charged by bank for dd but didn't know it was coming out!

jodenice

I had just enough money today to pay a longstanding direct debit before I get paid tomorrow.

Another direct debit however, 'an initial payment' has come out as well, leaving the longstanding one to bounce and Natwest has immediately issued me with a £38 charge! £38!! Shocking!

Anyway, they say its nothing to do with them, contact the people who mistakenly took the dd out. (I knew it was coming but thought that it was coming out on the 15th)

So i did, and they said they MAY be at fault but maybe not, they want to listen to a recording of the call i made to see if there was any way i could be at fault and in the meanwhile can I write them a letter and send them copy of charges..

I can't even remember what I said. It was the beginning of last month. Can I do anything? Can i get a copy of the recording? Surely they should still have sent something to me in writing?

Gaaaah!

BruceyBonus

jodenice wrote: »

Can i get a copy of the recording?

You will have to ask for a copy of the recording under the Data Protection Act. They are allowed to charge up to £10 to release any information they hold about you.

JohalaReewi

Direct Debit Guarantee scheme. The company taking the money should notify you of when and how much they will be taking at least 10 days in advance. If they don't or they take too much or take it too early they have goofed. You should get an immediate refund (from your bank) if you want one, and the company should refund your out of pocket charges, interest etc.

http://www.bacs.co.uk/BACS/Consumers/Direct+Debit/Your+rights/

YorkshireBoy

JohalaReewi wrote: »

...the company should refund your out of pocket charges, interest etc.

http://www.bacs.co.uk/BACS/Consumers/Direct+Debit/Your+rights/

I don't believe that "out of pocket charges, interest etc" are covered by the scheme, meaning some goodwill or small claims court action may be required.

Mikeyorks

jodenice wrote: »

(I knew it was coming but thought that it was coming out on the 15th)

Surely they should still have sent something to me in writing?

Yes they're obliged to advise you of the value / timing of the DD, in writing. But are you sure they haven't done so (Email counts) at the time you initiated the transaction? As, with respect, you don't appear too certain of the facts?

jodenice

Hi, yep I know i seem a little hazy but thats because of the wording of the conversation I had with the lady at the time (i.e. the direct debit has been set up to come out on the 15th of every month but I don't remember her telling me that an initial payment would come out earlier but could I swear on it? not sure) but i definitely never had it in writing and they've never emailed me. Basically, it was a big surprise to find that debit taken out and charges applied this morning.

JohalaReewi

YorkshireBoy wrote: »

I don't believe that "out of pocket charges, interest etc" are covered by the scheme, meaning some goodwill or small claims court action may be required.

They're not which is why you have to get the company to refund them (not your bank).

jodenice

Update on this:

I wrote to the insurance company, along with statement showing charges and they sent me a letter back saying 'your statement does not prove that we caused the charge, we will refund you if you get a letter from the bank saying it was our payment that caused the charges'. They also then said 'our call recording system was not working'.

So my bank are writing me a letter and they have said I should also apply for an extra £20.72 under the direct debit indemnity scheme as I was not informed of the payment or the payment date nor did I get any confirmation in writing at all.

i wish I could charge them my hourly fee for all the faffing about too!