Council Tax and house repossession help!

[zoe]

jane
This is absolute Rubbish - unless you have reinstructed them they cannot just ask for an instruction to be reamended - the AUDDIS scheme is just an electronic scheme
check out this link gives you the details
http://www.bacs.co.uk/BACS/Businesses/D ... erless+DD/

please query this with Barclays because is not correct, whats the point of a Direct Debit guarentee that all originators must inform their clients of???
i would take it higher and get your money back!

[jane.l]

yes, I have applied for my money back. When this leter came, I rang Barclays and they said, yes, in effect, the IR can set this up again at any time and I should try and get the IR to stop it once and for all! I rang IR and they were not keen on helping me so I have changed bank accounts now for peace of mind

[chris.g]

Jane, I wouldn't let this D/D thing go. I've looked up AUDDIS and all it is the way the d/d is paid.

Step 4 – AUDDIS (Automated Direct Debit Instruction Service)
AUDDIS automates the lodgement of DDIs from the Originator to the Paying Bank by
sending the information electronically via BACS.

Check this out, it's guidlines for companies who uses D/D for payment methods. I can't find anywhere in there which gives instructions on how to re-instate the cancelled d/d.
http://www.aptbacs.co.uk/Downloads/PDF/ ... 0Guide.pdf

I suspect that your bank has messed up and are trying to wriggle out of paying. You can check out this as well
http://www.financial-ombudsman.org.uk/
They will gie you impartial adice regarding your rights in the situation.

[Skippy]

Dave was told the same thing about direct debits by Natwest. When he qualified as an electrician a couple of years ago he joined one of the regulatory bodies (NICEIC or something) and set up a yearly DD for around £400. When he didn't get the books etc that he was supposed to he decided not to renew his membership and cancelled the direct debit.

He then got a letter from the mortgage company saying that the mortgage payment had bounced and when he checked his bank account the NICEIC payment had been taken out - they had restarted the direct debit under a new reference. He queried that with the bank and was told that they were perfectly entitled to do that and he would need to take it up with them as 'it would be easier'. He eventually got the money back (the bank weren't interested despite the direct debit guarantee) from the company and didn't take it any further and hasn't had any problems since.

[chris.g]

Surely that's fraud Skip??? Using a different ref No. is altering the d/d contract without the payers consent. Sounds very iffy to me.

[jane.l]

This is a quote from my letter:

“I am sorry for the difficulties you have experienced with your DD to IR. This company is a member of the automated Direct Debit Instruction Service. This means that they can set up DD mandates and claim payments electronically, without sending your signature to us. Once established, reputable companies sponsored by their own banks are allowed to join the scheme and they must comply with strict regulations”

[zoe]

This doessn't mean that they can just reinstruct it! This means as i have said that they send their files electronically
And the strict regulations they refer to is the Direct Debit guarentee - which says you can cancel your direct debit at any time

[jane.l]

I rang the bank and the lady said, in effect, worrying, it means they can set it up again

[zoe]

Absolute rubbish jane - you need to speak to a manager - they can set up again, providing YOU have given them permission NOT when they feel like it.

[jane.l]

My point is, this debt was before bankruptcy, we had a DD set up to repay it but because I was made bankrupt, the IR said I should cancel the DD with my bank cos I don't owe the money anymore, I went to the bank to make sure this money never came out of my account, but I found out that the IR HAD set this DD up without my permission after they had spoke to me and after the bankruptcy date. My worry is they will re-start it at any time in the future, like they did this time



It does not really matter now, I feel a whole lot better with a fresh new account with no direct debits on it and nobody knows the account number and now I don't have to worry about it in the future

[chris.g]

At the end of the day though Jane, you are owed money from the IR or Barclays and you should get it back!
Barclays have ignored a justifiable request to cancel a d/d that they state in their terms and conditions that you can do AT ANYTIME.
IR have reinstated a d/d that they advised you to cancel.
If you remember the approx date of the call in which they adised you, you could request that the call be listened to as ALL calls must be recorded and kept for a minimum of 5yrs.
Contact the bank and ask to speak to the manager, I would go into the branch, sort it face to face.

[jane.l]

Anyway, back to my original query, the council tax, it gets worse, got letter today saying my payment offer is not enough! I cannot pay this amount so it will be court action now, and then what PRISON[:(]

[chris.g]

Have you contacted the OR who handled your br?

[zoe]

have you applied for a class q?

[jane.l]

I rang the OR the other day, they say it is an after-bankruptcy debt, I applied for Class Q but not heard back, its a different department that deals with that and they have huge backlog so the lady said I should pay or I will get a summons[:(]

Don't see how it can be an after-bankrutpcy debt, the period of time they are charging me for, I was bankrupt, and the house was empty and surely it was the OR's responsibility???