Direct Debit Indemnity Claim Help Please

[JaneyDevon]

Hi I have been obtaining help and assistance from MacMillan Cancer Support due to a recent diagnosis and they have suggested I make 4 DDI claims against some transactions on my Lloyds account dating back to 2010. The amounts and dates differ than from what was agreed but due to my illness I didnt check them. I lodged the claim with Lloyds after being told by one of the customer service assistants that I should have kept a closer eye on my account...to which I replied Oh sorry I was busy having chemotherapy and my mind was elsewhere. So after a week I still havent heard anything so have called them and they have told me that they have written to the companies in question to see if they can get the money back from them first before they give it back to me? Im really confused - I thought the bank would indemnify my loss? Does anyone have any advice or tips of which I can do or say next please to push this matter through a bit quicker? Many thanks for your help

[L1882]

Those in the know will be better placed to offer detailed advice however my understanding is your bank should refund you immediately under the direct debit scheme and you have 6 years, or 3 in some circumstances.

 

http://www.mortgagefinancegazette.com/features/clawing-back-direct-debits/

[renegadeimp]

They dont need to check with the creditor. Its not a chargeback, its an indemnity claim. They should refund immediately. Its not their problem about the other company and how much is taken.

[JaneyDevon]

Thats what I thought I will ring them back now and quote that - thank you so much for your help

[JaneyDevon]

Well just rang the bank and said the above and was informed that they still have to contact the companies to get the money back first. I asked if the companies had a time frame to respond - she said no so I asked so they could just ignore the request and Im still no further down the line and she said "Oh I doubt that would happen" - I said "sorry for being sceptical but I have been lied to before" and she laughed and said "all I can say is its being investigated and someone will write to you..."..... head and brick wall situation!

[L1882]

That is simly untrue. Under the direct debit guarantee they MUST refund you immediately. The other company then as 14 days to pay your bank back, but all that is nothing at all to do with your claim. Call them tell them you need the refund immediately and that if it isn't done you will lodge a complaint with the FOS.

[dx100uk]

yep they must refund investigate later under the dd guarantee.

 

dont get fobbed off

 

if you have written proof ther wrong sums were taken

tell them that.

 

dx

[renegadeimp]

If they continue to fob you off, DEMAND (calmly) to speak to the manager. There is one in every call centre for every section. Dont let them tell you otherwise.

[citizenB]

I think you need to make a formal complaint, in writing to take this further.

 

Send complaint, headed as such to their Head/registered office addressed to the CEO.

 

They will have likely forgotten all about you and your telephone conversations !

[KSmith82]

The Direct Debit Guarantee is only applicable under certain circumstances. So it might help if you gave us some context and explained under what grounds you are trying to get these Direct Debit payments refunded otherwise you may well be wasting your time chasing this up, making formal complaints etc.

[JaneyDevon]

Hi all...well after some thought I complained as the more I thought about it the more angry I got at the lady laughing at me and telling me I should be patient. So I made a complaint. They called me back today and apologised for the call handlers manner. They said due to a lot of people being advised by certain companies to make numerous direct debit indemnity claims when one is made for a large amount of money they investigate it. I explained that there was possible litigation behind this and had been advised that Lloyds should refund me and if the company concerned had an issue about it then they should come directly to me as Lloyds were effectively a third party. He advised me that that was not the case. I explained it seemed to be inconsistent to what I had read about the DDI scheme. He then advised they have a time limit of 10 working days to complete their investigation and that they would write to me with the outcome. He then offered me £50 by way of an apology for the call handlers manner and the inconsistent information I had received??

 

So here I am...still confused but £50 richer ??!

[renegadeimp]

They are wrong, and they know it. So they are giving you the £50 to turn a blind eye.

[CrappoMan]

Yes they are wrong.

 

The relevant part of the Direct Debit Guarantee:

 

If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society

 

If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to

Notice the bold part.

 

You should take the printed DD guarantee to the bank and show the manager/supervisor, then DEMAND that it is honoured.

[dx100uk]

are you sure these were dd,s

and not debit card payments?

 

do they actually say

direct debit by the payment?

 

i wonder if these were CPA payments against a card

 

dx