Direct Debit - Advice

J

Jayk69

Guest
Hi,

Looking for some advice on a matter. I have currently had a massive run in with my mobile phone provider. There is an ongoing issue here with regards to bill payment. This network has recently "upgrade" their system and their billing times had inadvertently gone out of their proper time frame. I was expected to pay two months bills in the space of a forth night and this would keep happening for a number of months until the problem had been rectified.

The Problem

When i seen this i rang the network and expressed my dissatisfaction at the service i was being offered. We came to an agreement then that my direct debit would be placed on hold until they ring me and explain that the situation was back to normal. I never received any call three months later. My account had run into arrears as a result of this.

My question

Can the service provider reactivate the direct debit without my consent?? I was told that in my call back all these details would be dealt with but no call. They then went into my account to take the full bill without notifying me that the direct debit was back in place so basically my rent payment due for this month has been taken out.

What can i do about this, if anything!?
 
While they had full authority to do this as there is a mandate with your bank, what you can do under the new payment services directive is go to your bank and ask that they return the direct debit. The dispute is then with your phone company.

It's probably not going to do you much good as the bank will be slow to return the funds but if you cancel the direct debit mandate they will not be able to go back into your account.
 
The supplier cannot take money from your account by direct debit without giving you advance notice. This could be in the form of an invoice or a payment schedule posted out to you. They cannot, for example, forget to make a few collections and then simply collect the lot in one go without giving you advance warning.

The supplier can reactivate your direct debit but must have your prior consent (which some suppliers are authorised to obtain by phone).

If you believe the supplier has broken any of these rules you should write to your bank and request that they reverse the direct debits in question. Give the reason (for instance that you didn't receive advance notice). Also request that the direct debit be cancelled.

This is an indemnity claim and should be paid promptly by the bank. Now you arrange a new payment method with your supplier to repay whatever you owe them over time.

It's best to do everything by letter in case your complaints get lost or forgotten in the bank or the supplier and later denied.
 
The supplier can reactivate your direct debit but must have your prior consent (which some suppliers are authorised to obtain by phone).
Click to expand...
The problem with some suppliers is they will continually reactivate the direct debit on the basis of the original authorisation by phone. BT were well know for this practice.
 
Thanks for the advice so far.

To clear the matter up, I do not deny the fact that I owe this company money but out of sheer frustration after call after call I still have heard nothing back.

I did sign a mandate for the company to take direct debit payment but as a result of their "system upgrade" their bills were rolling in on a time frame too close together. Its not the fact that I couldn't pay but the fact I signed up for my bills to be taken on a set date every month and now this was rolling over into the end of a month and the start of a new month.

As regards the direct debit, they offered to temp hold my direct debit but then reactivated it again WITHOUT my consent. Again I know that I am sounding awkward but I'm a paying customer whose being treated extremely poorly, and to prove a point I want to do something about it.

I rang their credit control on Wednesday only to be told, we have your money now so we don't care!!! The cheek.

Is it definite that they could not reactivate my direct debit without my consent??
 
After nearly missing a mortgage payment 9 yeras ago because of a mobile phone operator mistakenly DDebited my account on three occasions on the one day,I point blank refuse to use DD except on mortgages or a car loan,everything else I pay online and within the time frame allowed,they are paid at a time of my choosing and to the exact penny.

I will never forget checking my a/c at an atm (by chance)and discovering this,then having to arrange to meet my then Girlfriend (now wife) and borrow money off her and then travelling a good enough distance to lodge the money to my a/c,just ahead of the mortgage payment,all because of giving some clown in some 2bit mobile phone company,full access to my account...that never happened again.
 
Jayk69 said:
I still have heard nothing back.
Click to expand...
I don't understand what you want from this company?

Direct debit does not guarantee a date for collection every month partly because some days of the month are weekends or bank holidays. The supplier can collect on the pre-arranged date or shortly afterwards.

If the supplier collects a payment on a date they have not pre-arranged with you, then you should write to your bank requesting that the payment be repudiated in line with the direct debit guarantee. The bank will find in your favour as a matter of course and re-credit your account and it is up to the supplier then to prove that they sent you an advance notice that they were going to take this payment on this date (such as an invoice). If they are in the wrong they have no comeback and you just get your money back. You can do this up to 8 weeks after collection.

Your supplier appears to have difficulty operating direct debits so you should at this stage write to your own bank requesting that your direct debit be cancelled. You should write so you have proof for later.

As regards the direct debit, they offered to temp hold my direct debit but then reactivated it again WITHOUT my consent.
Click to expand...
Holding your dierc t debit means nothing. You need to cancel your direct debit in writing. Best to write to both your supplier and your bank.

I rang their credit control on Wednesday only to be told, we have your money now so we don't care!!! The cheek.
Click to expand...
They won't have your money when your make an indemnity claim as the money will be debited from your supplier's account automatically.

Is it definite that they could not reactivate my direct debit without my consent??
Click to expand...
Yes, but it appears from what you've written that they never cancelled your direct debit.
 
You must log in or register to reply here.
Menu
Log in
Register