Direct Debit - set up in 2015 and first payment just taken

LivingbytheSeaside

Hi

Does anyone know, or can anyone point me in the right direction to find out how long a company have once a direct debit has been set up to actually take the first payment.

I set up a direct debit in 2015 apparently and the first payment has only just been taken last week. The direct debit was for 9 payments of #9 per month (sorry i don't appear to have a pound sign symbol on this keyboard).

The company have taken 9 payments of #9 all in one go, so they have taken a total of #81 from my bank account.

The company are saying tough and won't let me talk to a supervisor or put me through to their complaints department and the bank have flatly refused to refund my money or to help me in any way shape or form to get my money back.

I just wanted to know whether there is a time limit when a direct debit is set up before they take the first payment.

I think that a period of 4 years is a bit of a long time to wait before taking payment and then taking all 9 payments at the same time.

if anyone could help i would be most grateful as I am going round and round in circles here.

thank you

creditavenger

Who are the company? What are the payments for? Do you owe the money?

Willing2Learn

What service or product was the £81 for?
Had you received the service or product?

One of the guarantees that a Direct Debit gives to a customer is:

If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request

From the quoted text, it appears that the company in question should have notified of the changes to the date and frequency of the Direct Debit.


Edit: https://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

LivingbytheSeaside

thank you

it is for insurance for an electrical product that was taken out in 2015 some but it transpires from talking to the company today that the direct debit was not actually taken from my bank account.

whilst i am not disputing the insurance that was taken out, i am rather surprised it has taken them 4 years to take their money, and to take it all in one go rather than £9 over a 9 month period.

my question is whether there is a time limit before direct debit agreements 'lapse' and they can no longer automatically take the direct debit without telling you first .... if that makes sense

shortcrust

Yes as pointed out you can claim under the direct debit guarantee if you weren’t given the 10 days notice this would happen. Might they have written to a previous address or something like that?

If you do owe the money you’ll have to pay one way or another. If you can afford this £81 now I’d personally just let them keep it.

Edit to add: No they don’t ‘lapse’ but they should always tell you when something is going to be taken if it’s not already been agreed. That includes taking late payments.

LivingbytheSeaside

thank you. they won't have written to a previous address because i was living at the same address at the time.

thank you all for your help

eskbanker

LivingbytheSeaside wrote: »

the bank have flatly refused to refund my money or to help me in any way shape or form to get my money back

While you may be able to claim under the DD guarantee for lack of notice, this would just defer the payment as the retailer will still chase you for it.

However, it may also be worth complaining to your bank (and naming them on here!) about their failure to expire the DD mandate, as a DD dormancy process was introduced specifically to address this sort of issue, so it's not unreasonable for you to expect that the bank would have marked it as expired:

https://www.directdebit.co.uk/FAQs/Pages/InactiveDirectDebits.aspx

born_again

shortcrust wrote: »

Edit to add: No they don’t ‘lapse’ but they should always tell you when something is going to be taken if it’s not already been agreed. That includes taking late payments.

A direct Debit will lapse if not activity after 13 months.

When you spoke to the bank did you ask when the DD was set up?
Odds on the company have only just set it up.

shortcrust

born_again wrote: »

A direct Debit will lapse if not activity after 23 months.

When you spoke to the bank did you ask when the DD was set up?
Odds on the company have only just set it up.

Ah, thanks for the correction. I thought I’d read that banks can do that but don’t have to do it.

YorkshireBoy

born_again wrote: »

A direct Debit will lapse if not activity after 23 months.

When did it change from 13 months to 23 months?

born_again

YorkshireBoy wrote: »

When did it change from 13 months to 23 months?

Opps miss type.:eek:

Yes 13 MONTHS.....:T

Sorry