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Cancelling a Direct Debit...


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As I have previously posted on here, my partner was dismissed from his job last month. He was last paid on the 26th May which covered the period 1st-31st may. He has not recieved a penny of wages since, as he is not due anything, as he was dismissed on the 1st June.

He has a new job, which starts in August, and in the meanwhile has put a claim for JSA, of which he hasnt recieved anything yet, other than a book to 'sign on' with.

His only DD is to his bank, with his loan payment. This is due on the 29th. On monday (25th) he phoned them to cancel the DD and change the date to the 24th of next month, as it was obvious he wasnt going to recieve enough money to pay it. They said it was too close to when it was due out, and they could not cancel it, but to phone when it went out and make an indemnity claim. On tuesday, he called again, as I thought he should be able to cancel. They told him to do an indemnity claim once it had gone out. Then this morning, he called the bank for a seperate reason, but got on to the subject of the loan again, where this time he was told he could not claim it back, and gave him the number for 'loanguard' which is what they gave him when he was first dismissed (I told him to phone the bank and say he had been dismissed and what could they offer to help him for the 3 months he was without wages for) which when the form arrived, turned out to be that payment protection that you pay extra for, which he doesnt have, and we would never take out, because the liklihood of them paying it is miniscule!!

So, what can we do? Can he claim the money back once it has gone out? Should they have cancelled it on monday? Was it enough notice? Can he just change the date of the loan?

Help! The bank are NOT being helpful at all!!

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As far as I know a DD can be cancelled upto 24hrs before it is due to go out, according to my bank anyway.

I would have said that applying to have it stopped on Monday would have been more than enough time to have it cancelled. I would complain to the manager about it.

Tip us a wink on my scales if you think I may have helped at all;)

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With regards to PPI, it won't pay out if you are dismissed.

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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I know Boris, which is why we never paid for it in the first place - waste of money. Banks really dont give a flying f.... do they?! They tell you to phone them if you have a problem, but then cant offer a solution!!

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D.Ds can be cancelled 24hrs before they are due..

OR if they are paid with insufficient funds in the account then you can have

the money recalled.IF they fail to recall you have a claim against the bank.

For the amount plus charges for failing to manage your account in a fit and proper manner.

This happened to me ......they wrote the whole debt off.

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Thank you Sanddancer. It is with RBS, and its for an RBS loan, does that make any difference?

 

Yes - your current account bank has the first right of offset over funds paid in. So in theory thay can quite legally help themselves to the full amount of their loan payment. You can exercise something called the first right of appropriation over your money but this should usually be done in writing at least 7 days before funds are due to be paid in.

 

The best way to avoid this is to move banks to a 'safe account' whwre you have no debt. If you nhave a poor credit rating just make sure you ask for a basic bank account as you shouldn't need to be credit checked ( as they don't offer any overdraft ).

 

You may want to speak to national Debtline free on 0808 808 4000 ( freephone ) for confidential independent advice on your whole situation as well.

 

Best of luck :)

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