Your advise needed..

  barca1 15:50 18 Feb 2008

Hi everyone,a while ago i started a thread about Bank charges & ive just come into a bit of a problem & the bank wont "Budge" let me explain:
I canceled a direct debit a few weeks ago & for some Bizzare reason the company i canceled it have tried to take out the money again (Or so the bank say)..? i called yorkshire bank & asked them to cancel this transaction weeks ago then called the company who i have the broadband with & canlceld it with them & changed it to another account i have,the bank (Yorkshire) stated that they "WONT" take off the £35 because the account was overdrawn due to there been insufficent funds in the account,so basicly they (The bank) have also "NOT" canceld the transaction/direct debit then charge me ANOTHER £35 for a measley £6 direct debit as the account had £12 in it..?? why have the bank allowed this to go ahead & do i stand a chance of getting the charge back.?

  lisa02 16:01 18 Feb 2008

Phoned the Bank?

In my experience they won't do it over the phone, you are required to sign the cancellation.

  interzone55 16:11 18 Feb 2008

It's a little difficult following your post with everything merged into one paragraph.

Lets see if I understand you correctly.

You had a direct debit set up to pay your ISP.
You canceled this DD with the bank over the phone.
You canceled the payment to your ISP, again over the phone, and instructed them to take it from a different account.

Now your ISP has called for the money from the original account, this has made you go over drawn and your bank have charged you an overdraft fee.

I'm not sure of the legalities involved here, but I'd contact Citizens Advice, as I thought the Direct Debit Guarantee covered this sort of problem.

As lisa02 said, you really should follow up any telephone instructions with a letter. Perhaps is worth trying a bank that has a good Internet Banking facility, I use First Direct and they allow you to set up & cancel payments online.

  lofty29 16:17 18 Feb 2008

You have to confirm account changes in writing unless you have internet banking, likewise I think you have to advise the drawer in writing. As for getting your charges back, I think you will have to wait the outcome of the court case over unfair bank charges, mind you any decent branch manager would waive the charges in a case like this, have you spoken to him/her

  Forum Editor 18:22 18 Feb 2008

to cancel a Direct Debit by making a phone call. You must either visit the bank in person, or write to them by post.

You can however set up a Direct Debit over the phone, although the company concerned must write to you to confirm the arrangement. Did you get this written confirmation?

The ISP has acted correctly in calling the Debit from your original account, because you didn't write to the bank to cancel it, and you didn't write to the ISP either.

What happened with regard to the new Direct Debit you set up - has it come into operation?

  barca1 20:20 18 Feb 2008

hi all well ive since done some more reaserch, ive since gone into the branch & got a snotty woman who i explained what had happened,i told her that i wanted to know what the charge was & she confirmed it was what i was told on the phone,i told her that i DID cancel ALL of my direct debit's & i wanted to speak to someone about the charge,she then told me she would speak to the branch manager & off she went,15 seconds later(like she had explained the full situation NOT)& told me that the manager will not be refunding me unless i can remember the EXACT time & date that i canceled the "DD" over the phone (You can cancel DD's over the phone with yorkshire bank) thing is i canceled it around OCTOBER so how can i remember the exact details..??? is this just a reason to make me not want to go ahead with persuing it..? so it looks like i'll NOT be getting it back...

  beeuuem 20:27 18 Feb 2008

Depending on your 'phone provider you may be able to get an itemised bill showing when you called the YB number.

  bstb3 09:24 19 Feb 2008

but I have been told before over the phone with Barclays that something has been done (again cancelling a DD) only to find out later that it hadn't. It does seem that sometimes call centre operatives can be misleading / at fault so I prefer to deal in person at the branch wherever possible.

  al7478 13:19 19 Feb 2008

thats it - for some things im more confident going into the branch, but if someone gives the impression on the phone that something has been done, it ought to be done. The genereality - by most here - that you cant cancel DDs by phone would seem to be questionable too.

  Totally-braindead 13:34 19 Feb 2008

I know my bank will not cancel DDs by phone and I know this because I tried to do this last month and they confirmed I would have to come into the branch.

The problem you have as I see it is you might well have cancelled it by phone if as you say your bank allows this BUT and this is the important bit you have no evidence that you did this and therefore as I see it they can just stick to there guns and say you never cancelled it and as you have no evidence that you did so you've had it.

  lisa02 13:56 19 Feb 2008

I have moved bank several times in the past and always had to cancel DDs in branch.

One bit of advice I was given when I was moving accounts was keep the other active until you seen that the transfer to the new one was successful.
I know it's too late now but hopefully someone else can avoid the same debacle by reading it.

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