Airtricity took direct debit my bank account even though I cancelled the direct debit

ProfilerX

Hi, i am furious, today (saturday 1rst August) to Aitricity charged my bank account even though i specifically went to my bank and 'cancelled' the D/D!

What i want to know now is, providing i can get tangible proof of my cancellation of said D/D and even without that 'tangible' proof can i know proceed to sue my bank for allowing the D/D to go through? Also what is strange is that the date it was Deducted from my bank account is today the 1rst August but the charge says on my statements that the deduction actually will take place on the 3rd of August so on Monday..

(I pay through my post office to Airtricity on practically a weekly basis i have informed them of this and i must continue to inform them prior to every bill date) The funny thing is my new bill is not due for another month, the account is in arrears but i have told them and explained to them specifically that i pay the amount off each week as i have done since the accounts creation)

What are my legal rights here please? my gf was with me at the time of the D/D cancellation. I did not recieve any paper correspondence after making this cancellation, if i had of had some forsite i would of asked for a written record.

Thank you for your help

ProfilerX

Also they took what positive balance was on the account aswell as putting my account into the negative. I AM FURIOUS!!! because now my bank will charge a surcharge on the negative balance!!

ProfilerX

right.. just spoke with my bank and they said that they will recall the direct debit.. Airtricity where trying to be sneaky fascist corporate scumbags because let me explain: Banks Rep Response;

its with it been due on monday, it is the same for all direct debits due on the first working day of the month, they get deducted early, if you are able to call telephone banking they can recall this direct debit for you

Samantha: Hi, you're chatting with Samantha. May I take your name please?
Samantha: You are connected to an adviser. Please type your inquiry and then press send.
You: hello
You: Samantha thank you for taking my call
Samantha: Hello, how can I help you today?
You: I have a very urgent and concerning matter to discuss with you
You: today I was out will my girlfriend and we went to get something to eat i went to pay the bill and i couldnt i proceeded to an ulster bank atm machine and was shocked to see that my account was negative 126 euro
You: i just came home and i checked my Airtricity balance to which was in arrears of 200 euro
You: (i pay my bills via the post office each week and was planning on paying 50 euro installments)
Samantha: Ok
You: now it is really strange because if you look on my account there it says that the deduction was made today
You: and the deduction actually won't occur until the 3rd of august
You: now get this..
You: i actually 'cancelled' this direct debit about a month ago
You: with my bank
You: please help
Samantha: Ok, any direct debits that are due to go on a monday will be deducted from your account before hand, if the direct debit was cancelled, but has gone out it does mean the company have requested the funds
You: i see
You: how can they effect the balance on my account though?
You: they should have no right to effect any funds if i specifically cancelled the direct debit ?
You: or do you eman that the funds where requested by this company from my account in question but as the direct debit was cancelled it will not go through on Monday?
Samantha: its with it been due on monday, it is the same for all direct debits due on the first working day of the month, they get deducted early, if you are able to call telephone banking they can recall this direct debit for you
Samantha: I do apologise I can not help further , but my systems shut down at 6 pm
You: ok
You: what is the number i need to call?
Samantha: Please find the contact details for our Anytime Telephone Banking team below:
1 800 ******(Overseas +353 ********) or
1 850 ****** (Overseas +353 ******** ).
Or: 1800 *******.
Automated service available 24/7.
Customer Service Advisers available 0*:00 - **:00, seven days a week.
Calls may be recorded.
You: ok
You: ( thanks a bunch for your help!!)
You: but
You: one other thing
Samantha: Yes
You: seeing as though i cancelled this direct debit like a month ago now.. how is it possible that they have charged my account?
Samantha: they should not no, it may have just been a system error of theirs that caused the DD to be claimed
You: but indeed the problem 'with respect' is on ********* Bank ****** side allowing them to make the unauthorised debit in the first place no?
Samantha: all I can do is apologise about that, but if a direct debit is requested, we do need to release the funds
You: and also.. i am aware that Ulster Bank make charges for accounts with negative Balances will they charge my account due to this deduction that should not of taken place?
Samantha: No, if you call and get the funds recalled you should not be charged as it was a cancelled direct debit
You: i understand your position and i respect it but in saying that this situation is bonkers would you agree?
You: if i was to go into my bank on monday would i still be able to get them to recall the dd?
Samantha: I do agree
Samantha: Yes, they can also do this for you on monday
You: ok and there is my sigh of relief
You: can't believe these corporate people.. tbh with you i am never late on bills and its an arrears based system in airtricty
You: so its always been that way but this is not the first time this kind of thing has happened
You: im going to leave this chat open Samantha as i would like to read over it so if you need to end it your end thats fine
Samantha: it may be worth speaking to them about the matter also
You: thank you very much for your help
Samantha: you're welcome
Samantha: have a nice weekend
Samantha: Thank you for chatting with me. We really value your feedback.
( i do love the customer service in my bank i have to say! )

ProfilerX

P.S i still would like to know my legal rights here.. this seems so WRONG like! that this can happen in the first place just disgusts me! especially when i pay my bills like!

