'indemnity claim' problem

gmbunn

Hi folks,

Im having an issue i hoped somebody may be able to advise me on. A few months ago i noticed o2 were taking monthly debits from my account for a contract i don't have! or never have had! At that point i cancelled the DD and called them but they told me it would be refered to fraud and they will be in touch. 3 months later it's only now been closed and officially 'fraudulent', so i asked for my refund. They told me they cannot refund me and i need to make an indemnity claim with my bank.

Ive approached my bank but they have said its not a case for an indemnity claim and o2 need to refund me! I feel like im being fobbed off everywhere!

Can anybody tell me where i stand on this and which corner i need to fight?

Thanks very much

Gary

amandathepanda

I would have thought that the bank would be able to make a claim under the direct debit indemnity scheme under the term of "no instruction held"
Under this scheme you are entitled to a full and immediate refund of money taken from your account without an instruction. As your bank for a copy of the direct debit indemnity scheme leaflet, they are supposed to have one.

spinningsheep

I work for 02 gmbunn, PM me the details and il look into it for ya.

PBA

The bank advisor was just too lazy to fill the form in. The bank can never refuse to do an indemnity claim.

jonesMUFCforever

PBA wrote: »

The bank advisor was just too lazy to fill the form in. The bank can never refuse to do an indemnity claim.

Are you sure?
Read the original post - it was O2 who made the mistake and expect the bank to clear it up.
Why not criticise O2 for their actions (or lack of it)?

Dylanwing

I thought that the original idea was the DD is easier for Banks and claimants, and to sell it to the Public, the indemnity scheme was highlighted as a safeguard. My recent experience is similar, the Bank could not be bothered to fill in a form, the Company made it hard work getting a refund, it was only a tenner, so my mutt has an extra year on some dog register!
In fairness to Banks, so many Companies make claims under obscure pseudonyms that I expect they get a lot of baffled customers with unidentified payments.

mrmajika

Your bank should be able to provide you with a "full and immediate refund", to quote the Direct Debit Guarantee.

An error was made, in this case O2 debiting your account incorrectly. Whether this was as a result of fraud or otherwise, the fact is that it was an error, as you had not agreed to the debit.

The direct debit guarantee means that you are entitled to your money back from your bank or building society.

I would get back onto them, quoting the direct debit guarantee.

Good luck.

regularsaver1

The bank give you a refund, but then claim back from O2. If O2 don't agree later when the bank claim back from them, then the bank can take the money back from you

bicycle_repair_man_2

The Banking Code states that the bank MUST give you a refund if you ask for an indemnity claim. If they won't cooperate, then you need to contact the Financial Ombudsman (www.financial-ombudsman.org.uk)

wizardprangz

hi i've been told to ask my bank to raise an indemity claim. BT cancelled my free weeknd and eve calls package and changed it to the basic line rental option. After i discovered the msitake by them on my monthly bill i spoke to BTon 4th july they aplologises and said it would all be corrected and my package would be returned to what i had originally.
I got a letter this wednesday telling me i had signed up for free weekend and eve calls,couldn't get any confirmation on the phone from BT on wednesday to double check this knowing my DD was due to go out today,as the systems were down and today found the DD had gone out for full amount, and BT were unable to help as systems down etc. Will my bank do this and do i need to provide any paperwork

gmbunn

Hi, if money has been taken that you havent given permission for, give BT a call and tell them, if they are difficult in any way whatsoever, save yourself the hassle and go to your bank, and tell them you want to make an indemnity claim for a direct debit that shouldnt have come out. They cant refuse and its normally a quick and easy process. Its then down to your bank to give you the money back and then they will need to deal with it.