Santander & Direct Debit Indemnitys

hull1978

Good evening folks the direct debit guarantee is very short and clear, a full and immediate refund if a customer challenges a payment. If the payment/s is reimbursed by mistake the customer must then pay the direct debit indemnity refund back. Is this correct? 

My dilemma I was imprisoned for a period of three years something which I never expected to happen, I wrote to Santander to cancel my two direct debits. I also wrote to the company's to cover myself as advised by my key worker.

On release I find Santander have debited almost £1300 without my authorisation, surprise surprise they and the company's claim they never received my cancellation.

Today Santander credited me £21 for one direct debit.

They claim the direct debit guarantee only covers three direct debits being fully and immediatly refunded.

They have investigated and have, as a gesture of
goodwill given me one back.

My question is, is this legal?

I was under the impression full and immediate meant all the direct debits I am claiming were taken without authorisation. Only if the company disputes it should the bank consider taking the money back. Please advise 😀

grumbler

Complain to Santander and highlight, that the DD was reinstated without your authorisation, i.e. fraudulently. I am sure that any time limit, even if it exists, doesn't apply in this case. Inform them that if they refuse to refund you in full you'll complain to  www.financial-ombudsman.org.uk/consumer/complaints.htm.

flo22

I have never heard of anyone saying that the DD guarantee only covers 3 payments, this is certainly not mentioned in any of the scheme documentation, it sounds like Santander have cooked up their own rule.

Do you have proof that the Cancellation was initiated by Santander before you went to prison before the debiting day?  If you have this proof then the indemnity for all debits since is valid.  

Have you looked on your account to see how many Direct Debit mandate you have for the company in question.  If you only have one it is likely that it was never cancelled by Santander and was the other DD in your request cancelled.  If you have 2 direct Debits on your account for this company (one which was Cancelled when you requested and a 2nd one which was set up by the company subsequent to your cancellation) then you can challenge the company because you never authorised the set up.

hull1978

Today there customer service team told me it was 6 lol. Logged it with ombudsman so see what happens next. 

born_again

There is no limit on the number of refunds. Just the same as there is no actual time limit you can claim back.

You need to raise a complaint with Santander and let them deal before you can go to FOS.