments into and out of your old account will continue to be redirected for 36 months.
Payments going in such as your salary or pension are included in this, but you may wish to arrange for these to be transferred on a permanent basis.
Before your redirection period ends
We’ll inform you of payments that are still going to your old account that you’ll need to transfer.

masonic

jam_09 wrote: »

Hi sorry been at work all day and the direct debit was for a magazine and the confirmation email I receive did not set a start day, so I assumed as the other direct was set up and taken that this had gone through, but the last time I phoned nationwide they stated that they had not set up the direct debit natwest had. Does this mean I have complied with the direct debit switch as technically I did not authorise for the direct debit on this account and I have proof that the authorisation was created before the switch date?

When you enter into a switching agreement, you authorise the banks involved to transfer all of your payments from the old account to the new account. AIUI, for direct debits, the following process is followed:
1) Old bank provides new bank with list of direct debits
2) New bank contacts the companies who set up the original direct debits and provides them with your new account details and evidence of your authorisation to transfer the direct debits to the new account
3) Company sets up a new direct debit instruction with the new account and stops taking payments from the old account.

That doesn't fit with what you have been told.

The other thing you authorise the old bank to do is to redirect any payments or requests for payment received for the old account to the new account for 36 months and also inform the originators of your new bank details. This would involve:
1) Old bank contacts the companies who set up the original direct debits and provides them with your new account details and evidence of your authorisation to redirect payments to the new account
2) Company sets up a new direct debit instruction with the new account and stops trying to take payments from the (now closed) old account.

This seems to fit what you have been told (NW did not action the change) and it could be argued that this was not part of the switch. It is also the case that you 100% authorised the change when you agreed to the terms of the switching offer.

So, the fact that you were not informed or asked to authorise this individual change is not evidence that it didn't happen the way NW said it did.

jam_09

But could it be argued that nationwide do no define when a switch is complete?

as according to the current account switch Any payments accidentally made to your old account will be redirected to your new account for 36 months, so there's no need to worry about missing payments.

And that the payment was authorised by the old bank and set up by the old bank that it has been switched?

masonic

jam_09 wrote: »

But could it be argued that nationwide do no define when a switch is complete?

as according to the current account switch Any payments accidentally made to your old account will be redirected to your new account for 36 months, so there's no need to worry about missing payments.

And that the payment was authorised by the old bank and set up by the old bank that it has been switched?

This is covered in clause (D) at the start of the switching agreement:

The “Switch Date” is the date that we will arrange for any credit balance to be transferred from your Old Account to your New Account. We will complete the switch of information about your payment beneficiaries and your regular payment mandates from your Old Bank to your New Account on the same day

jam_09

So do you think there is any way of getting the money or not?

masonic

jam_09 wrote: »

So do you think there is any way of getting the money or not?

Not without evidence that what NW has told you is incorrect (in the form of a list of direct debits that were transferred provided to you by either bank, or a screenshot of the direct debits listed in the online banking of your old account before you started the switch).