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trashedboy

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  1. I'd have thought (naivety again?) that the mechanics of how direct debits are processed are irrelevant, and ultimately should be the supplier/banks' problem. Economically, it certainly makes sense to make it the consumer's problem as they will get away with it most of the time regardless of correctness. The wording of the direct debit guarantee does not make the association of "direct debit amount = billed amount therefore correct", but rather states "if an error is made by us or by your bank...". Billing the wrong amount is just as much an error in my mind as taking a different amount to that billed. Is anyone aware of any case law or, better still, ombudsman rulings for this situation? I agree, the meaning of "its sorted" is wide open to interpretation as well as being somewhat unprofessional. What is it reasonable for the average consumer, who has not been in this situation before, nor worked in the industry, to take it to mean? If, say, the phone call commences "I've been billed the wrong amount" and ends "its sorted" then the assumption that the bill has been corrected is extremely reasonable. Mark Blackpool's comment regarding reversal vs obligation to pay could be very relevant, especially given the way everything is run on automatic - would a reversal, even with a manual payment, then reinstate the non-DD fee or other penalties thus rendering the guarantee protection meaningless. Given the seemingly limited, or even irrelevant, protection of the guarantee, it is a shame companies are allowed to make such large penalties/discounts for direct debit payments. As you say Buzby, life is too short to be chasing refunds yet often the price difference means those of us who can least afford it when it goes wrong feel we have limited choice.
  2. Does the fact Trixiewillis contacted Orange to dispute the amount prior to the direct debit being collected not make a difference? Surely doing this effectively withdrew permission to take the billed amount. The Orange agent saying "all sorted" would also seem to imply a revision to the billed amount. I accept I may be being totally naive here and that the DD guarantee is almost meaningless.
  3. Hi, I'd consider asking for a refund via your bank. Part of the direct debit guarantee states: "If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society" The ombudsman is quite clear on this too financial ombudsman - direct debit guarantee Given the incorrect billing by Orange has caused knock on problems and charges, requesting a refund of that particular transaction from your bank would mean you haven't now gone overdrawn and so unravels the charges. If they refuse or try to pass you back to Orange then, not only would this make them in breach of the guarantee, but, they would in fact be seeking to profit from their breach with the subsequent charges.
  4. Thanks. CAB person I saw didn't seem bothered by them asking for proof but didn't seem to understand my reluctance either. Writing reply now, pointing out that on a pro rata basis they'd get far less than £1.
  5. I' have a few debts (credit cards and overdraft) that I am unable to pay but accept are mine. Interest has been stopped on all of these a long time ago and all have been passed on to third party collectors. Most of my creditors have accepted a token £1 monthly payment. One has not yet done so and is asking for proof of my student grant and loan before it will do so. The solicitor acting for them has also indicated that even with this, the least their client would accept is £5 per month. I imagine this is just an attempt to get more money from me. I've told them the others have accepted £1 for larger sums owing. I don't feel comfortable sending copies of personal financial information to this company, especially if it might not even have the desired result. Whilst I can blank out reference numbers etc, the letters of entitlement still give clues to the sort of course I am on due to the amounts and type of loan and grant. My question is, do I have to give them this information? I'm asking them to accept a very small sum so can appreciate they might want some assurance that my circumstances are genuine. Given the way some of these companies act, however, I really don't want them to know where or what I study or who I currently bank with. If I refuse, would it reflect badly on me should it end up in court? Thanks in advance for your advice.
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