EddScott

This follows on a little from a previous post regarding my old broadband account.

The fecking shower of sh$ts at Wanadoo have done nothing about the £90+ they owe me for continuing to take my monthly subscription out of my account. After phoning them on the 10th to sort this out they've still taken another payment 2 days ago.

I've spent 2 hours on the phone to Wanadoo and cannot get a straight answer as to when I'll get my money back. I've read other peoples dealing with Wanadoo and some have spent over 3 months getting money back from them.

Following the last post, I asked my bank about an indemnity claim. Does anyone know what the procedure is regarding this form and approximately how long it takes to process.

cheers

HankScorpio

Immediate refund on error, dunno if this would qualify as an error, the ******* will try and wriggle out of anything..??

http://www.bacs.co.uk/BPSL/directdeb...ic/yourrights/

GC8

It definately counts as an error and Wanadoo will have to refund the bank; in the mean time the bank will refund you. Youll fill in the forms with a bank employee.


Simon

Spoon

Why haven't you cancelled your direct debit to prevent further payments?

EddScott

I migrated from Wanadoo to Eclipse in May. I deleted the DDM instruction online at my bank website.

November 7th I get a letter from Wanadoo asking me for June payment of £17.99. I rang Wanadoo as I was no longer with them and they informed me that they had re-started the DDM payment in July. I assumed that deleting the DDM from my account online was sufficient instruction to the bank to stop allowing the payments - apparently not.

I contacted Wanadoo who admitted it was a mistake but it was the responsibility of my new ISP to tell Wanadoo that I had migrated - sounds like BS to me!

I was told that the procedure had started in order to get my money refunded. I was pretty pi$$ed to say the least when I noticed they'd taken yet another payment on 16th November. I rang today to discover that they've done nothing to refund my money.

This is why I am now resorting to the bank to get my money back and my bank can do the fighting. Having read the DDM guarantee I think it fits perfectly with this :-

"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"

Spoon

Yes, they had no right setting up another DD. You will get your money back but unfortunately the time spent on these matters is diabolical.

However don't let it go (Not that you will).

DocJock

Don't let them mess you about.

Either use the Small Claims Court (costs them more) or report it to the Police as a theft (which it is seeing as you stopped the DD and informed them you were cancelling)

EddScott

Quick update and a warning for those that may find themselves in this position.

I approached my bank to see if they would refund me as it was an error between wanadoo and the bank. I thought I would be protected under the DDM guarantee. The bank were very unco-operative and didn't want to get involved. I pushed the subject of an indemnity claim. This turns out to be false hope as they would have to make 5 claims for the 5 payments and if they didn't get the money back from wanadoo they would take it back from me in the end - irrespective of whether this action might make me overdrawn and the bank would charge me for that too. They really tried to wriggle out of it by saying its my dispute with wanadoo not the bank. Needless to say after christmas I'll be changing banks too.

I eventually got a number for wanadoo head office and between me and the bank wanadoo are supposed to be sending me a cheque within the next 3 weeks - god help them if they don't! Small claims court here we come.

The VERY disturbing thing is that I cancelled the DDM with wanadoo and they re-instated it without any question, warning or anything to me or indeed the bank. Wanadoo just entered a new DDM onto my bank account and started taking the money out again - this I found very bloody shocking. I'm going to report them for this as its very wrong for a company to take money from your account without asking - its no different to theft.

If you severe a tie with a company you assume that should be the end of it. For that company to just decide it wants your money and is then allowed to take it is a plain blinking wrong!

GC8

What youve been told is plainly incorrect. The bank are responsible and the buck rests with them. The cant take the money from your account under any circumstances. Google Direct Debit Indemnity and youll find out all that you want to know. I have recently made a DDI claim for £800, currently the bak cant get it back from the crooks but they certainly cant get it back from me.

Simon

GC8

Look here:

BACS FAQ

The bank HAVE to refund you within 48 hours and it is their responsibility alone to recover the money from the recipient. Also; they shouldnt try to charge you as some have been suggesting they will recently. Banks want to avoid their responsibility here, as with the Consumer Credit Act and the liability that theyhave as card issuers. F*ckers...


Simon

Trout

iTrader: (1)

Just as a little aside - I paid for my Freeserve account (Wanadoo) with my Visa card. They continued to take payments from it even thought the card had long expired as it was never reauthorised. When I called them about this - they said - oh yes - we do get one or two customers complaining about this!!

Yeah right!

Rannoch

EddScott

To be honest I think the whole attitude of my bank - HALIFAX - stinks in this matter. The lady I had the appointment with said that in previous cases they had taken the money back from those account holders where the money had never been recovered. In some cases they slapped a charge on those account holders for going overdrawn even though it was the bank causing it.