ALso.. its not the first time this **** has happened either.. before they did this and i was able to get my bank to refund me a 50 euro surcharge on a negetive balance i was unaware of (as i was not using my account at the time and was paying via post office each week) these corporate scumbags need to be marched out on the plank and fed to the sharks! because this is exactly how i feel now! but i am innocent unlike them! evil fascist bastards!:pac:

astrofool

So you owe them in arrears, and have done this at least once before, and they're scumbags?

I'm guessing legally, they have the direct debit mandate with your signature on it, and you probably have to write to airtricity directly to cancel that mandate.

This whole system is automated by the way, I doubt a human was the one who took what was owed from you.

ProfilerX

also i fogot to mention that my Airtricity bill isn't due until October and due to their system being an arrears based system, they have no right to make these bills should they? so what is my legal position please if there are any legal professionals who can help me i would greatly appreciate your advice on this matter.

ProfilerX

astrofool wrote: »

So you owe them in arrears, and have done this at least once before, and they're scumbags?

I'm guessing legally, they have the direct debit mandate with your signature on it, and you probably have to write to airtricity directly to cancel that mandate.

This whole system is automated by the way, I doubt a human was the one who took what was owed from you.

I understand this 'mandate' principle you are going by.. but i 'cancelled' that mandate when i went into my bank and cancelled the direct debit, after that they should have NO right to access any funds from my account. Period.

Also another thing.. Airtricity billing system is an arrears based system. What do i mean exactly by that? Their system is one that upon opening the account you pay 2 months later on your first bill date (each bill is on a 2monthly basis) thus (1) they have no right to ask for the funds because of the D/D cancellation and (2) They have no right to request said funds because it is in between my billing cycle, (which means they need to give me sufficient time to pay the bill) i pay via my post office to them every week.

Also with saying this I neglected to mention that 'even though i was providing them with updated meter readings' they undercharged me as they said when i contact them about my concern at the steep incline in my bill amounts and that is the reason is its 200 euro now rather than the normal 120-130 euro. I inform them that due to this i will have problems with the repayments and they had the cheek to tell me that i sould keep my meter readings uptodate of which i regularly did already! This is corporate greed in motion right here!! I have NOTHING but i still pay my bills in the end when i can. These people are not human.:pac::pac::pac::pac::pac::pac::pac::pac:

Lyn256

That's why I'm VERY reluctant to sign direct debits-it gives the power to the company to access your account.
My sister worked in the bank years ago and one piece of advice she gave me was, if possible, NEVER EVER sign D/D.

In saying that, I do have 3/4 D/D's but mostly I pay my bills directly or by standing order. Standing order-you have the control. Direct Debit-the company has the control

miss no stars

From what I can gather, you seem to be under the impression that you're in the right but I get an overwhelming feeling that you never read the fine print on your contract with airtricity.

1. Direct debits involve two things - authorization and a mandate. You give the DD authorization to the bank and the DD mandate to the SP. sounds like you cancelled the authorization but didn't do a damned thing about canceling the mandate - write now to airtricity and inform them that you would like to cancel the DD mandate as you intend to pay via the post office.

2. Check your contract with airtricity, they may be perfectly well allowed to change billing dates. It wouldn't surprise me, they are tbh known for underestimating your bill then charging the full lot in one go. Which is why I am no longer with them...

Look, it's surprising that the bank allowed an unauthorized DD to go out but with all due respect, it really sounds like you're not on top of all this yourself. And they said they'd recall it. Paying weekly by arrears is crazy. Leaving the money aside each week in the bank account and paying by DD on time. I'm not even sure from your post if you are in arrears, all utilities charge for your previous consumption and then give you a window in which to pay, otherwise the amount will be debited on the date noted on the bill.

But yeah, go actually cancel the direct debit mandate that AIRTRICITY have. Probably needs to be done in writing but it should say on the copy of the mandate you should have kept.

athtrasna

The terms of the direct debit guarantee state

"If it is established that an unauthorized Direct Debit was charged to your account, you are guaranteed a prompt refund by your Bank of the amount so charged.

