Claimed back under direct debit guarantee...

[garmcqui]

Hi, I recently took out EE Home broadband, and elected to pay the line rental up front for the year,

so £132 was taken by direct debit on 15th Oct.

However, the swines also took a second £132 yesterday.

 

I phoned them and

they agreed it was an error on their part,

but said all they could do was to put a £132 credit on my account (or else a refund would take over a month!),

but they told me to call Barclays and claim it back under the direct debit guarantee

(Indemnity claim or something they called it).

 

I call Barclays yesterday evening, and

they agreed to do it,

but said it would take a minimum of 3 working days,

plus if they need more details they will post me a questionnaire to complete and post back to them?

 

Now the wording of the direct debit guarantee states:

 

"If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society,

you are entitled to a full and immediate refund of the amount paid from your bank or building society".

 

how immediate does it mean?

Does Barclays count 3+ working days as immediate?

 

I now have next to nothing in my account, and have things that need paying.

 

 

Who is responsible for overdraft charges if I need to dip into this whilst this is being rectified?

 

Thanks in advance.

[rebel11]

Hi garmcqui

 

It's an 'immediate refund', I would say Barclays. No doubt Slick will advise further, when available.

[BankFodder]

I think that immediate means - straightaway.

 

Start an Ombudsman's complaint against Barclays. I'm sure that it is worth £50 compensation - don't drop the complaint for less. They are breaking very important rules - but what's new with one of the worlds most dishonest banks.

 

Barclays will be liable for all charges if they breach the DD guarantee. However, they will try to pass the buck. Don't let them.

[dx100uk]

they MUST do it on the phone

 

 

the DD guarantee is as it says 'immediate'

 

 

go ring them again.

 

 

dx

[garmcqui]

On the phone to Barclays now, they really are useless.

 

They are sticking to their guns though, they say an "indemnity claim" (which is what this is, apparently) takes a minimum of 3 working days. I've asked to be passed through to the complaints department twice now, but they seem incapable of even understanding what I want.

 

The financial ombudsman website says I'd have to give Barclays 8 weeks to sort it out before they'll step in?

[dx100uk]

http://www.bacs.co.uk/bacs/businesses/directdebit/collecting/pages/customersrights.aspx

[dx100uk]

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/27/27-directdebit-guarantee.htm

[Klandestine]

On the phone to Barclays now, they really are useless.

 

They are sticking to their guns though, they say an "indemnity claim" (which is what this is, apparently) takes a minimum of 3 working days. I've asked to be passed through to the complaints department twice now, but they seem incapable of even understanding what I want.

 

The financial ombudsman website says I'd have to give Barclays 8 weeks to sort it out before they'll step in?

 

The indemnity claim (which is Barclays taking the money back from EE's bank) may well take a minimum of 3 working days. But Barclays are supposed to be issuing you with a refund immediately (realistically this means same-day or overnight) as per the Direct Debit Guarantee.

 

You are correct about the Financial Ombudsman Service (FOS). You need to make a formal complaint to Barclays and wait for a final response from them (which they have up to 8 weeks to do). Only then can the FOS look at your complaint.

[slick132]

Hi Garm,

 

As well as challenging Barclays about their failure to act as quickly as required, I would also demand compensation from EE for all the grief and inconvenience that their admin error has caused you.