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Help re Nationwide DD indemnity claim nightmare


billywonka
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I have processed a Direct Debit indemnity claim with nationwide for a number of unauthorised Direct Debits from the one provider.

 

whilst going through some bank statements before my house move I noticed that there were monthly payments of £28.00 coming out of my account for 3 Mobile.

 

I do not have a contract or any dealings with 3 mobile neither do any other household members;

my nationwide account is also in my sole name and not joint.

 

the £28.00 per month payment has been deducted between 01/11/12-03/11/15.

With it being such a small amount I had never noticed the payments coming out till I was going through old paper work when moving house

 

- I called Nationwide and filed an indemnity claim as the payments were never authorised by myself

(I did also call 3 mobile however as I am not a customer with them they couldn't help)

 

I filed for the dd indemnity claim on 5/11/16 with an agent on the phone who told me it would be credited to my account by 7/11/16

 

- on the 8/11/16 there was nothing in my account

I called nationwide and they advised me that it would take 3-5 working days to process the claim and it should be sorted by then,

 

today I called them again and they have told me that all the information previous advisors have given me is wrong and they have 10 working days to investigate as they need to go through the archives to make sure these payments have not been claimed before and it also falls outwith their 13 month period?

 

I feel as if im being passed from pillar to post with them and no ones is providing correct information.

 

As per the DD guarantee I was made aware from 1st agent I spoke with that a DD indemnity provides you with a full and immediate refund?

 

What are the chances of getting this money back or is there anything else I can do to push this along?

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Totally agree

Should be immediate

 

Not sure who you're best target is?

FOS, I would guess

 

Give them a ring tomorrow

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Time to put your foot down, make a formal complaint to them. General rule is that they can sort this in 48 hours if its Nationwide. :)

Technically they were correct but I suspect something has gone wrong. You will deffo be able to get the money back

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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I called and spoke to Nationwide again this morning

- advised them of the DD Gaurantee and quoted it word for word to the agent I had spoken to.

 

She then advised me that there are notes on the system regarding my previous phone calls and at this time there is nothing more they can do to help me as the bank are still "working within their timescales"

 

I asked the agent what the notes said and she advised me that "as the DD indemnities are outwith their 13 month period the bank needs time to investigate it,

 

they need to go through archives and the DD payments which were taken are no longer showing in my regular payments list

they need to check everything to make sure the payments haven't been claimed before and that the bank (Nationwide) will get their money back when the claim goes through.

 

Again at this point I reiterated the DD guarantee to which she again advised they can do nothing more as they have 10 working days to investigate the claim and suggested that I call back at the end of the 10th working day.

 

I then advised that if they have 10 working days to investigate and get the relevant information then the money will be in my account at the end of the 10th working day at the latest

 

to which she advised Im not going to say yes or no

- we have the right to investigate and will let you know the outcome.

 

I then asked to speak to a manager or complaints department as I am seeking advice from FOS and BACS regarding this

 

she advised there is nothing anyone else can do to help me as they are still within their timescales of 10 working days.

 

Can anyone offer any further advice

- feel as though im banging my head off a brick wall with nationwide

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I think they may be mis interpreting the rules, have a read here

 

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

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My understanding is that you should receive a full and immediate refund.

The bank can then investigate and should they find you were not entitled to a refund, could reclaim any amounts back from your account.

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B

My understanding is that you should receive a full and immediate refund.

The bank can then investigate and should they find you were not entitled to a refund, could reclaim any amounts back from your account.

 

Yes that's exactly what im thinking Martin

- as the DD guarantee states if you receive a refund your not entitled to you must pay it back when the organisation asks you to

 

- doesn't matter who I speak to on the phone they are all unwilling to help me

- every time I have called I have asked to be put straight through to the indemnity department

 

when I quote the guarantee the agents I speak to seem to acknowledge this and agree it is correct but keep fobbing me off stating this only applies to current Direct debits which have came out recently

- as mines is from a while ago they need to investigate?

 

The agent I filed the indemnity claim with on the phone at the initial phone call was clearly able to see all the pmts which were made to the phone company and she was able to find another 3 payments which came out (my paper statements at home only went to a certain date)

 

she checked back a few months from the dates I gave her to make sure there was no others which were missed

 

- if they can see the payments were clearly taken from my account and I had not authorised them and the mobile company will not speak to me as I don't have an account with them

 

they are unable to find anything by searching my address and postcode, then what do the banks need to investigate?

 

surely they cannot liase with the mibile phone company as this will be a breach of data protection?

 

What exactly do hey need to investigate it is clear I never authorised these pmts and they are all showing on my statements?

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0300 1239123

 

Give the Financial Ombudsman a call

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Hang on wait... Yes i do remember something about the 13 months thing and actually i think they might have the right to take longer to do this.

 

But you missed my key advice!! COMPLAINT!!!

 

Email -

 

MD / CEO of NW, raise a formal complaint get a case handler to see it through to finish. That way stuff doesnt get lost

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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spoke to them yesterday around 2pm

- requested to speak to their manager to make a formal complaint

 

 

- she took all details and logged a complaint and said she would look into this and call me back as soon as possible.

 

 

Had a call back within the hour advising the money would be in my account by 4pm and they apologised for the delay and mis information from other departments

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And was it back?

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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half of it is back so far

- apparently they need some more time to get the remainder of it processed which they said should be sorted for close of business today

- they have refunded 18 months so far

- just the earlier ones still to be refunded which are from 2012-2013

- they have refunded all of the 2014/2015 payments

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Amazing how they suddenly find the account info when you threaten them with action and show them.you know your rights

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So despite their 13 month "rule", persistence has paid off for you, well almost!!

 

Well done for sticking at it, it really does show that all they do is try and fob people off!

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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:whoo:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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