She even said that it was unlikely the manager would be prepared to make the claims in the first place because it had taken me too long to notice the money coming out. The way the Halifax completely washed thier hands of the whole affair has made me determined to give them the boot - which is a shame because I've been with them since I was 16.

I've had an account with HSBC for a few years now so will be transferring all my dealings to them after chrimbo. Not that they will care but I will also make a point of informing the Halifax of the reasons for me closing the accounts.

ChrisB

Edd, have a look at MoneySavingExpert for the best current account.

I'm thinking of leaving HSBC (who I've always been with) as they pay a pittance of interest. Only "service" I've had from them is paying a cheque in at the bank, so no complaints but no experience either.

Play the recommend a friend system right with A&L and you can make a few quid for yourself (all detailed in the above link).

GC8

Edd; she doesnt know what shes talking about, its a common with DDI claims. Mention the BACS conditions which they have to adhere to (and they certainly cant recover the money from your account). If she still drags her heels then speak to the branch manager and keep going upwards. In theory Halifax can be ejected from the BACS system if they fail to act correctly!

GC8

One further point; you have SIX YEARS in which to make the indemnity claim; and the manager of the branch, or the bank themselves do not have the authority to veto your claim. If you want to make it theyre bound to accept it.


Simon

Shonen

I would print off the info from the links, go to the Halifax and slap it on the desk. I am with the Halifax too and they are shockingly bad.

SteveScooby

iTrader: (2)

I agree with what everyone has said mate, any Direct Debit mandate you sign should have the DD indemnity scheme attached to it so just have a quick read through that. The woman at halifax is talkin B0llox. they're just trying to get out of 1) having all the messing about to do chasing it up and 2) having to refund the money to you. Trust me I used to work in a bank, just keep nagging them and they'll sort it eventually!

SteveScooby

iTrader: (2)

PS

Taken from the BACS website: http://www.bacs.co.uk/BPSL/directdeb...t/managing_DD/

"The Direct Debit Guarantee ensures that, in the unlikely event of a mistake, you will receive a full refund from your bank or building society"

SteveScooby

iTrader: (2)

PPS
read this too:

http://www.bacs.co.uk/BPSL/directdeb...ic/yourrights/

Steve :-)

Mungo

First rule of banking?
"Screw the customer"

SteveScooby

iTrader: (2)

No that's the second rule, first rule is "avoid taking on extra work at all costs"

EddScott

This is what I produced to the lady at the Halifax and the result was as mentioned above.

Might give Lloyds a go as theres free money in it. My GF is with Halifax too so she can move and we'll get some more free cash. I've heard some tales about Lloyds too but overall I think all the banks are a law unto themselves anyway.

Moral of the story I guess is check your statement every month and when cancelling a DDM write to all parties concerned and make a point of instructing your bank not to allow any more payments.

GC8

From the BACS FAQ page that I linked to this morning...



Simon

GC8

Edd; dont back down for f*cks sake! They can not avoid acting on your behalf; if you complain about their conduct to BACS the Halifax can be ejected from the scheme. No BACS means no banking business!

This is winding me right up; Im off to make a brew.....

SteveScooby

iTrader: (2)

Mmm, in that case go back to your branch ask to speak to her superviser/the manager, if they refuse ask for a copy of their complaints procedure, threaten them with closing your account and making an official complaint about the person you spoke. that should get things moving, if you still don;t get any joy PM me, I've got a mate whop works for Halifax and I'll speak to him see what he suggests

Steve

EddScott

GC8 - the sentence quoted above is exactly the sentence I highlighted and pushed under her nose and still I got that response.

Anyway, as far as I know Wanadoo are going to send me a cheque within the next few weeks and all will be squared with regards to the money. I have the telephone number of wanadoo head office and can easily get to their "Advanced Complaints Team" (no less!!! ). I found this number after some heavy googling as its not widely available - even Halifax had the bloody call centre number and I said you'll speak to a muppet who can't help you. I gave Halifax the right number and I ended up using their phone to contact wanadoo myself.

If the cheque doesn't arrive by the 12th I will move things along with either wanadoo or Halifax. I'll be writing letters of complaint to Ofcom re: wanadoo setting up a DDM without authorisation and the Financial Ombudsman re: Halifax and their behaviour towards my rights under the DDM guarantee.

However, as I can make £130 by moving to Lloyds and getting the GF to do the same I'll be doing that over the next few weeks.

I deal with life assurance companies every day and on more than one occasion I've charged them an admin fee at £75 per hour of my time wasted. Might send wanadoo a bill and a copy of my letter to Ofcom and see what they say. Might demand some compo from Halifax too while I'm at it, worth a shot.