Direct Debit increased

Smiffy4652

I noticed an unknown direct debit taken from my bank account in May for £149. I didn't recognise it and so contacted my bank who told me it was for my double glazing. The company name was different - I didn't recognise it until my bank mentioned 'clearwin' and they had already taken £60 (the usual direct debit) out in May, but have taken another £149 without my agreement. The company was (is) Zenith Windows, who I do not recommend, they are cowboys! Are they allowed to do this without my prior knowledge or agreement? Thanks in advance for ANY advice at all!! 

Supersonos

What were the agreed payment terms?  Have you actually read through them?

Smiffy4652

H i Supersonos, thanks for your response, yes, I checked the direct debit and I paid a lump sum and the remainder was a monthly direct debit of £60.10 each month on the same date, nothing about changing the direct debit - they had already taken the £60.10 earlier in the month, so I've paid  a total of £209.10 in May. The company name has changed from Shawbrook to Altrincham Home - which probably has something to do with it - and is probably why I had no idea who they were and what the DD was for. Only when I contacted my bank was I told that Altrincham Home (which is what shows on my bank statement) is 'Clearwin Altrincham Home' -  Clearwin was the finance company for Zenith windows who took over the direct debit payments for the remainder of my balance!

unholyangel

Smiffy4652 said:

H i Supersonos, thanks for your response, yes, I checked the direct debit and I paid a lump sum and the remainder was a monthly direct debit of £60.10 each month on the same date, nothing about changing the direct debit - they had already taken the £60.10 earlier in the month, so I've paid  a total of £209.10 in May. The company name has changed from Shawbrook to Altrincham Home - which probably has something to do with it - and is probably why I had no idea who they were and what the DD was for. Only when I contacted my bank was I told that Altrincham Home (which is what shows on my bank statement) is 'Clearwin Altrincham Home' -  Clearwin was the finance company for Zenith windows who took over the direct debit payments for the remainder of my balance!

Call them and query it - it may be a contractually agreed amount or it might not. They can't increase the price beyond what was agreed when you entered the contract though.

And if they didn't specifically notify you of the variation in DD amount then you can claim under the DD guarantee to have the funds returned - however if it is a contractually agreed amount then you would still be due to pay it, even if you're protected by the DD guarantee. 

Smiffy4652

Many thanks unholyangel, I had no notification of any increase at all and the amount previously paid was what was agreed, nothing in any of the paperwork about the amount being increased at any time, possibly something to do with the change of name of the company managing it. I am still going to challenge them about it!

unholyangel

Smiffy4652 said:

Many thanks unholyangel, I had no notification of any increase at all and the amount previously paid was what was agreed, nothing in any of the paperwork about the amount being increased at any time, possibly something to do with the change of name of the company managing it. I am still going to challenge them about it!

If you weren't notified of the increase then contact your bank for a claim under the DD guarantee - they'll refund the monies and it will then be up to you to argue it with the company. 

Smiffy4652

unholyangel - thanks so much for the information.
I called my bank and found out that the company is Altrincham Home Clearwin. Clearwin was part of Shawbrook and they fitted my windows in 2018 under the umbrella name of Zenith Windows. Apparently (I did a bit of digging) Clearwin went into administration very recently and I'm assuming that Altrincham Home Clearwin have taken over the company. My bank statement does not show the name Clearwin, just Altrincham Home and I have had no paperwork nor contact from Altrincham Home whatsoever - as stated previously I had a direct debit taken by Clearwin in May for  £60.10 and £149 from Altrincham Home also in May. Can they do this without contacting me? I looked back and saw that my bank had let me know by email (which slipped through the net at the time) that a new direct debit had been set up and to contact them if I don't recognise it, but that is all that I have received, I've had no contact from Altrincham Home at all. Should I cancel the  £60.00 DD for Clearwin (as they  are no longer trading) or the £149.00 for Altrincham Home? I don't want to get into trouble but equally  as a single parent I can't afford to pay both; £149.00 monthly from £60.10 is a bit of a hike without any warning - or agreement!

unholyangel

https://hydrogardlegalservices.co.uk/zenith-updated-info-6

You may be approached by a third party organisation by the name of Bee Carefree, this is a trading style of Altrincham Home LTD whose Company registration number is:  12120428. This Company was registered in England on 24th July 2019 and changed it's name from  Patrick Properties Groupco Limited on 18th October 2019.  Bee Carefree are writing letters to customers or calling them on the telephone telling them that they have taken over ownership of your Contract, and that you owe them the outstanding sums, they are also introducing a "third party" finance company by the name of Propensio Finance who they say will contact you to arrange your finance to transfer over to them. DO NOT SIGN ANY NEW CONTRACTS - YOU DO NOT HAVE A CONTRACT WITH THEM - YOUR CONTRACT IS WITH CLEARWIN WHO ARE IN ADMINISTRATION.

Smiffy4652

Thanks so much for your help unholyangel - ! I am not sure what to do with this now, should I cancel the £149.00 direct debit from Altrincham Home - or should I contact the financial ombudsman? I haven't signed, nor have I even been sent a contract from Altrincham Home; the first I knew of them was the money being taken from my bank account by a direct debit, at which point I contacted my bank!  This has taught me not to be worn down by rogue salesmen ever again!

born_again

Smiffy4652 said:

Thanks so much for your help unholyangel - ! I am not sure what to do with this now, should I cancel the £149.00 direct debit from Altrincham Home - or should I contact the financial ombudsman? I haven't signed, nor have I even been sent a contract from Altrincham Home; the first I knew of them was the money being taken from my bank account by a direct debit, at which point I contacted my bank!  This has taught me not to be worn down by rogue salesmen ever again!

Ask the bank to return the DD for £149 on the basis it is unrecognised and you have had no notification of this amount/company/payment due.

unholyangel

Smiffy4652 said:

Thanks so much for your help unholyangel - ! I am not sure what to do with this now, should I cancel the £149.00 direct debit from Altrincham Home - or should I contact the financial ombudsman? I haven't signed, nor have I even been sent a contract from Altrincham Home; the first I knew of them was the money being taken from my bank account by a direct debit, at which point I contacted my bank!  This has taught me not to be worn down by rogue salesmen ever again!

If you haven't agreed a contract with them then cancel the direct debit and ask your bank to refund it under the guarantee. 

I was initially concerned there may be an issue with credit records potentially (if they had perhaps purchased the old company "warts n all") but I can't find any indication that is the case and the article I quoted earlier seems to imply the opposite - that there's no contractual relationship between the two at all. However, if there was no relationship then it begs the question how the heck they got your details.