O2 taking full contract amount by direct debit without my knowledge

[Byrne07]

Hello,

 

I have just checked my online banking only to see that O2 have taken over £500 from my account.

I spoke to O2 six weeks ago to explain that due to my student loan not arriving as yet and being made redundant I would only be able to pay my direct debit once it arrived which it duly did this week.

Due to being busy with uni deadlines and family problems I forgot to sort it out until tonight and have just seen that the full contract payment has been taken today and I'm wondering where I stand as I was obviously going to pay the £75 to reconnect plus this months when I was to ring to sort this out but I am basically penniless if I cant sort this out and reverse this.

Many thanks for any help.

 

Lee

[xoAmyox]

Hello,

 

I have just checked my online banking only to see that O2 have taken over £500 from my account.

I spoke to O2 six weeks ago to explain that due to my student loan not arriving as yet and being made redundant I would only be able to pay my direct debit once it arrived which it duly did this week.

Due to being busy with uni deadlines and family problems I forgot to sort it out until tonight and have just seen that the full contract payment has been taken today and I'm wondering where I stand as I was obviously going to pay the £75 to reconnect plus this months when I was to ring to sort this out but I am basically penniless if I cant sort this out and reverse this.

Many thanks for any help.

 

Lee

 

I work for one specific bank, and I cant guarantee that this policy applies to all banks, but definitely one at least.

Our policy is that we can recall direct debit funds as late as the same day its gone out over the phone.

If you were not notified in writing and in good time by o2 of this charge, or even if was taken just one day different to normal you are well within your rights to take advantage of the direct debit recall.

You can also call upon the direct debit guarantee under these same rights, and have the direct debit credited back to your account (this applies to all banks).

But please do not let this rule deter you from setting up a payment schedule with the company as any further large charges could land you with so many bank charges that you're in an even worse position.

[Byrne07]

I work for one specific bank, and I cant guarantee that this policy applies to all banks, but definitely one at least.

Our policy is that we can recall direct debit funds as late as the same day its gone out over the phone.

If you were not notified in writing and in good time by o2 of this charge, or even if was taken just one day different to normal you are well within your rights to take advantage of the direct debit recall.

You can also call upon the direct debit guarantee under these same rights, and have the direct debit credited back to your account (this applies to all banks).

But please do not let this rule deter you from setting up a payment schedule with the company as any further large charges could land you with so many bank charges that you're in an even worse position.

 

Thankyou Amy I have spoken to the bank on the phone and they have suggested that I go into my local branch in the morning and fill a form in and if that is ok, the funds should be back in within 48 hours. Does this seem correct to you?

Also I'm certainly going to sort out the monthly payments I'm behind with as soon as the funds are back in my account.

[xoAmyox]

Thankyou Amy I have spoken to the bank on the phone and they have suggested that I go into my local branch in the morning and fill a form in and if that is ok, the funds should be back in within 48 hours. Does this seem correct to you?

Also I'm certainly going to sort out the monthly payments I'm behind with as soon as the funds are back in my account.

 

I'm not familiar with branch procedure, but yes, we would usually need a signed form from you, and in branch is the quickest and easiest way.

Best of luck to you

[locutus]

OK, so we're talking about the direct debit guarantee. The trouble that MAY arise is if o2 are due the money. Playing devils advocate a bit here, but your o2 contract probably states they can take unspecified amounts out at a time that is convenient to themselves, it will also probably have something about breach of contract and the line rental for the minimum term will be payable.

 

It may be worth your while contacting o2 and seeing what they have to say on the subject.

[xoAmyox]

OK, so we're talking about the direct debit guarantee. The trouble that MAY arise is if o2 are due the money. Playing devils advocate a bit here, but your o2 contract probably states they can take unspecified amounts out at a time that is convenient to themselves, it will also probably have something about breach of contract and the line rental for the minimum term will be payable.

 

It may be worth your while contacting o2 and seeing what they have to say on the subject.

 

I agree with your thoughts here, but the direct debit guarantee is there to protect consumers, and IIRC you should be given at least 3 days notice in writing of a change in amount to be taken.

o2 can have whatever they want in their T's & C's but they know full well that by using DD's they have to accept the banks rules over their own.

They can act on any supposed 'breach of contract' of course, which is why a payment plan that they are happy with is so essential at this point.

[locutus]

7 days notice for a DD, and it's by whatever means your bill arrives, not just written. If you have online billing, they update your online bill then 7 days later take the money.

 

Truth of the matter is, 9 times out of 10 the direct debit guarantee isn't worth the paper it is printed on!

 

I agree wholehearted that lee should try that, as the money may just appear back in the account, but equally when the bank contacts o2 to recall the money, o2 may say "no we went by the book, updated his account 7 days then took the funds as agreed!"