DD Indemnity claim

kneesandjoints

it now seems like they have not/are not acting on a resolution for/within the 3 days they gave me last week Monday; instead they sent me an acknowledgement letter.


I called today and she informed me it could take up to 3 weeks but probably less than that.


Question is, why is it taking so long....? And is there anything else I can do right now to push/pressurise them (cases/torts/statutes/legalese etc)


Many thanks,

eskbanker

kneesandjoints wrote: »

And is there anything else I can do right now to push/pressurise them (cases/torts/statutes/legalese etc)

Given the circumstances, it would seem more appropriate for them to be treating it as an unauthorised transaction rather than a DD indemnity claim, so you could quote the FCA guidance at them:

In most cases the bank must refund the payment without undue delay and by the end of the business day following the day on which it became aware of the problem, unless it has reasonable grounds for suspecting that you have acted fraudulently.

kneesandjoints

i guess this is going to the full time of three weeks then, as I have forwarded on this info and still have not heard anything.....

kneesandjoints

the bank told me I need to contact the merchant (why I don't know)


ive contacted them, they told me I need to contact my bank....




exactly what is going on here

eskbanker

kneesandjoints wrote: »

the bank told me I need to contact the merchant (why I don't know)

ive contacted them, they told me I need to contact my bank....

exactly what is going on here

A good question!

Does the merchant claim that you're a customer of theirs and that they're justified in debiting your bank account? Does the merchant use a different name from the one quoted earlier in the thread, as they didn't seem to be identifiable from the entry on your bank statement but you've obviously found a way to contact them?

Having said that, to me it's still up to the bank to demonstrate the basis on which they contend the transaction was authorised - do they assert that it is or that you had some part to play in it? On the face of it they should refund you, so rather than you asking on here why they're asking you to contact the merchant that's obviously a question for you to ask the bank - assuming you've done so, what do they say? Have they provided a copy of the DD mandate within seven days as they're obliged to do, as per previous posts?

It seems that they're not going to be resolving this for you within the three weeks so you should be able to escalate to FOS shortly.

You mentioned earlier that the only way to contact your bank is via email, but I was under the impression that all UK banks had to be contactable by phone - which bank is it?

born_again

eskbanker wrote: »

Given the circumstances, it would seem more appropriate for them to be treating it as an unauthorised transaction rather than a DD indemnity claim,:

A unauthorised DD has to be treated via the DD indemnity claim.

It is odd why (unnamed bank) has not refunded OP once reported.
Also odd as to 3 weeks to resolve before taking to FOS as it is 8 weeks for a complaint to be resolved, unless a deadlock letter is issued prior.

Good complaints teams do send out a hold letter if unable to resolve complaint in a certain timescale to keep you updated.

eskbanker

born_again wrote: »

Also odd as to 3 weeks to resolve before taking to FOS as it is 8 weeks for a complaint to be resolved, unless a deadlock letter is issued prior.

See https://www.financial-ombudsman.org.uk/consumers/expect/time-limits:

Time limits for a business to reply

A business has 15 days to consider complaints about:

• payment services – such as bank transfers or direct debits
• electronic money – for example, online money transfers, Apple Pay or travel money cards

For most other complaints, a business has eight weeks to consider a complaint.

After these time limits have passed, they should send you their final response.

born_again

Thanks.
Need to give some feedback at work about this then. Clearly someone has failed to tell the front line important information.

kneesandjoints

ive forwarded it onto the fos as they gave me their final letter notice; now this will be a waiting game with FOS.


Someone said FOS takes three weeks....? brilliant.

eskbanker

kneesandjoints wrote: »

Someone said FOS takes three weeks....? brilliant.

FOS won't make any sort of commitment on timescales because of the varied nature of what gets referred to them and the time involved in dealing with both parties, etc, but, as below, their rule of thumb is three months rather than three weeks, and this only starts once the case is assigned from the (usually sizable) backlog.

https://www.financial-ombudsman.org.uk/consumers/expect#block-422:

How long it takes to sort out your complaint depends on how complex it is – and how long it takes to get all the information we need. If there’s just been a misunderstanding we can often sort things out very quickly. If things are more complex, it will take longer. It will also take longer if you or the business don’t agree with what we say, and want an ombudsman to make a formal, final decision. Generally, though, we can resolve most complaints within three months of a case handler getting in touch with you.