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Posted: Sun Aug 10, 2008 10:53 am
by suzanne100268
I hope someone could offer some advice. I changed my current account when I'd made my decision to go for an IVA which was accepted in July. However, I didn't need the new account and never used it. I got a letter the other week stating that I was overdrawn by £9.44. When I queried this with the bank they said a direct debit had been paid. I have never used the account.
I then checked on line and saw that there were 3 direct debits set up on the account. I have cancelled them all. But the one that had paid £9.44 out was to Legal & General and the bank said they couldn't do anything about it.
I rang L&G and explained I had never had any accounts with them and they agreed that the DD reference didn't belong to me.
L&G have said my bank should refund under the DD guarantee, but my bank say that they can't because the DD is not mine! I am in a position where I have now been charged £30 by my bank for being overdrawn by £9.44 and had put the money in the account to save going overdrawn for another month. The thing is I am also worried about the IVA, knowing that I cannot be overdrawn at the bank and I am almost £40 out of pocket.
Has anyone got any ideas how I can resolve this as I am going round in circles?
Posted: Sun Aug 10, 2008 10:58 am
by chris.g
I would take it up firstly with the bank as it is their responsibility to refund under the D/D guarantee. Then you should take it up with L&G and get them to refund the bank charges including any interest that is charged to you because of their error. They will refund because it's their fault and they wouldn't want it to come out.
Posted: Sun Aug 10, 2008 10:59 am
by kallis3
Hi suzanne,
Well obviously this is not your fault, so I don't think it will affect your IVA.
I am really not sure of the answer to this, but I would say that L&G have taken the money out, so they should at least refund the amounts they have taken out as they are in their accounts. As for the charges, I presume the bank should refund those.
I am sure that someone else on here probably has more knowledge of the subject than me.
I would be round the bank first thing in the morning though to sort it out face to face. Usually gets something done quicker than talking to someone on the phone.
Posted: Sun Aug 10, 2008 11:01 am
by Viki.W
Hey Suzanne, I wouldn't worry about your IVA, it's not your fault. I was under the impression that the bank has to refund this under the Direct Debit Guarantee. I would maybe go into the branch and talk to someone face to face. L&G will HAVE to pay the charges. Hope you get it sorted. X
Posted: Sun Aug 10, 2008 11:05 am
by Wizzard
If the bank paid out monies to a DD which was not yours they will have to refund you no matter, what as well as the amount that was requested. Fight this Suzanne, at managerial level, not Personal banker level. I had something similar last year and it took 2 months to get the monies back but I did win and so can you.
Posted: Sun Aug 10, 2008 11:10 am
by suzanne100268
Thanks guys, I'll go in the bank tomorrow.
Posted: Sun Aug 10, 2008 11:14 am
by Wizzard
In the meantime Suzanne here's a little bank jokette for you .......
A guy walks into a bank and says to the teller at the window, "I want to open a friggin' cheque account"
To which the lady replied, "I beg your pardon, what did you say?"
"Listen dammit, I said I want to open a friggin' cheque account right now."
"Sir, I'm sorry but we do not tolerate that kind of language in this bank!"
The teller left the window and went over to the bank manager and told him about her situation. They both returned and the manager asked, "What seems to be the problem here?"
"There's no damn problem," the man said, "I just won 50 million Pounds in the lottery and I want to open a friggin' cheque account in this damn bank!"
"I see sir," the manager said, "and this bitch is giving you a hard time?"
Posted: Sun Aug 10, 2008 11:19 am
by kallis3
[:D][:D][:D]
Only managed a tenner last night (works syndicate so worth even less!), so I won't be opening one of those accounts anytime soon!
Posted: Sun Aug 10, 2008 11:24 am
by Viki.W
[:D][:D] I won the euromillions on Friday, got one number and two stars, so I'm hoping I got the jackpot![;)]
Posted: Sun Aug 10, 2008 11:32 am
by kallis3
It won't be the debt collectors knocking on your door if that is the case Viki - it'll be me with begging bowl![:D]
Posted: Sun Aug 10, 2008 11:35 am
by Viki.W
Hold that thought and I'll let you know tomorrow how much I've ACTUALLY won![:D]
Posted: Sun Aug 10, 2008 11:37 am
by kallis3
I'll put me coat back on the peg for now then![:D]
Posted: Sun Aug 10, 2008 11:40 am
by suzanne100268
Brilliant Ray!!
Posted: Sun Aug 10, 2008 6:42 pm
by Adam Davies
Suzanne
Your bank MUST refund this DD under the DD guarantee.full stop.
Do not get fobbed off
I have always found banks a little reluctant to act on this guarantee,in my experience they always try to refer you to the company that have taken the payment.
As I have said you are completely within your rights and your bank must refund this.
Threaten the Banking Ombudsman if you have too
Please let this forum know how you get on
Posted: Wed Aug 20, 2008 11:46 am
by suzanne100268
Just to update you all. My bank A&L will not refund it. They are charging me £5 per day for being overdrawn, the charges are now up to £65 when I last looked. So I have put some money in to cover the debit but I don't know what I am going to do on the 25th when the take the charges out! L&G have said they will refund it, but that was last Tuesday and we are now a week on again. I have been in the bank again and they have told me that I have to make a complaint, so I am now in the "Complaint Procedure" which could take anything up to 8 weeks!! Happy Days!!! NOT