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  • FIRST POST
    • rufuschucklebutty
    • By rufuschucklebutty 10th Aug 18, 7:51 PM
    • 67Posts
    • 12Thanks
    rufuschucklebutty
    Direct debit question
    • #1
    • 10th Aug 18, 7:51 PM
    Direct debit question 10th Aug 18 at 7:51 PM
    I set up a 12 month DD and six months in the company has contacted name to say it was never processed and now I must pay the full six months and set it up again. I'm not sure yet whose mistake this was.

    Just wondered if I am responsible legally speaking to sort this out, or could it be argued that if the company failed to take the money I have no duty to pay up ?

    Expecting I am though.

Page 1
    • Terry Towelling
    • By Terry Towelling 10th Aug 18, 8:24 PM
    • 341 Posts
    • 224 Thanks
    Terry Towelling
    • #2
    • 10th Aug 18, 8:24 PM
    • #2
    • 10th Aug 18, 8:24 PM
    Did you not notice that the DDr was not being taken?

    I could be wrong but I suspect the DDr is a bit of a red herring here. The real issue is presumably that you have entered into a contract with a company and that means they are bound by its terms to provide whatever the goods/services are and you are bound by its terms to pay for them - or you may be in breach of contract even if it was their fault for not setting up the payment schedule properly.

    On top of that, if this is connected with some kind of credit agreement, there could be repercussions for your credit rating if you don't pay up. It's usually best to be honest about things and play it straight.
    Last edited by Terry Towelling; 10-08-2018 at 9:34 PM.
    • Westie983
    • By Westie983 11th Aug 18, 3:16 PM
    • 4,495 Posts
    • 15,042 Thanks
    Westie983
    • #3
    • 11th Aug 18, 3:16 PM
    • #3
    • 11th Aug 18, 3:16 PM
    I set up a 12 month DD and six months in the company has contacted name to say it was never processed and now I must pay the full six months and set it up again. I'm not sure yet whose mistake this was.

    Just wondered if I am responsible legally speaking to sort this out, or could it be argued that if the company failed to take the money I have no duty to pay up ?

    Expecting I am though.

    Originally posted by rufuschucklebutty
    Have you made any payments? What was the DD for?

    If you have not then yes you still have to pay up, as i'm assuming you have still had the goods or service, but not paid for them due to an error, sounds like their error and they are rectifying the issue and asking for payment.

    Westie983
    Save 12k in 2018 #10 Total (25,000)+13,000/12,000 = 108.33%
    Sealed Pot Challenge ~ 11 #97 Total (410) + 40/500 = 8.00% ( x 11)
    Xmas 2018 1 a Day #2 Total 62.59/365 = 17.14%
    Virtual Sealed Pot #1 Total 1200/1000 = 120.00%
    2 Savers Club 2018 #16 Total (1500)+-470/2000 = 51.50%

    Total 15,332.59/15,865 = 96.64%

    I'm a Board Guide on Budgeting & Bank Accounts, Debt-Free Wannabe, Disability Money Matters, and Savings & Investments. I'm a volunteer helping the boards run smoothly, but I'm not a moderator, and do not read all posts. If you see an inappropriate/illegal post then email forumteam@moneysavingexpert.com
    • rufuschucklebutty
    • By rufuschucklebutty 11th Aug 18, 9:53 PM
    • 67 Posts
    • 12 Thanks
    rufuschucklebutty
    • #4
    • 11th Aug 18, 9:53 PM
    • #4
    • 11th Aug 18, 9:53 PM
    Yes I have used the service, there was no credit in operation, I just wondered if they neglected to take payment if it was their problem not mine. They would have failed to uphold the DD contract not me ?
    • colsten
    • By colsten 11th Aug 18, 10:37 PM
    • 9,108 Posts
    • 7,942 Thanks
    colsten
    • #5
    • 11th Aug 18, 10:37 PM
    • #5
    • 11th Aug 18, 10:37 PM
    Yes I have used the service, there was no credit in operation, I just wondered if they neglected to take payment if it was their problem not mine. They would have failed to uphold the DD contract not me ?
    Originally posted by rufuschucklebutty
    As they are not charging you any late payment fees, you don't have a leg to stand on. You received / are receiving a service, and you had agreed to pay for it, so you'd be well advised to pay before they hand over the bad debt to a debt management company.
    • nic_c
    • By nic_c 11th Aug 18, 11:24 PM
    • 1,612 Posts
    • 877 Thanks
    nic_c
    • #6
    • 11th Aug 18, 11:24 PM
    • #6
    • 11th Aug 18, 11:24 PM
    Just because the DD mandate was not processed, does not mean you get out of the service agreement or out of paying for the service you have agreed to. Did you notice it not going out and assume you had a freebie?

    You will need to pay for the service you had, if you can't pay it straight away you may see if they are willing to give you time to pay.
    • Terry Towelling
    • By Terry Towelling 12th Aug 18, 1:44 PM
    • 341 Posts
    • 224 Thanks
    Terry Towelling
    • #7
    • 12th Aug 18, 1:44 PM
    • #7
    • 12th Aug 18, 1:44 PM
    Yes I have used the service, there was no credit in operation, I just wondered if they neglected to take payment if it was their problem not mine. They would have failed to uphold the DD contract not me ?
    Originally posted by rufuschucklebutty
    The DDR is just the method of paying; it isn't essentially part of the contract; which is to supply services to you in exchange for payment for them.

    If you are receiving a service on a monthly basis in return for monthly payments then you are probably right that there is no credit agreement in operation but if you are receiving an annual service (e.g. insurance premium) in return for monthly payments then it might amount to a credit agreement. You will know which is which by checking what you signed for when taking out the contract.

    It may also help to imagine it the other way around. If you were owed money for providing a service (e.g. your wages for your job) and some error in the payment process meant the wages didn't reach you, would you let them off?

    I suggest you pay up soonest unless you fancy winging it and risking a knock at the door from two big burly men with a high court writ.
    • DCFC79
    • By DCFC79 12th Aug 18, 2:35 PM
    • 32,302 Posts
    • 20,314 Thanks
    DCFC79
    • #8
    • 12th Aug 18, 2:35 PM
    • #8
    • 12th Aug 18, 2:35 PM
    If the money hasn't been taken then surely you can make a 1 off payment. You owe the money so pay it.
    • rufuschucklebutty
    • By rufuschucklebutty 14th Aug 18, 1:25 AM
    • 67 Posts
    • 12 Thanks
    rufuschucklebutty
    • #9
    • 14th Aug 18, 1:25 AM
    • #9
    • 14th Aug 18, 1:25 AM
    Just wondered.

    I fully intend to pay it, its not a problem.
    • nic_c
    • By nic_c 14th Aug 18, 7:57 AM
    • 1,612 Posts
    • 877 Thanks
    nic_c
    Just wondered.

    I fully intend to pay it, its not a problem.
    Originally posted by rufuschucklebutty
    Just wondered what? If there was some angle you could play to say you don't owe it
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