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D Smith23

Talk Talk re-activated direct debit 2yrs later.

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I had a 12 month residential Broadband account with Talk Talk several years ago.

After the term was up I moved house.

 

Two years later my bank account went overdrawn for the first time ever, triggering a 1/3 strikes warning letter and overdraft charge from my bank.

(I do not have an OD agreement).

 

On investigation I discovered Talk Talk had resumed talking money out of my account to the tune of £250.

I immediately stopped the direct debit, and have since been deluged with harassing letters and emails from a debt collection agency.

What can I do about this?

 

thanks DS

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Write to the dca and say no money is owed. Tell them that any further contact will be reported.

 

Then file a full complaint to the CEO of talk talk

 

Or ignore the dca and get the complaint going to talk talk today


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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First of all you should invoke the direct debit guarantee and get your money back from the bank. The bank should do this without any questions asked – although you shouldn't always bet on it.

 

The second part of what you should do really depends on how much trouble you want to take. Companies like TalkTalk need a good slap and if you are prepared to be suitably aggressive then you should get some compensation from them rather than simply your money back and a payment of the charge. These people are such pigs that they might even say that the charge is not their responsibility because your financial problems are your own. Maybe that's an exaggeration – but it wouldn't surprise me.

 

Have you checked your credit file?

 

You can either start to get the correspondence with them and complain and hopefully they will eventually remedy the situation – but it will take some time. Alternatively you can simply send them a 14 day letter of claim and then sue them for all your losses and a figure in compensation. If you wanted to do this then of course we would help you all the way.

 

First step invoke the direct debit guarantee and get your money back. Second step check your credit file and come back here. How much are they after you for so far? What are the monthly payments?


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In this case, I wouldn't bother writing to the DCA. Deal directly with TalkTalk. If they actually decided to sue you then it would be a delicious opportunity to defend and counterclaim.

 

Also you should demand from TalkTalk a full written explanation and unconditional apology to be sent to your bank and then a confirmation from your bank that they accept the position and that your record has been cleared. If the bank refuses to clear your record on their files then I would add that to your list of losses when I sued TalkTalk


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Thanks for the replies.

I should add that I wrote to my bank mgr. (HSBC) twice about the unauthorised withdrawals, once by hand, second time by recorded delivery but got no response at all. I didn't know about direct debit guarantee. The assistant didn't mention it when I told them to stop any further payments.

 

I wrote to Talk Talk asking if they had an account with me and they confirmed they did not.

That's where I left off, overtaken by more pressing events (nearly 2yrs ago now)

 

I would like to get my money back.

Am I owed compensation?

( damage to relationship with bank/loss of funds/unlawful passing of details to third party=harassing mail)

 

I found it very hard to get any information about TT, particularly names and addresses for cases like this.

 

Thanks in advance for any advice/information.

D.

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You get your money back via the guarantee. The bank cannot refuse. As for compensation, i would request a SAR to talk talk so you can see exactly what was going on behind the scenes in relation to your account before you go down that road.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We are very happy to help you and we give hundreds and maybe even thousands of pounds of advice free of charge. We get very enthusiastic about what we do. However it is very difficult to help someone who posts on the forum and then doesn't engage with their own problem and doesn't return for seven days. This tends to dull everyone's enthusiasm.

 

Please will you post up in PDF format the two letters which you say you have written to your bank about the payments. The banks have a duty to communicate with you fairly and it seems to me that if you have complained about an authorised taking of money from your account against the direct debit then the bank had a duty to tell you about the guarantee and to assist you. Of course the banks don't like the direct debit guarantee and very often they try to keep these things secret – or they become reluctant about helping you. We can help you deal with this and maybe get some compensation from the bank as well.


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Thanks for the reply,

The help and insights are much appreciated. Apologies for showing up at intervals...lots going on...

I will have a look for a copy of the letter and post it here as requested- as well as a personal appearance at the bank for details of the (secret) DD guarantee.

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Okay. Let's get a move on.

 

Also, which debt collection agency? Also have you checked your credit file?


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Here are the letters that were sent to Talk Talk, and my bank HSBC.

 

The bank did not respond at all, and TT responded with a letter saying they could not find an account for me on their system and could I furnish a postcode to help the search. (it was at the top of my letter...).

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The letter to the HSBC is cut off part of the way along the right-hand edge and so we are unable to see all of the wording.

 

Please could you repost both letters in PDF format and also can you please check them so that you are sure that they are in a condition in which you would like to receive them yourself if we are sending them to you.

 

Thanks


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[ATTACH=CONFIG]71246[/ATTACH]

Bank letter, 2nd try. The debt collector is Lowell Financial Ltd.

 

let's deal with the bank first. I suppose the questions you ask in your letter are interesting but you haven't invoked the direct debit guarantee.

 

You need specifically to invoke the direct debit guarantee and tell them that you want to refund all the money taken by TalkTalk. You could begin by doing this on the telephone – better to record the call – and then confirm in writing.

 

Whatever happens, you must put it in writing. If you do it on the telephone then you need to get reference number for the call. Follow our customer services guide.

 

I notice on 16 March I asked you if you have checked your credit file. I'm not sure that you have responded. We need this kind of information in order to start understanding what your losses might be and any possible claim to make


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I didn't mention the DD guarantee because I hadn't heard of it before coming on here..( the nice people at the bank certainly didn't mention it as I cancelled the direct debit.)

 

I will make the phone call as you recommend.

 

 

Credit rating: total newbie here- I wouldn't know where to begin checking my credit rating...

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Look up Experian on the Internet and you should find some way of getting free access to your credit file.

 

Have you read our customer services guide? Make sure you do that before you start using the telephone

 

I think that you can also complain that they didn't inform you of the direct debit. I think that they have a duty to tell you about this kind of thing. They will deny – but persist and tell them that you want to make the complaint and that you are prepared to go to the ombudsman if necessary because they haven't communicated with you fairly. I expect it's worth 50 quid compensation. If they try eventually to offer you anything less and insist on going to the ombudsman. It cost them 400 quid to go to the ombudsman so 50 quid is a cheap way out


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And the fact you had an account with talk talk several years ago, and they didn’t remove your personal data besides no contract or outstanding money, and then they used your personal data to reactivate the DD, is a misuse of your personal data. You should also claim compensation for that imo.

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Yes that's probably right as well but let's sort out the bank first.

 

Have you sent an SAR to TalkTalk? You were advised to do this towards the beginning of this thread


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