swinton is repeatedly overcharging my monthly instalment

[damon34]

Hello there

I have insurance with swinton( of course its broker, so my insurance company is one of swinton's partners).

 

documents clearly state that the amount of £54.59 to be taken by direct debits plus remaining 10 equal instalments on the same amount.

First payment was taken out in the right amount.

 

Unfortunately since 3 months they charge me something around 57 pounds each month.

 

I have discovered this coincidentally when reviewing my bank statement.

 

Last month I gave them a call asking for explanation , they were confussed as ususal, then told me that it must have beeen some error or they tried to "round it down to the neares full number"

despite they still charged me something like 57.95 !

 

I have been assured over the telephone that they correct the amount on direct debit, reimburse the overcharge, so from this month onwards everything should be ok.

 

I checked the payment this month and they still overcharge me. Its outrageous!

Despite my intervention they are taking my money.

Imagine if I have on my account something around £55, they overcharged me unlawfully £56 cauing overdraft and bank penalty.

 

Hence the question: do I have legal ground to claim compensation for overcharging and negligence ( I did report it to them but despite an assurance nothing changed)?

 

What kind of institution I should address this issue to?

 

Thanks for any tips

R

[dx100uk]

complain to your bank under the direct debit guarantee

 

if swintons are taking the wrong amount / times and these have not been advised BEFORE they take it in WRITING then you can get it sorted that way & the charges reversed too.

 

dx

[damon34]

All right, thanks dx

Now conclusion: if my bank hasn't notified me at all ( should do this 3 days before in writing about the amount and date) and this is a banking contract( direct debit guarantee) then surely I can sue my bank on this matter, am I right?

[dx100uk]

you dont need to sue anyone.

 

if swintons took money/wrong sum by DD that was not notified to you in writing before hand

then the bank will operate the DD guarantee just phone and ask

 

then bring up the matter of the bank charges once theyhave refunded the wrong dd stuff

 

dx

 

dx

[ihateyes]

All right, thanks dx

Now conclusion: if my bank hasn't notified me at all ( should do this 3 days before in writing about the amount and date) and this is a banking contract( direct debit guarantee) then surely I can sue my bank on this matter, am I right?

 

firstly when you set up a ddeb you authorise YOUR BANK to pay money to a given payee. the bank DOESNT know the amount that you agreed to..... thats why Ddeb indemnity exists.

 

the bank will give the payee whateve they request providing you have the availale funds.

[dx100uk]

firstly when you set up a ddeb you authorise YOUR BANK to pay money to a given payee. the bank DOESNT know the amount that you agreed to..... thats why Ddeb indemnity exists.

 

the bank will give the payee whateve they request providing you have the availale funds.

 

but the company wanting the funds MUST notify you in writing of the sum they are taking before they take it.

this did not happen - end off - go get 'em under the DD guarantee.

 

dx

[ihateyes]

but the company wanting the funds MUST notify you in writing of the sum they are taking before they take it.

this did not happen - end off - go get 'em under the DD guarantee.

 

dx

 

i agree.... enforce the ddeb indemnity.... im merely pointing out to OP the bank have no idea what the agreed ddeb amount is..... the only thing they kno is you authorise them to pay reuested amounts to the company who requests money providing there is funds available

[damon34]

Thanks for your replies.

Enforcing DD indemnity: should I write a written claim addressed to Swinton office then seeking financial damage then?

The point I'm trying to understand is: Swinton didn't notify me in writing, also last month I rang them asking for intervention( don't have an evidence though apart from call log in mobile), as mentioned before I was assured they will reimburse me an overcharge and correct the amount, which didn't happed, hence the question: do I have a ground to claim financial compensation and go through swinton first or can I claim directly through financial ombudsman?

Thanks

[ihateyes]

other than the extra money they have taken,,,, what has your financial loss been????

 

You have to complain to Swinton first..... if you feel they havent resolved the complaint, then and only then, will the FOS consider your complaint.