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Claiming back funds from unenforceable debts when paid by DD


Fullyskinted
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Its just been highlighted by a mate that if you had been paying your monthly payments to said credit company and they cannot provide the original documentation, deeming the debt unenforceable you may have a killer blow for them.

 

Under the Direct Debit Guarantee it makes it clear that any fraudulent payments are reclaimable immediately.

 

Direct Debit - Your rights

 

"If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid."

 

"If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment."

 

Food for thought?

 

I was wondering though, would DD be able to tell you the total amount paid to the company?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Im not really sure that this applies to an unlawful debt. As I understand it, this means if the DD has been set up fraudently without your knowledge, or the amounts or times taken were not with your permission.

 

Someone correct me if Im wrong.

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Im not really sure that this applies to an unlawful debt. As I understand it, this means if the DD has been set up fraudently without your knowledge, or the amounts or times taken were not with your permission.

 

Someone correct me if Im wrong.

 

 

Yes that was my thoughts too - but when you read it,

"If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid". bit deems it relevant in my eyes.

 

They made an error of claiming the monies off of you. If you get to this stage you will have had it confirmed in writing and the debt will have been written off. Therefore, you are claing back what is deemed a payment in error.

 

Im just talking out loud here by the way. I thought Id open a new thread to discuss if the DD Guarantee can be used to your advantage when claiming back the funds paid to date...

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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I only wish I could comment on the reality of the DD Guarantee but I can't

 

 

LOL, why not?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Ah. I thought as much!

 

SO why is it used if the guarantee isnt as trustworthy as it claims?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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"Don't forget, you can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned"

Not in My experiance

 

I had a problem a couple of years ago with this.It seems that the Guarantee does not always apply.

 

I had opened an account with AOL for my broadband service after the trial period i decided that they where far to intrusive and got sick of therm taking liberties with my computer so i contacted them and informed them i did not wish to continue after the free trial pereiod.Stupidly i had given them my credit card details.

They then ignored my request and took there fees out every month despite me ringing my bank whose response was "you have to get them to stop requestng the payment,when i contate AOL they were either unavailable or promised to cancell and refund and then did nothing.After three months of this i was forced to cancel my card and get another one issued with a dirfferent card umber I never got my money back. I reapeatedlely quoted the DD guarantee at them but it made no difference.

I also have a friend who had a simmilar experiance with Ebay,he had initially opeced the account using his credit card but had given them his bank details so they coud transfer money backwards and forwards.

After a couple of years he had a dispute over charges so he stopped the axcess to the bank whilst it was resolved. Ebay then dug up the details that they still had on file for his credit card and took the money out of there again the DD guarantee was quoted and again no redfund was forthcoming.

 

I never found out the reasoning behind this and understand people are still haveing trouble with AOL . I would be interested to know why the DD gurantee doesn't seem to apply to payments made to these companies?

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hmmmm,

 

SCRAP THAT IDEA THEN springs to mind LOL :)

 

I just thought it would be usable :confused:

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Really this is not on, the Guarantee is a major selling point for the Direct Debit service. Surely compaints should be made to the OFT.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Dont forget that the direct debit guarantee only applies to direct debits from a bank account. I dont believe it covers credit card payments.

 

The whole fiasco of direct debits from a credit card is another kettle of fish as you personally cannot stop the payment as Peter descibed above. It has to be cancelled by the company taking the payments.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Err, Tam, I think you got your wires crossed matey!

 

Im on about using the DDG as a way of getting the recieveing company to pay back the funds taken from your bank acct - nothing to do with DD payments from your CCard...

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Sorry FS

 

It was my fault i inadvertantly hijacked your thread

 

Applologies

 

Nevertherless i got some valuable info from T

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Guest Battleaxe

Direct Debits are the Devil's Spawn. I have had A & L paying out on cancelled Direct debits depite me writing to them cancelling authorisation to the bank and to the creditor. The creditor ignores and the bank continued to pay. it was only after I filed my N1 for the reclaim of charges did A & L sit up and take notice. They then refunded the DD paid out. It should not get to this stage EVER.

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Direct Debits are the Devil's Spawn. I have had A & L paying out on cancelled Direct debits depite me writing to them cancelling authorisation to the bank and to the creditor. The creditor ignores and the bank continued to pay. it was only after I filed my N1 for the reclaim of charges did A & L sit up and take notice. They then refunded the DD paid out. It should not get to this stage EVER.

 

I had A&L pay direct debits after an account was CLOSED. They did refund it though but it took about 3 months.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Err, Tam, I think you got your wires crossed matey!

 

Im on about using the DDG as a way of getting the recieveing company to pay back the funds taken from your bank acct - nothing to do with DD payments from your CCard...

 

I understand that Fullyskinted, my post was a reply to Peter who mentioned credit card direct debits. :D

 

I like the idea and we should look into this a lot more :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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What about when the DD is to the same bank as your account i.e. to pay for a personal loan with the same bank, when the debt is in dispute and you try to stop the DD but the bank totally ignores your DD cancellation and carries on taking monies by what can only be termed as force despite letter after letter telling them not to.

 

Certainly food for thought. Subscribing :)

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

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Guest Battleaxe

The bank cannot ignore your DD cancellation instruction regardless if you have personal loan with the same bank. I proved this, they refunded the unlawful charges they thought they would apply to my account because there was insufficient funds. They hated it. Especially as they wroite to me confirming that had cancelled my DD instructions.

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Hi Guys,

 

I'm jsut subscribing - I'll read it all later!

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