Direct debit advice

[jabberwock]

Hi There,

 

New here and hoping somebody can help with my troubles! Also apologies as wasnt sure which forum this would fit in.

 

I changed my bank details with fitness first a few months ago and they didn't change it before the due date (i gave them over 3 weeks notice). I then came off holiday shortly after the due date to find i'd been charged £63 by Halifax (£35 & £28 ) as they took the money from my old bank account. Suffice to say i had moved banks and this had £0 in.

 

The company has since refunded the £35 yet are refusing to budge on the additional £28 saying i should speak to Halifax and that "there is no point ringing them again as they refuse to refund it"!

 

Im pretty sure their not allowed to do this as its due to their errror i'm down by £28 yet they seem to think Halifax are in the wrong for charging the £28?

 

Can somebody please advise further?

 

I have already asked on MSE if this looks familiar however i have not had much help other than the 'send them a letter'. I did hope something so trivial could be sorted without a complaint being raised but it seems the alleged "customer service" arent very helpful.

 

Many Thanks

Edited December 4, 2008 by jabberwock

[SOD'EM]

Hi jabberwock and welcome to the CAG,

 

Although we feel these penalty charges are unlawful, they are still allowed until the ongoing court case between the Office Of Fair Trading and the High Street Banks is settled. This is taking some time but we all believe on here that we will win.

 

As you have already been told. your best bet at the moment would be to write to the Halifax letting them know that you are aware of the ongoing case and you will pursue it till the end. With a bit of luck, they will let the small matter of £28 pass but I wouldn't hold my breath.

 

Sorry I couldn't be more help

[jabberwock]

Hi There,

 

Thanks for the help.

 

I am not after claiming my charges back from the bank, it is more fitness first as their error has resulted in the charges.

 

They have admitted liability in refunding the initial £35 but refuse to refund the further £28 as they feel it is too high.

 

They also feel i should be blaming the bank even though it is clearly their fault i have incurred this charge, they have said to contact the bank and ask them to refund it whom have in turn said that fitness first should be refunding as its their fault.

 

FF expect me to pay for their mistake and im aghast at the fact that they are trying to get away with this?

[indebtstudent]

Currently the legal situation is unclear, keep on at FF. Adv them in writing you will have no alternatvie but to initial court proceedings against them if they do not cover the charge. They have no put you in the situation you were in before thier error, don't be afraid of getting them some negative publicity if this is at all possible.

 

I wouldn't go to court for such a sum but it is worth making the threat IMO.

[enamae]

Must be about 5 years ago I had a couple of Direct Debits go through early causing 2 charges to be applied to my account. I contacted the Co. and they reimbursed the charges. However I don't think this is covered by the Direct Debit Guarantee and I was just lucky.

 

link to FAQ's Direct Debits

 

Direct Debit FAQs

[SOD'EM]

Maybe if you were to tell them you intend to go to Trading Standards and the likes they will back down?

[jabberwock]

I may have to speak to Trading Standards after work as i rang Fitness first on my lunch and for some inexplicable reason believe they do not have to refund the £28 'unauthorised overdraft fee' even though this was incurred due to their error.

 

My main problem is the initial sheet used to update my details is with the actual branch, im going to obtain copies later today as i have a feeling i will need these as evidence.

 

I have also been advised by them to contact my bank and to ask them to contact the fitness first revenue department? Though on querying this she merely said "they will speak to them" with no explanation as to why, excellent customer service i must say.

 

The minion also refused to escalate my complaint to her manager (though thats not her decision to make) as he/she had made their decision yet not given a specific answer, all she could give me was "we arent willing to refund the unauthorised overdraft charge" with no real reasoning.

 

Just as a sanity check, am i being completely unreasonable in expecting them to cough up for their mistake? Overdraft fee or not, its their error which caused this charge to be incurred - i dont know how easier i can make it for them without being rude?

 

Also im quite willing to take this as far as it needs to be taken as at the end of the day its their error and i'm £28 worse off for it.

Edited December 4, 2008 by jabberwock

[jabberwock]

It appears Trading Standards are unable to get involved so they referred me to Consumer Advice, they have basically mentioned as before. Forward a letter giving them 14 days to pay up otherwise it will go to small claims.

 

I understand that if i obtain the proof from my local branch showing the date on when i requested the change along with the paperwork from the bank it is quite clear they won't have a cat in hells chance of winning however it does seem extreme...yet i am still out of pocket due to their incompetence.

 

Are there any other routes i could take? I know they may think i wont go to court over £28 but still, its the principle of the fact and i refuse to let them get away with this especially from the conversations i have had with their untrained customer service department blindly refusing without giving good reason.

 

I have also spoken to my bank and asked if they would be able to contact Fitness firsts revenue department and advise that it IS their fault and that it IS their responsibility to refund me. I'm half tempted to cancel DD/start indemnity claim but i know that would result in this getting worse.

 

It's extremely frustrating as any other company would put their hands up and admit its their fault and refund without hesitation however fitness first seem to be acting like children and refusing to "suffer the consequences" by not refunding a charge they caused. Why they expect me to pay baffles me.

Edited December 4, 2008 by jabberwock

[SOD'EM]

I would cancel the DD anyway in case it happens again. What would happen if you canceled it and used their privileges/services for a month or so and told them you would make up for it when your DD is sorted.

[jabberwock]

I have already cancelled the DD and it has not been called for since (from my old bank account at least) , i did ask them to change it in June and then again once i had been charged.

 

However they still did not do this and i had to ask for a 3rd time (early July) and make them do it there and then where it took less than 5 minutes to update. Astounding really, all this over a 2 minute job.

 

Admittedly this did occur a few months ago however i waited to see if Halifax would indeed take the £28 charge in August, it has been a struggle since then as the branch has had the member of staff leave who was dealing with this request, as such it was put back another month orso as they really do seem to sit on stuff like this.

 

Im hoping to see the member services manager tomorrow to discuss this hopefully she will be able to do something about it (their new branch manager starts monday). I would even accept a free month thrown on at the end of my current contract even as i recently upgraded to the national membership @ £33.95pm.

[jabberwock]

Hah, it seems the region manager for my area was less than impressed with the treatment i have received and i can be expecting a refund within the next seven days.

 

They also require the time/date of my last call to the rude member of staff yesterday so i think somebody may be getting a earful for christmas.

 

Many thanks for the help guys.

[SOD'EM]

LOL nice one jabberwock. This could have all been resolved ages ago without

all their arrogance. Wish I was a fly on the wall when they get their reprimand.