Advice needed

BoGoF

You can't charge them £6 a day because an overdraft would cost you that. You agreed the banks t and c's so that is why the bank can charge you.

Frankly you would be laughed out of the small claims court. You can only claim your quantifiable losses.....which I would imagine the £75 you got already covers.

Disgruntled_motorist

For your information when you pay by direct debit both parties sign a legal agreement. Among the terms and conditions are 2 rules that the company broke the 1st states that 10 days notice must be given to change any direct debit amount. The 2nd rule states that if there is a dispute then they must make a refund if there is a problem. Now you got to ask yourself if you, say bought yourself a telly and the company upped your payment from £70 to nearly £700 without your permission and then held onto your money for nearly 3 months before realizing that it was a mistake would you be happy?

BoGoF

Yeah..... go to court with that argument. Bet that will work.......

You need to change the title if your post - its clear you dont actually want advice since you seemingly know it all.

Fosterdog

Disgruntled_motorist wrote: »

For your information when you pay by direct debit both parties sign a legal agreement. Among the terms and conditions are 2 rules that the company broke the 1st states that 10 days notice must be given to change any direct debit amount. The 2nd rule states that if there is a dispute then they must make a refund if there is a problem. Now you got to ask yourself if you, say bought yourself a telly and the company upped your payment from £70 to nearly £700 without your permission and then held onto your money for nearly 3 months before realizing that it was a mistake would you be happy?

Nobody would be happy with that scenario but if they correctly invoked the direct debit guarantee through their bank then it would have taken days to resolve rather than three months.

mije1983

You have a duty to mitigate your losses, which unfortunately you have not done.

If you had invoked the Direct Debit guarantee (that's with the bank, NOT the company), you would have had your money back in days rather than months. That's the whole point of it. To protect you against companies that do not follow the process and to make sure you are not left out of pocket for an extended amount of time.

Yes the company were clearly in the wrong here, but you have been compensated for that.

powerful_Rogue

Disgruntled_motorist wrote: »

For your information when you pay by direct debit both parties sign a legal agreement. Among the terms and conditions are 2 rules that the company broke the 1st states that 10 days notice must be given to change any direct debit amount. The 2nd rule states that if there is a dispute then they must make a refund if there is a problem. Now you got to ask yourself if you, say bought yourself a telly and the company upped your payment from £70 to nearly £700 without your permission and then held onto your money for nearly 3 months before realizing that it was a mistake would you be happy?

Many many moons ago when I was young and inexpereinced, I noticed a strange payment going to NTL for £26 a month for 24 months. I contacted them and they explained that somehow my bank account had been linked to someone elses account and I was paying for their broadband. NTL said they would need to investigate before they could refund, even though they could see it was an error on their part.


I contacted the bank and within an hour £624 had been credited to my account under the DD guarantee. Guess what? That was the end of the story!

waamo

Disgruntled_motorist wrote: »

For your information when you pay by direct debit both parties sign a legal agreement. Among the terms and conditions are 2 rules that the company broke the 1st states that 10 days notice must be given to change any direct debit amount. The 2nd rule states that if there is a dispute then they must make a refund if there is a problem. Now you got to ask yourself if you, say bought yourself a telly and the company upped your payment from £70 to nearly £700 without your permission and then held onto your money for nearly 3 months before realizing that it was a mistake would you be happy?

The advice you have been given here is free. You are going to find being told you are wrong by a judge in a court will not be free.

Gavin83

So your intending on suing them for £480? Won't happen. The £75 is generous, take it and move on. If you don't you're likely to lose it in court fees.

pmduk

Disgruntled_motorist wrote: »

The other vital point is the ridiculous sum involved (10x my normal dd) someone should have realised that it was a mistake

You make the mistake of thinking that humans look at these bills before they're sent. Automated systems don't work like this and you wouldn't want to pay the cost of human involvement anyway, your bills would skyrocket.

Blackbeard_of_Perranporth

Disgruntled_motorist wrote: »

For your information when you pay by direct debit both parties sign a legal agreement. Among the terms and conditions are 2 rules that the company broke the 1st states that 10 days notice must be given to change any direct debit amount. The 2nd rule states that if there is a dispute then they must make a refund if there is a problem. Now you got to ask yourself if you, say bought yourself a telly and the company upped your payment from £70 to nearly £700 without your permission and then held onto your money for nearly 3 months before realizing that it was a mistake would you be happy?

The last direct debit agreement I amended this morning for my isa was done online and required no signature!