Should I have to wait 28 days to get my money back from TOTO?

pinstrypsoldier · 2 August 2018 at 7:26PM

Hi all,

Had no end of problems with Toto. I won't go into it too much but I switched to Outfox The Market back in March and I'm STILL paying Toto for my gas - even though my new supplier confirms they are now supplying my gas.

After constant calls to Toto and being told someone will call me back, (which they never do), they've now cancelled the DD and said it will be passed onto the billing team (after me saying i would be going to the energy ombudsman) and i will get any money back that they owe me (around £400!!) after 28 days.

It just seems a bit rich that i have to wait a month to get back the money they shouldn't have taken from me in the first place.

Is there any way around this? I need that money now! I was just checking over my budget now that i finally have time, to try and figure out why i have less money available than normal and this is why. I need that money.

Many thanks
Dan

trickytree1963 · 3 August 2018 at 12:59PM

If they took DD's AFTER you left contact your bank and invoke the direct debit guarantee.

macman · 3 August 2018 at 1:23PM

Why didn't you cancel the DD once you received the final bill-which should be within 6 weeks of the switch?
No one but you can cancel the DD-it's your account.

pinstrypsoldier · 5 August 2018 at 12:18PM

macman wrote: »

Why didn't you cancel the DD once you received the final bill-which should be within 6 weeks of the switch?
No one but you can cancel the DD-it's your account.

As I said in my post - Toto actually cancelled the DD in the end.

Companies almost always cancel DDs after the account is closed so I’m not sure what you mean? Obviously you are the only one that can cancel the DD from the bank’s end, but companies can (and almost always do and should do) cancel DDs on their end at the end of an account. People don’t have to go to their bank account and physically cancel DDs themselves every time they cancel a membership with something?

Anyway, the real question - the real fault on my end - is letting it go on for so long which is totally my fault (though Toto still have an obligation to cancel the DD on their end as companies always do). The answer to that is that I get very easily confused with dates of switchovers/when last bills come in/forgetting to chase companies up and staying super aware of what’s going on in my bank account etc. Thankfully, this isn’t an issue most of the time as companies 9/10 just need to be told once that you’re switching and they actually do what they say and take care of the rest - just not on this occasion. Believe me, if I’d remembered/had the presence of mind to sort this out earlier, I would have - I’m not ‘fine’ with people take £80 a month from me for no reason.

The reason I’m ‘all over it’ now, is I was recently diagnosed with ADHD (which explains A LOT) and am now on medication, meaning this is all a breeze to chase up and stay on top of. It’s a shock how much needs catching up with (paid memberships for things I don’t need anymore like the gym etc but they’re entirely my fault because I haven’t cancelled them), but thankfully, I’m able to do it now. :T

pinstrypsoldier · 5 August 2018 at 12:20PM

trickytree1963 wrote: »

If they took DD's AFTER you left contact your bank and invoke the direct debit guarantee.

Thanks for your response.

Could I ask what you mean by this?

Also, the DD is done now. All I’m asking is if there’s a way around having to wait for so long for what’s mine?

JJ_Egan · 5 August 2018 at 12:38PM

No DD acccount to refund the money to ??
Is that the problem .

ValiantSon · 5 August 2018 at 5:48PM

Should you have to wait 28 days for the refund? No.

Do you have to wait 28 days for the refund? Yes.

It is perfectly legal for them to make you wait 28 days, I'm afraid. I don't believe it should be, but at present it is.

As to the direct debit guarantee, you are entitled to have the money refunded to you swiftly, if it should not have been taken. If they continued to take direct debit payments after you ceased being a customer (and not just one to settle the final bill), then they shouldn't have and you are entitled to the money back through the direct debit scheme. You should, therefore be able to make a claim under the guarantee and receive the money immediately in your account (the bank will then pursue the company for the money). You need to contact your bank and ask them to do this, but as a word of caution, given that Toto now seem to have agreed that they owe you the money, it might complicate things with getting all of the money back, if there are additional funds that are not due to the incorrect direct debit payments.

https://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

macman · 5 August 2018 at 6:27PM

pinstrypsoldier wrote: »

As I said in my post - Toto actually cancelled the DD in the end.

