Ugh. What are my rights here? (Quite urgent)

Isolt

saajan_12 wrote: »

No, the LL instructed the tenant to pay GC. The tenant is responsible for ensuring the money reaches GC, but once it has that's the LL's issue with their agent.

Similarly if the LL told the tenant to pay a lettings agent, the tenant has to ensure it reaches the agent, after that its not the tenant's problem. If the tenant took it on themself however, to pay the LL's neighbour, then it is still the tenant's problem until it reaches the account the LL instructed them to pay to.

Yes, exactly.

Isolt

FBaby wrote: »

As you seem to be aware, it is possible to reclaim a sum paid and when doing so, it can take longer than 2 weeks to be credited back, so maybe two weeks was not enough.

As already suggested, the only way to prove your honesty is to get your bank involved directly.

Well the rental company requested 5 working days worth of transactions following the Direct Debit. I went one step further and provided them with a full 2 weeks. Yet you're saying I'm at fault somehow.

Basically, I've provided *everything* that's been requested.

Isolt

FBaby wrote: »

As you seem to be aware, it is possible to reclaim a sum paid and when doing so, it can take longer than 2 weeks to be credited back, so maybe two weeks was not enough.

As already suggested, the only way to prove your honesty is to get your bank involved directly.

As for getting my bank involved, obviously my bank have been involved ever since I notified them that Go Cardless are claiming not to have received that payment. My bank traced the payment and confirmed that it was indeed successfully sent to Go Cardless. Although my bank have been fairly helpful and willing to investigate, if their records show that the payment DID successfully reach its destination, it's not clear what more they can do. It's not as if they can demand to have sight of Go Cardless's bank statements.

Out,_Vile_Jelly

This is an awful lot of faff over what will eventually turn out to be a computer or admin glitch.

I would speak to your bank again to ask what happens next in this type of dispute (you certainly aren't the first) and to clarify that you authorise them to discuss your account with GC, who they really now need to speak to directly. You should then notify the rental company that they need to instruct their agents (GC) to contact your bank and trace it between them. I don't see what else you are reasonably supposed to do.

regency_man

Claim on the Direct Debit Guarantee, you will get the money back almost immediately, then you can 're pay' GoCardless. The bank will then pursue GC for the missing money.

You have to SPECIFICALLY say to your bank you want to make a claim on the Direct Debit Guarantee. Don't use any other words to describe it. Don't even mention all the above stuff until you're through to the department that processes DD guarantee claims.

00ec25

regency_man wrote: »

Claim on the Direct Debit Guarantee, you will get the money back almost immediately, then you can 're pay' GoCardless. The bank will then pursue GC for the missing money.

read the thread in full, he already did and his bank says it is not covered by the DD guarantee since the money did leave his bank and get to where it was supposed to go - ie to GC.

The problem arose with the failure of GC to record it correctly and forward it to the rental company.

00ec25

saajan_12 wrote: »

No, the LL instructed the tenant to pay GC. The tenant is responsible for ensuring the money reaches GC, but once it has that's the LL's issue with their agent.

Yes the contractual relationship is rental company<>GC, but the pragmatic position is OP needs to complain to GC since OP is better placed to respond to queries from GC as OP is the only person with the tracking info of where his payment went.

it is also clear that the rental company is not initiating investigations, has been sent the info and is going no where so a direct "assault" on GC is needed to reignite progress. The rental company does not have any sight of incoming payments to GC - that is the whole point of GC's ability to operate DD. The end client has no sight of the payee's bank details or payments and knows only what GC tells them. The end client has not been approved to operate DD in their own name and hence needs to use a middleman.

[Deleted User]

When I had problems with a payment lost by the bank, I phoned the bank for a unique payment reference number they give the payment (different to one you might apply). This allowed the recipient to trace the payment.

It might be worth phoning the bank and asking for this then getting GC to look again for this payment.

Have GC got a complaints procedure?

pmlindyloo

QUOTE from OP
Since then I've provided document after document as well as a unique reference number the bank gave me that apparently identifies that particular payment.

Have you given this reference number to Go Cardless?

Given this number they should be able to trace where the missing payment has gone.

I agree that your complaint is with Go Cardless and not the letting agent.

regency_man

00ec25 wrote: »

read the thread in full, he already did and his bank says it is not covered by the DD guarantee since the money did leave his bank and get to where it was supposed to go - ie to GC.

The problem arose with the failure of GC to record it correctly and forward it to the rental company.

I don't believe the OP has really tried this then, the DD guarantee doesn't work like that - it's one thing that is, thankfully, completely biased towards the customer, the bank can't refuse to reverse a payment.

I used it to claw back money from an energy company - they upped my monthly direct debit from £60 to £120 overnight and only informed me via email, I didn't notice for 3 months until I ran out of money in that account. At which point I contacted the energy company and said - hey, you didn't give me fair notice of this, please refund the difference between my old DD amount and the new DD amount. They said no, we emailed you, we consider that fair notice. So I went to my bank, told them what happened and claimed the last 3 months on the DD guarantee (all completed successful payments), the bank processed it without question and returned £360 to my account the SAME DAY.

I was then obviously in a much more powerful position to negotiate with the energy company and they not only agreed to put my DD back down to the previous level, they also waived those payments.