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EGG payment and Lloyds Bank - Breach of Direct Debit Guarantee?


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Pooh i can never spell that bloomin' word! :(

 

Not sure if this is in the right place - its to do with Egg (Boo!) but more to do with the title really as they took £297.71 from me at the begin of Dec which they have already agreed, they shouldn't have.

 

This totalled bummed my Christmas and also caused my Mortgage payment to bounce causing us MEGA-stress and completely ruined our 1st christamas in our 1st home :Cry:

 

I have e-mailed them several times now and have had at least 2 people say they will pay it back and STILL nothing.

 

I have pointed out they are in breach of the DD Guaruntee (That's how you spell it... i think!) and i seemed to get a good response but again, nothing :(

 

Who do i go to to do something about this breach? Is it the Financial Ombudsman and what do i stand to gain from doing this? basically (other than the bloody principle!!) is i worth the aggro??

 

Many thanks

 

Mrs Tree!

 

Spelling in title of thread corrected for you

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Your bank (assuming it is not Egg) should reverse the direct debit for you under the DD Guarantee. Call them or go into the branch and tell them that the amount was taken was not agreed (Egg should have given you 10 days notice of the amount to be taken) and tell them to reverse the transaction as Egg will not do it. If they refuse then you will have to compain to the head office I guess.

 

You stand to gain nothing by default from this other than a refund of the monies taken. You could ask Egg for compensation, they may or may not give it to you. If you want an award of damages from a court then I'd say you need to seek proper legal advice.

 

The Guarantee

If the amounts to be paid by Direct Debit or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed.

 

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.

Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

 

Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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If you have contacted them (YOUR BANK) several times already in writing (i.e. email) and they have agreed to reverse the Direct Debit, then send them a Letter Before Action giving them seven days to pay. If the payment was taken in error by the originator and your bank paid in good faith, it's STILL YOUR BANK who pay you back. They then chase the Originator for the money.

 

If they have not paid, then you are entitled to remedy via the Courts. PLUS you can complain to the [edit]Banking Ombudsman[/edit]

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thanks guys. this is really useful.

 

the last promise from Egg was that (some of) the money would be back in my account tomorrow. I'll check 1st thing and if its not i'll pursue it with my bank.

 

Wish me luck!!

 

Thanks again

 

Mrs Tree!

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If a creditor (or anyone, in fact) breaches the direct debit guarantee, you are entitled to a FULL refund IMMEDIATELY from your bank. It is not your problem to chase the company, but your bank to chase them for the repayment. I had this argument with my old bank before, and the customer services department knew NOTHING about it, and got into trouble with the OFT.

 

See here - Direct Debit - Your rights

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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The advice is solid-get your bank to repay the d/d-don't be fobbed off for

any reason- they are the ones who say they stand by their guarantee.

Next, write to Egg and ask them to pay your bank charges-and compensation

for ruining your Christmas-send a copy to the Banking Ombudsman and tell

Egg that you have. In addition, point out that despite sveral promises by

them to refund the d/d, they still have not done so, and you have had to resort to claiming via the d/d guarantee. And ask for their comments on their poor standard of conduct. Pile it on so the FO can see how Egg has messed you about.

All it will cost is abit of time and 2 x35p stamps.

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Thanks again everyone for all your help.

 

Checked my bank today & no refund:mad:

 

Rang Lloyds & the lady i got tried to turn it back on Egg but i quoted the DDG to her and eventually got put thru to a young lad in payments who has arranged for it to go back in :D

 

I also had a voicemail from Egg this evening saying they were calling re the 'recent issues' and could i call back or they'll try again in the morning - i can't speak to them about this when i'm at work so they'll have to sort it out with Lloyds :D

 

I will endeavour to get something down on paper and off to the BO - like you say 'info' (if i might be so infomal :oops: ) its a bit of paper, some time & a stamp or 2 and they really have made me SO angry - i could've actually killed after i spoke to them last - i was trembling with anger & had tears on my face i just felt SO mad and powerless...

 

 

And now i feel SO damn smug :cool:

 

Thanks so much everyone

 

K x

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I've had trouble with the Lloyds on this. I was adamantly told by "Joanne" in Bridgend Call Centre that it was up to the collector to make the reversal, called back a while later and the next person put me straight through to the payments section who couldn't wait to reverse it!

 

Make sure whatever payment Egg are due is paid or you may have issues with late payments etc.

Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

 

Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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Oops sorry everyone - i hadn't realised i'd used my hubby's log in to respond last time!?!

 

Just to update you all;

 

Egg just called, the guy i spoke to said they should have taken the amount :-o

 

However, he agreed i had been mis-led and given the wrong info on several occasions and they should never have allowed the matter to escalate to the proportions to which it had.

 

They offered to retun part of the amount taken (the same amount i was 'promised' last week, would be returned') which i declined as i said Lloyds are sorting out getting it back (i didn't tell him they were putting the whole amount back ;) - this will probably catch me up & bite me in the butt but hey!). They have agreed to credit £62 to my Egg card to cover the charges incurred on my Mortgage and have taken my Mortgage Co name & address so they can write to them to accept full responsibility for the 2 returned DD's :D:

 

The fact that Lloyds are going to refund my money as i say will probably come back and bite me in the butt sooner or later but for now i'm happy.

 

The guy i got (Jamie) seemed pretty genuine actually. I made a point of saying how it ruined my 1st chrimbo in my 1st home as i'd wanted it to be all carols round the fire and all that malarky but instead was spent snivelling into my beer and he said he did understand and was truly sorry and that if he could change that he would - bless!?!

 

So all in all not a bad result - probably not the end of it tho; he said the customer relations ppl will contact me as a result of the letter they'll write to the mort. co and as i said i'll complain to the BO, as he said that in order for me to do this i have to 1st 'exhaust' Egg's complaints procedure. I said i know this. I think in light of the fact they STILL wouldn't have given me all my money back is sufficient grounds to pursue this thru the BO.

 

Once again, thanks everybody for you help & i'll let you know if this all comes back and boots me in the butt

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Hi,

 

just a quick update;

 

my money landed back in my bank account courtesy of Lloyds, on Tuesday, after i'd had to ring them and ask why they hadn't don't as/when promised :(

 

Anyway, its back now and i just need to find the time to sit down and write to the BO slthough i haven't heard from Egg yet re the letter to my mortgage co so 'technically' i haven't yet 'exhausted' their procedures yet.

 

So, thanks to everyone who helped me on this one - i's given me the balls to put together my 1st SAR which i'll be posting tomorrow

 

K x

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Anyway, its back now and i just need to find the time to sit down and write to the BO slthough i haven't heard from Egg yet re the letter to my mortgage co so 'technically' i haven't yet 'exhausted' their procedures yet.

 

 

This is irrelevant. Your complaint to the BO is that LloydsTSB failed to honour the DDG unrtil pushed hard and even then had to be called again to take the promised action. This complaint does not directly involve Egg.

 

If Egg fail to act as promised, then a further complaint to the BO may be in order as regards Egg.

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  • dx100uk changed the title to EGG payment and Lloyds Bank - Breach of Direct Debit Guarantee?
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