Who's bank account is it? Direct Debits.

seanoge

In a dispute with a mobile phone co. so went to my bank and cancelled the Direct Debit. None the less they took the money from my account after the cancellation. The bank says the phone company have a right to help themselves to my money.
Thought Direct Debits were controlled by me?

Menas

Nope, that is a standing order.

mgbgt1978

Few years old I accept but....

http://www.askaboutmoney.com/showthread.php?t=42652

slimjimmc

I believe the bank is wrong. There are rules to the DD Scheme which banks are supposed to adhere to, one of those rules is that the bank must honour your instructions.

http://www.ipso.ie/section/directdebitscheme

The Payer can cancel or amend the Direct Debit Instruction at any time by informing their bank in writing. They should also inform the Originator. Please click here for a sample cancellation letter. All correspondence should be retained.

The Payer’s bank will then inform the Originator of the cancellation or amendment.

If the instruction is cancelled no further collections are permitted.

If it is established that an unauthorised direct debit was charged to a Payer’s account a prompt refund is guaranteed by the Payer’s bank. An Indemnity Claim is a claim made by the Payer’s bank in respect of an unauthorised direct debit being applied to its customer's account.

Did you instruct your bank in writing to not make payment?
Either way I suggest you go into your bank and demand your money back, it's not their authority to police your debts.

Bear in mind some businesses use DD Plus which I think means they can open a DD on your behalf, some might use this to reopen a DD. You have to tell them not to take it.


Also noticed from the IPSO site that the originator (phone co.) is not meant to debit disputed amounts.

markad1

That's why I won't do DD.

smcgiff

The telecom company is under obligation to cancel the DD when you tell them. They have to agree to this before they are allowed to take DDs.

I think it's the company you need to get the money back from.

seanoge

I informed the phone co. by email that I was canceling the D.D. and informed the bank in person. They gave me a print out to say the D.D was cancelled. 10 days later the money was taken.

Nervous Wreck

Under SEPA rules, the bank can get the DD returned but if it's not a SEPA DD, they won't be able to. Call the bank and ask if it's a SEPA DD.

seanoge

Yes, just read about SEPA and this looks awful. All DD transactions are in € regardless of the original banks currency. I got a small pension back dated from Jersey(£) to a NI. Bank(£) so it was converted to Euros then back to Sterling!!! Cost to me €36.-. Madness.

seanoge

That should read £36.- about 10% of the payment.

seanoge

Apologizes to SEPA. Jersey had informed me that they had sent the sum in Sterling but after a little digging it seems that someone in the Jersey office looked at a map and saw that Belfast(where my bank is) was in Ireland and as Ireland is in the Euro so the sum was sent in Euro.

As for the Direct Debit the bank have written to the phone company asking for the money back but still insisting that they acted correctly. I printed out slimjimmac's link http://www.ipso.ie/section/directdebitscheme but they dismissed it as "something you got of the internet". So will wait & see.

seanoge

Just checked my account and money is there already. Thank you all for the help.

Legislator

If you cancel a direct debit with your bank they are obliged under the DD Scheme Rules to return any subsequent collections. If they paid then they are liable and must refund you in full.

Fred Swanson

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seanoge

It seems like they will. They just sorted mine after a lot of complaining.

Fred Swanson

This post has been deleted.

Legislator

Fred Swanson wrote: »

This post has been deleted.

They have to - its the law.