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Direct Debit Guarantee Scheme Question (Halifax)

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  • Bar-Code
    Bar-Code Posts: 5 Forumite
    edited 4 January 2011 at 10:42AM
    @PoohSticks
    sorry for not making it clear ..I in the sense I along with my GF..so when I was talking to to the advisor she was beside me ..and I was just helping her out :silenced:

    @YoungNick : thanks a lot for the Link..Probably we will have to take a print out of it and carry it to show halifax staff next time ..

    @zzLazyDaisy : you are probably the luckiest....Its purely the case of poor customer services from halifax... first we have spoken to the halifax telephone banking system who suggested us to go the nearest halifax bank and suggested to fill the form to get the money back...but when we went to the bank the advisor was pretty rude ...and gives me random and irrevalant answers...so I left and spoke to paypal..and went back to her again and mentioned the points I gathered here ..her final reply was that her system was down (though I could see it running perfectly with my naked eye)...so she cannot proceed and we have to turn up some other day ..I wonder why these advisors act as if they are losing the money from their own pockets instead of acting straight according to terms mentioned in direct debit gurarentee...gosh...I would never recommend any one to have an account with halifax....

    thanks a lot guys ...I will update you again soon :o
  • pmduk
    pmduk Posts: 10,681 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'd start along the formal complaint route with Halifax. It often concentrates their minds
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    edited 4 January 2011 at 11:51AM
    YoungNick wrote: »
    Under the terms of the Direct Debit Guarantee, your girlfriend is entitled to an immediate, no questions asked, refund of any direct debit she says is mistaken. See this, from the financial services ombudsman:
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/27/27-directdebit-guarantee.htm
    Bank staff often do not know, or pretend not to know, that.
    It's fraud. This FOS ruling is strongly suggests that the Direct Debit Guarantee doesn't apply.
    In this case, as Mr M had not authorised a direct debit, the direct debit guarantee was not strictly relevant
    That said, the bank should be progressing this as a fraud investigation. If I've understood the latest regulations correctly, the account should be refunded with the missing funds until the investigation is completed.
    Bar-Code wrote: »
    Its purely the case of poor customer services from halifax... first we have spoken to the halifax telephone banking system who suggested us to go the nearest halifax bank and suggested to fill the form to get the money back...but when we went to the bank the advisor was pretty rude ...and gives me random and irrevalant answers...so I left and spoke to paypal..and went back to her again and mentioned the points I gathered here ..her final reply was that her system was down (though I could see it running perfectly with my naked eye)...so she cannot proceed and we have to turn up some other day ..I wonder why these advisors act as if they are losing the money from their own pockets instead of acting straight according to terms mentioned in direct debit gurarentee...
    Not defending the staff in any way shape or form. They should have identified the problem when you've flagged things and dealt with it accordingly.

    You have had money fraudulently removed from your account. Stop talking about Direct Debit Guarantees and start talking about fraud. This isn't a misunderstanding over the date or amount of a utility bill. Until you have a fraud claim submitted you are wasting your time. Given the delays I would also be asking for out of pocket expenses for their failure to act.
  • pqrdef
    pqrdef Posts: 4,552 Forumite
    opinions4u wrote: »
    You have had money fraudulently removed from your account. Stop talking about Direct Debit Guarantees and start talking about fraud. This isn't a misunderstanding over the date or amount of a utility bill. Until you have a fraud claim submitted you are wasting your time. Given the delays I would also be asking for out of pocket expenses for their failure to act.
    And the bank is the victim, not the customer. They've paid out against an (accidental or deliberate) incorrect claim for payment, the customer hasn't done anything. The bank is the loser, until they get it sorted out. They're only making it worse by trying to cover their own loss using the customer's funds. They've got no basis for doing that unless they suspect the customer of being involved.
    "It will take, five, 10, 15 years to get back to where we need to be. But it's no longer the individual banks that are in the wrong, it's the banking industry as a whole." - Steven Cooper, head of personal and business banking at Barclays, talking to Martin Lewis
  • System
    System Posts: 178,340 Community Admin
    10,000 Posts Photogenic Name Dropper
    In this case, as Mr M had not authorised a direct debit, the direct debit guarantee was not strictly [my italics] relevant.
    However,
    The bank [had already] readily accepted that, in accordance with the direct debit guarantee, it should refund the direct debits incorrectly paid.
    It is elementary banking law that a bank cannot debit a customer's account unless it has authority from the customer to do so. When they pay a DD, banks rely on the good faith of the payee to be able to produce such an authority. If the payer denies that any authority exists, the bank must accept the payer's word (but can threaten all manner of sanctions if it subsequently turns out that the payee was in the right.)
    Refund first. Questions, if any, later.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,340 Community Admin
    10,000 Posts Photogenic Name Dropper
    pqrdef wrote: »
    And the bank is the victim, not the customer.
    Not really. The bank has a right to an immediate reversal of the payment, under the terms of the indemnity that all users of the DD scheme have to give the banks. This indemnity given by DD users is not to be confused with the guarantee banks have to give their customers of an immediate refund, no questions asked, of a direct debit the customer says is mistaken.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • I had a problem like this with a Direct Debit when I was with the Halifax - I had to go into Branch like others have said, and go through all this...

    Very funny with NatWest - Call Telephone Banking, the Direct Debit was recalled in 2 seconds and the money back in my account the next day..

    NatWest can do this but Halifax can't?

    I hate the fact with most Halifax Branches they don't have private rooms and have to let everyone hear the problems or query you have on the account... :mad:
    David :)
    £1 of debt is too much for me!
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    I had a problem like this with a Direct Debit when I was with the Halifax - I had to go into Branch like others have said, and go through all this...
    It is strange, because their telephone banking service is capable of organising this.
    NatWest can do this but Halifax can't?
    Sounds like a training issue to me.
    I hate the fact with most Halifax Branches they don't have private rooms and have to let everyone hear the problems or query you have on the account...
    How many of the 650+ Halifax branches have you actually been in? Your statement is incorrect.
  • rb10
    rb10 Posts: 6,334 Forumite
    NatWest can do this but Halifax can't?

    Halifax can refund under the DD guarantee straight away. But in this case, it's not the DD guarantee that applies, it's a fraud claim. (However, they can also refund fraud claims straight away ... but like everywhere, they don't always get it right).
    I hate the fact with most Halifax Branches they don't have private rooms and have to let everyone hear the problems or query you have on the account... :mad:

    I have never ever seen a Halifax branch that doesn't have any private rooms.

    Maybe if you're concerned about other people overhearing it would be worth either calling telephone banking from home, or asking when you're in the branch to speak to them somewhere private?
  • What I'm about to say to you all may come as a shock to you all, I advise you all be seated and prepared before continuing... good? okay here goes.

    My experience with DDI claims is as follows: I have had to do these a number of times in the recent past on a Santander account. The claims were made over the phone and each time the money was back in my account before I had even finished the call.

    Maybey they do get something right after all! :rotfl:
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