Indemnity clawback direct debit

sir_smooch

So basically what i would like to do is a direct debit indemnity clawback however for the period i want to cover I have since moved banks and have been moved a few months now!

Does anybody know if it is possible to do this with a now closed account and have the money forwarded to your new account please 🤔🤔

retiredbanker1

A bit more information is required here first - was the direct debit taken in error or for the wrong amount or is there another dispute here?

sir_smooch

 retiredbanker1 said:

A bit more information is required here first - was the direct debit taken in error or for the wrong amount or is there another dispute here?

Sorry for the late reply, i never received a notification of a response. 

So basically I took out a tv licence after separating a few years ago as i received a letter when moving into the property telling me that i was required to get one.... I have since found that it isn't actually a legal requirement to own a tv license and I haven't used any of the services mentioned in those requirements as anything i watch is subscription based or through youtube and is never live!

Therefore i believe that money has been incorrectly taken from me! 

I have since cancelled my tv licence and someone told me that i can claim and indemnity clawback via the direct debit guarantee!

However the bank account i made those direct debits from has since been switched to another account and closed as far as i am aware! 

Thanks ever so much for your reply

retiredbanker1

IMO the direct debit guarantee does not cover disputes such as this.
You took out a licence under your own volition -who has advised you that one was not required (your mates down the pub?) - they took the payments that you agreed to.  They have not taken any payments not advised to you.

Have you contacted the TV licence people to ask their opinion - it is they who should refund you if they come to the same conclusion as you.

To answer your question - a genuine dispute which would be covered by the guarantee would be refunded by the bank even though the account had been closed.

MorningcoffeeIV

sir_smooch said:

 retiredbanker1 said:

A bit more information is required here first - was the direct debit taken in error or for the wrong amount or is there another dispute here?

I haven't used any of the services mentioned in those requirements as anything i watch is subscription based or through youtube and is never live!

Therefore i believe that money has been incorrectly taken from me! 

It wasn't incorrectly taken. 

Not using something you've bought isn't grounds for a refund.

Just don't buy any more TV licences if you don't need them.

[Deleted User]

retiredbanker1 said:

IMO the direct debit guarantee does not cover disputes such as this.
You took out a licence under your own volition -who has advised you that one was not required (your mates down the pub?) - they took the payments that you agreed to.  They have not taken any payments not advised to you.

Have you contacted the TV licence people to ask their opinion - it is they who should refund you if they come to the same conclusion as you.

To answer your question - a genuine dispute which would be covered by the guarantee would be refunded by the bank even though the account had been closed.

I'm not sure if the original poster is looking for the morals on if its right to action an indemnity claim, I think the original poster is asking if its possible to be done on a closed bank account.

I've actioned a indemnity claim in the past and found it very straightforward to do, visited the bank, explained that the direct debit shouldn't have been taken out(it was an oversight on my behalf) and that I wanted x amount to be indemnified under the scheme and my rights. The money was put back into my bank account within 2 hours with nothing further said. I'm not sure how that would have been if that same bank account was closed though, I suppose the original poster has nothing to lose in asking the bank direct.

dunstonh

So basically I took out a tv licence after separating a few years ago as i received a letter when moving into the property telling me that i was required to get one.... I have since found that it isn't actually a legal requirement to own a tv license and I haven't used any of the services mentioned in those requirements as anything i watch is subscription based or through youtube and is never live!
Therefore i believe that money has been incorrectly taken from me! 

As the others have said above, that is not grounds for using the direct debit guarantee scheme.   

The scheme is about refunding payments that have breached the scheme rules.  i.e. not notifying you in advance of an amount agreed and/or taking a different amount to that agreed.  Its basically a safety scheme to encourage people to use it as they know the bank will refund if there is an error.   It is not a scheme to be used for contract disputes.

In your case, there is no error by TV licencing.     So, the bank shouldn't refund you based on your reason.   If you believe you have a case, you make it directly with TV licencing as that is who your dispute is with.   

Remember that a dd guarantee refund is not free money.   Should the bank agree to refund, maybe because you give them a false reason, then you will owe TV Licensing the money, and it will become a debt as you will show as being in arrears.   TV licencing will then treat you as a non-payer which can lead to legal action and you can be fined £1,000 and gain a criminal record in addition to also having to pay what you owe.

retiredbanker1

[Deleted User] said:

retiredbanker1 said:

IMO the direct debit guarantee does not cover disputes such as this.
You took out a licence under your own volition -who has advised you that one was not required (your mates down the pub?) - they took the payments that you agreed to.  They have not taken any payments not advised to you.

Have you contacted the TV licence people to ask their opinion - it is they who should refund you if they come to the same conclusion as you.

To answer your question - a genuine dispute which would be covered by the guarantee would be refunded by the bank even though the account had been closed.

I'm not sure if the original poster is looking for the morals on if its right to action an indemnity claim, I think the original poster is asking if its possible to be done on a closed bank account.

I've actioned a indemnity claim in the past and found it very straightforward to do, visited the bank, explained that the direct debit shouldn't have been taken out(it was an oversight on my behalf) and that I wanted x amount to be indemnified under the scheme and my rights. The money was put back into my bank account within 2 hours with nothing further said. I'm not sure how that would have been if that same bank account was closed though, I suppose the original poster has nothing to lose in asking the bank direct.

I refer you to the last paragraph of my reply.