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

Chino

LivingbytheSeaside wrote: »

what does OP mean?

If you are referring to me, i came on here asking for help/support and it feels like i have been attacked and critizised. pardon me for believing this to be a friendly place.

OP - original post / original poster (i.e. you)

I don't think it's that people are intentionally being unfriendly. It's more a case of people wanting to better understand the circumstances giving rise to your present circumstances so they can better advise you.

That said, depressingly, some posters do take the view that anyone posting here asking for advice is either a fraudster, money launderer or engaged in some other criminal activity and that it is their job to unmask them.

born_again

LivingbytheSeaside wrote: »

why does the insurance company have the right to hold onto the DD mandate for 4 years before processing it and then fail to take the nine pounds over nine months and 81 pounds all in one go - why are they allowed to do that? I can't speak to a supervisor, they won't give me a contact number for their complaints department. the bank will not assist

thanks to those who have been genuinely helpful, i very much appreciate it.

Well they have 6 years to claim the debt. Statute of limitations.
Were you informed by them that they would be taking the £81 in one go?
That is the crux of the matter in relation to the DD
If not then you do have a right under the DD guarantee to claim the money back via the bank. You will clearly have to explain that you WERE NOT INFORMED that they would be taking the money. If they still will not help then you need to raise a complaint.
But Ins will then have a right to claim the £81 via other methods.

Who is the ins co? As these are regulated by the same as the banks. If they have a website than check there. They will have their complaints procedure and contact details on there.

jonesMUFCforever

1. You acknowledge that you purchased the insurance.
2. You confirmed no premiums were taken from your account (did you contact them to ask why?).
3. As they have chased you within 6 years it is not statute barred.
4. The bank are right IMO not to refund you as the debt is owed - had they refunded you the insurance company would have challenged it and got the dd refund reversed.
5 Your complaint is against the Insurance company - concentrate on this - ask why it has taken this long and why did they take all payments at once - ask for a manager to look at it. Something similar happened to me many years ago on a different type of insurance - I complained and they eventually agreed to freeze the premiums on the policy as long as I had it - it has served me well as I'm paying the same now as I did more than 10 years ago (Home Emergency).

18cc

As other have said it is irrelevant whether you owe the debt or not - what matters here is the direct debit guarantee. The organisation MUST notify you within 10 days of the amount and frequency of any direct debit, and if they don't you are entitled to a "full and immediate refund of the amount paid from your bank or building society"

It is a strong guarantee and there is no equivocation - the bank must refund you.

Obviously that might not prevent the company contacting you and asking for payment by other means, or indeed setting up the DD again and this time complying with the rules.

Terry_Towelling

@livingbytheseaside.

If the direct debit was taken for an amount not agreed and not advised to you in advance, you may make a claim under the guarantee scheme. The bank should not be quibbling over this and you need to ram this home. Have a quick read of the guarantee scheme on https://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

If D&G has told you that the £81 does indeed relate to the 2015 policy, you might want to tell them that you never received any policy documents - if that is correct, of course - and you believed you weren't covered and just left it at that. If they believe they have a right to the money, they might keep pestering you because any refund under the direct debit guarantee does not address any contractual dispute you may have with the company.

With the new appliance and the new policy, I imagine D&G are doing what they always do and trying to sell insurance where none is needed, because the appliance is within the 12-month guarantee period. In practice (and in my opinion), the only benefit to these policies taken within the first year is that they cover accidental damage. That said, such damage will often be covered by normal household contents insurance anyway.