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Advice needed about Direct debits and Data protection


riosmum
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Hi Everyone, this is my first post...

 

I'm lookng for some advice about a worrying thing that has recently happened tome!

 

I purchased a new mobile phone with contract from Mobiles.co.uk which is part of The Carphone Warehouse. They requested my bank details to check my identity which I gave to them and they debited 1p from my bank account.

 

Received my new phone and all was going well until I received a text from T-mobile saying that my direct debit was returned unpaid. I immediately checked my online banking which had sufficient funds to pay them the line rental but I realised that there was not even a direct debit set up on the account from T-mobile.

 

I checked my other bank accounts and found that they (carphone warehouse) have set up a direct debit on a very old bank account that I no longer use.

 

This means that they have saved these bank details on their system for many years from when I last had a contract with them (over 3 years ago) and set up a direct debit without my permission then tryed to take money from a bank account that I no longer use therefore incurring me a £35 bank charge!

 

I have tryed to contact Mobiles.co.uk on 5 occasons now and spent approximately 90 minutes on hold - I have not been able to speak to anyone from the compny to discuss this matter. I have e-mailed their customer services and requested that a manager contacts me regarding this complaint (this was last friday and they have not responded)

 

Can anybody advise me as to what my rights are and if they are allowed to do what they did?

 

Please help! Many thanks

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Letter to mobiles.co.uk head office by recorded delivery (ammend to suit)

 

Dear Sir/Madam,

 

I write regarding my recent order for a t-mobile contract placed on your website.

 

During the order process I set up a direct debit to pay my monthly subscriptions to t-mobile and provided you with my current bank details in order for this direct debit to be set up on my behalf.

 

I have just been contacted by t-mobile and informed that the direct debit for my first bill has failed. I was most puzzled by this as the funds were available in my account. Upon checking it transpires that you set the direct debit up on an old bank account of mine that I no longer use.

 

As a result of your error I have incurred charges of £xx.xx from my bank and £xx.xx from t-mobile. I hold you fully liable for these charges as you were provided with the correct details but chose to set the direct debit up on the wrong account.

 

I expect full payment of £xx.xx within 14 days. Should this not be forthcoming a further letter before action will be sent before filing a claim against your company in the county court for the full sum owed plus interest. I trust this will not become necessary

 

Yours Faithfully

 

SIGN

 

NAME

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Your airtime contract is with T-Mobile and it is they who you are paying. You need to speak to T-Mobile to sort this out.

 

She'll need to talk to them to set up the correct bank details. But as mobiles.co.uk passed the wrong bank account details on to T-mobile it is they who are liable for any charges she has incurred as a result

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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