Companies almost always cancel DDs after the account is closed so I’m not sure what you mean? Obviously you are the only one that can cancel the DD from the bank’s end, but companies can (and almost always do and should do) cancel DDs on their end at the end of an account. People don’t have to go to their bank account and physically cancel DDs themselves every time they cancel a membership with something?

Anyway, the real question - the real fault on my end - is letting it go on for so long which is totally my fault (though Toto still have an obligation to cancel the DD on their end as companies always do). The answer to that is that I get very easily confused with dates of switchovers/when last bills come in/forgetting to chase companies up and staying super aware of what’s going on in my bank account etc. Thankfully, this isn’t an issue most of the time as companies 9/10 just need to be told once that you’re switching and they actually do what they say and take care of the rest - just not on this occasion. Believe me, if I’d remembered/had the presence of mind to sort this out earlier, I would have - I’m not ‘fine’ with people take £80 a month from me for no reason.

The reason I’m ‘all over it’ now, is I was recently diagnosed with ADHD (which explains A LOT) and am now on medication, meaning this is all a breeze to chase up and stay on top of. It’s a shock how much needs catching up with (paid memberships for things I don’t need anymore like the gym etc but they’re entirely my fault because I haven’t cancelled them), but thankfully, I’m able to do it now. :T

You don't understand how a DD works. The recipient cannot cancel it, all they can do is stop drawing on it-but it remains in place. Of course you should cancel it yourself, since no-one else can. You don't need to go to the bank to do this, you can do it instantly via your online account

pinstrypsoldier · 6 August 2018 at 8:54AM

macman wrote: »

You don't understand how a DD works. The recipient cannot cancel it, all they can do is stop drawing on it-but it remains in place. Of course you should cancel it yourself, since no-one else can. You don't need to go to the bank to do this, you can do it instantly via your online account

My point is I’ve never needed to cancel a direct debit myself after leaving a company before. They’ve always ‘cancelled’ it themselves (in their words). Whether that means they’ve actually cancelled it or have just stopped drawing on it as you say has never mattered in this past - either way I’m not paying them anymore. Whether the DD has just been changed to £0 or has actually been cancelled is a moot point as far as I’m concerned at that point.

When I said ‘go to your bank’ I meant online. I have cancelled DDs before but always as a ‘housekeeping’ task, not every time I cease being a customer of someone’s. It’s tough enough as it is keeping on top of things, without adding what should be (and is 99.9% of the time) an unnecessary step. :huh:

Smodlet · 6 August 2018 at 12:17PM

Cancelling a DD online takes about 30 seconds. You can either leave it to someone else and take the consequences or take control of the situation by cancelling it yourself. Your choice, of course but you could have avoided this situation a dozen times over in the time you have spent on this thread. Again, your choice just as it is to learn from this experience, or not to.

brewerdave · 6 August 2018 at 12:28PM

pinstrypsoldier wrote: »

My point is I’ve never needed to cancel a direct debit myself after leaving a company before. They’ve always ‘cancelled’ it themselves (in their words). Whether that means they’ve actually cancelled it or have just stopped drawing on it as you say has never mattered in this past - either way I’m not paying them anymore. Whether the DD has just been changed to £0 or has actually been cancelled is a moot point as far as I’m concerned at that point.

....when I switched current accounts , my then bank sent a list of DDs to the new bank, who forwarded to me for checking.

I believe that there were ~ 8 "old" DDs still existing ,which had dropped off the internet banking interface but were still recorded as live by the old bank. This included a couple to a previous utility supplier.

Now, I don't take the risk -I cancel myself!:)

Should I have to wait 28 days to get my money back from TOTO?

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