3 direct debit ***k up

droidus

So, Im overdue for payment on both my three accounts.

I have them both set up for direct debit first thing in the month, so I phoned up to pay the bills and ask what happened. After 30 mins on the phone it was established that three made an error (the first of its kind according to the lady I spoke to) and didn't make a direct debit attempt on the agreed dates, but 2 weeks later, when the funds weren't there.

As a result I had to pay €12.70 x 2 for unpaid direct debits with bank of Ireland - over €25!

Now obviously Im not happy about this, but three have insisted that they can try and take the money whenever they feel like it so tough luck.

As far as i know, the direct debit agreement specifies a particular date (a date I choose to ensure that three get paid whilst I actually have money in my account), and three have breached that agreement by attempting to take the money 2 weeks later, costing me money I dont have.

I am awaiting a call back from a manager at the call centre, and I had to be very insistent to even get that far, so I don't hold out much hope.

Im out of contract on one phone and a few months away from the end of my second contract... I'd prefer not to leave but this is absolutely infuriating.

Does anyone know what the law is re direct debit agreed dates?

Sunny Dayz

I might not be answering your questions - but Three have a Talk to... section on Boards, that might be of more help and might get answers out of them quicker..

I know there was a mess up earlier this month on their side with dd's not taken and customers (myself included) being directed to pay online or over the phone and to go through the trouble of setting up a new dd facility.

droidus

Thanks Sunny - I've actually used it before, but the red mist descended and I wasn't able to find it. Got it now.

DMcL1971

The rules in relation to Direct Debits are set out by IPSO (Irish Payment Services Organisations) they have a FAQ here http://www.ipso.ie/section/ConsumerCornerFrequentlyAskedQuestions#CCDirectDebitsFAQs

The sections that apply to you are pasted below:

What happens once the direct debit is set up?
The originator will notify you in advance of the payment details and will collect the funds on the due date. You need to make sure you have sufficient funds available in your account.

Will the direct debit always be debited on the same date?
In many cases, if agreed with the originator, the direct debit can be applied on a regular date; otherwise it will be debited as per the advance notice.


The upshot is that, Three are obliged to give you 14 days notice before taking money from your account. it is your responsibility to have sufficient funds available in the account on the due date. This is why it always says somewhere on your bill something like 'Your balance is €X.XX and is due to be paid by direct debit on 14/07/2014'.

If they fail to take your DD on the correct date then they need to either issue you a new bill informing you of the new due date or just wait until the next billing cycle. If however they tried to take your DD on some date other than the due date then they are in the wrong. They have failed to give you the required 14 day advance notice of the due date.

They should apologise and agree to refund you the late fees that you incurred. You will presumably have to send them proof of the two 12.70 charges from your bank statement.

DMcL1971

Just to further clarify the advance notice part I got this from IPS also I have bolded the relevant part.

SEPA Direct Debit

A direct debit is an instruction from a customer to their bank or building society or payment provider, authorising an organisation (known as an Creditor) to collect variable or fixed amounts from their account, as long as the customer (known as the Debtor) is given advance notice of the collection amounts and dates.

Direct Debits provide:

A simple means of paying regular bills without the risk of late or missed payment
Advance notice of the date and the amount of each direct debit, this must be provided by the Creditor. The advance notice period is generally fourteen days, or in some cases seven days or less if agreed by all parties, before the direct debit is applied
Once advance notice is received the Creditor will collect the funds directly from your bank account on the due date

Time

Very simple solution here ring BOI and insist that they reverse the DD as you weren't notified. They'll tell you to sort it with 3 at first which is BS. Read the direct debit guarantee to them which is linked above and states that they have a responsibility to immediately reverse unauthorized DDs, this will also involve them removing the fees

Fred Swanson

This post has been deleted.

droidus

Thanks guys, I got €20 credit off them in the end. Took some doing, but as Ive discovered with three in the past, being insistent pays off.