You can cancel the Direct Debit in good time by writing to your Bank."

Some companies amend that by stating "You can cancel the direct debit in good time by writing to CompanyName and to your bank"

In my experience you cannot verbally cancel a direct debit, my bank have always requested that I do so in writing.Do you have a copy of the mandate you signed with Airtricity? Did you cancel the DD within the terms you signed up to?

ProfilerX

miss no stars wrote: »

From what I can gather, you seem to be under the impression that you're in the right but I get an overwhelming feeling that you never read the fine print on your contract with airtricity.

1. Direct debits involve two things - authorization and a mandate. You give the DD authorization to the bank and the DD mandate to the SP. sounds like you cancelled the authorization but didn't do a damned thing about canceling the mandate - write now to airtricity and inform them that you would like to cancel the DD mandate as you intend to pay via the post office.

2. Check your contract with airtricity, they may be perfectly well allowed to change billing dates. It wouldn't surprise me, they are tbh known for underestimating your bill then charging the full lot in one go. Which is why I am no longer with them...

Look, it's surprising that the bank allowed an unauthorized DD to go out but with all due respect, it really sounds like you're not on top of all this yourself. And they said they'd recall it. Paying weekly by arrears is crazy. Leaving the money aside each week in the bank account and paying by DD on time. I'm not even sure from your post if you are in arrears, all utilities charge for your previous consumption and then give you a window in which to pay, otherwise the amount will be debited on the date noted on the bill.

But yeah, go actually cancel the direct debit mandate that AIRTRICITY have. Probably needs to be done in writing but it should say on the copy of the mandate you should have kept.

Thanks for your response.
You're probably right on the mandate thing, as for me being in arrears.. no i ain't in arrears any long as they took what positive balance i did have and took the rest by putting my account into the red -126 euros. Now i couldn't even do that if there was enough in the account it would come back saying insufficient funds etc.

I didn't write to Airtricity to cancel any mandate, i was possibly foolish to think that when you cancel a direct debit it cancels any right for the entity that created the d/d to debit my account any longer. I even asked the cashier when i made the cancellation that.. Now is that all i have to do? Airtricity will not be able to access my account anymore correct? and she said yes they won't be able to access my account.

I can't believe this **** man.. I am a little guy like i have nothing.. and im a student.. i can't afford to pay this money i simply cannot afford it.. I have to pay in arrears they give me a certain amount of time to pay it? i have it payed off before the next bill arrives always because i starve myself. It is that serious and that is the reality of the situation.

This just is not right!:pac::pac::pac::pac::pac::pac::pac::pac::pac::pac::pac::pac::pac::pac::pac:

ProfilerX

athtrasna wrote: »

The terms of the direct debit guarantee state

"If it is established that an unauthorized Direct Debit was charged to your account, you are guaranteed a prompt refund by your Bank of the amount so charged.

You can cancel the Direct Debit in good time by writing to your Bank."

Some companies amend that by stating "You can cancel the direct debit in good time by writing to CompanyName and to your bank"

In my experience you cannot verbally cancel a direct debit, my bank have always requested that I do so in writing.Do you have a copy of the mandate you signed with Airtricity? Did you cancel the DD within the terms you signed up to?

Thank You very much for this! It is really helpful. And i nearly cried when i read it out of relief, I am really worried about this and my future and i simply can't take this, i am under pressure. but i will deal with it.

No i didn't as far as i know i didn't keep a copy of the contract.. i keep a big bag of reciepts and past bills etc so i will have to root around for it.. (wishing i had of listened to myself now and been more organised about keeping records. Thanks for your replies.

questionmark?

You can just enforce the Direct Debit Indemnity i.e. Your bank has to legally recall it. You'll get your money back straight away.

In regards Airtricity you can make an official complaint as to why they took they the DD on the wrong day. If it has any financial impact i.e. overdraft charges from your bank, then ask for some compo to only cover any reasonable costs which you can prove.

Chances are OP it was a simple computer error all be it annoying but don't be too much of an ass to them as you have broken your contract by not paying bills when they become due and falling into arrears so don't have notes on your account shown your an ass as they are less likely to agree weekly payment plans.

athtrasna

questionmark? wrote: »

You can just enforce the Direct Debit Indemnity i.e. Your bank has to legally recall it. You'll get your money back straight away.

Not if the mandate wasn't cancelled properly.