Actually, I think this needs sorting out.
I'm extremely peeved about the Direct Debit error on my account (double line billing).
It's in breach of the AUDDIS
(Automated Direct Debit Instruction Service) / BACS ToS with regard to "Advance Notice".
Those requirements state:
| Quote |
| The default period in the absence of any other agreement is a minimum of 10 working days plus postal time. |
And
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| With a variable direct debit the originator must provide enough advance notice of the amounts and dates of payment, or any changes to them, in sufficient time to allow the customer to raise any queries prior to payment. This is defined as at least ten working days from receiving the notification. |
Now PN's T&C's of service state:
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Paying for services
23. You agree to pay all charges for the equipment and the service, including any additional charges detailed in these terms or the price guide, whether you use the service or someone else does. The method of payment will be either as set out in the service terms or as we otherwise agree with you.
24. Unless we agree otherwise, we will normally bill you upfront (in advance) for any rental charges for the service. We will bill you later for any other usage charges after the event which the charges relate to. If possible, charges will appear on your next bill, but sometimes there may be a delay.
25. You may see your bills online at http://my.plus.net/. We will email you at the email address you have provided (or default email address if one is not provided), prior to us sending your first bill shortly after we have provided the service to you for the first time. After that, we will update your bills regularly online. However, we may sometimes send you a bill at a different time, for example if the amount of money you owe us is considerably higher than expected.
26. You agree to pay the charges on your billing date. You may also need to pay a deposit or a payment upfront before you can receive the service or goods.
27. If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment within 10 calendar days of the date of that reminder, we may add a late payment charge of £7.50 to your next bill by way of compensation to us for breaking the terms of this agreement. We may also charge you £10 by way of compensation to us for any Direct Debit or cheque payments which are returned to us because you do not have enough funds in your account. The charges set out in this paragraph are not subject to VAT.
28. We will generally not suspend or end the service or the agreement until 14 days after your payment was due, unless the service terms or the price guide say otherwise. However, sometimes we may take this action earlier. For example, when you reach your credit limit.
29. If you do not pay your bill, we may ask a debt-collection agency to collect the payment on our behalf. If we do, you will have to pay us an extra amount by way of compensation to us for breaking the terms of this agreement. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us). Any extra amount added to your bill will not be subject to VAT. This paragraph applies even if your agreement with us has ended.
30. Where we arrange for an engineer to visit your Premises for activation of the Service, or for resolution of a fault, you will be responsible for any costs incurred owing to any of the following:
1. an engineer attends an incorrect address as provided by you;
2. the site for installation does not meet the minimum requirements as agreed during the product registration;
3. an engineer arrives to carry out the installation at the address provided by you, but you no longer want the installation completed;
4. entry is refused to the Premises, or access cannot be gained, at the appointed time, as agreed between you and us;
5. you report a fault, an engineer attends your Premises, and discovers the fault is not the result of the Service;
6. your reported problem, following your request for an engineering visit, cannot be confirmed; and
7. when you cancel a request for an engineering visit later than 48 hours before the scheduled visit.
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I didn't receive 10 days notice of the debit
(Email received 23/12 - incorrect payment taken 30/12)Despite the fact PN were notified of their error, they immediately send the request for payment and insist that the refund cannot be processed until they've received the payment.
I received a response to my demand (Question 31323893, raised 24/12 at 12:43
am ) for repayment/correction, on the 24/12 stating that:
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Dear Mr lewis,
Sorry about this, unfortunately a payment request has already been submitted to your bank, so it is 'too late'.
As soon as the payment is confirmed then we'll refund, unfortunately this will take a few days.
I'll place the ticket on hold until we can make the refund for you.
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Then a further internal note:
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(INTERNAL NOTE)
Customer has been double billed for line rental, ticket on hold, please check that payment has cleared and action refund once it has.
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(So you take money off me incorrectly, then have the utter
cheek to state they you will check it's cleared THEN action the refund.....)
I then posted
http://community.plus.net/forum/index.php/topic,81078.msg674313.html#msg674313 and referred the question back..
Clearly I hit a sore point
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Dear Mr X,
I have contacted you today and you had requested a call back later on in the day. I will try and give you a call however, the reason for my call was to apologise for the error in your billing.
I have processed a refund of £10.95 and this will take 7-14 days to reflect in your bank account. I am sorry that we were not able to cancel the direct debit or stop the direct debit - this is because of the limitations on our biiling system.
The refund has been processed and I am sorry for any delays and inconvenience caused.
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Now we have the original CSC telling me it takes "a
FEW days", after you've "stolen" my money... then told you have processed a refund prior to you grabbing my money, but it'll take 7-14days.... it doesn't take you
THAT long to grab it from me, in fact I'll tell you now, the AUDDIS system clears this stuff almost immediately, and based upon a 3 day standard BACS cycle. I should also point out that I STILL havent received my refund - and I'm not happy about that.
Something smells a little odd here with regards to your billing systems, they CLEARLY don't abide by the AUDDIS scheme requirements with regards to Advance Notice Periods, which is 10 days minimum unless agreed otherwise, which I have not agreed to at any point and it's not in your T&C's.
As PN clearly state in their T&C's
| Quote |
| 27. If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment within 10 calendar days of the date of that reminder, we may add a late payment charge of £7.50 to your next bill by way of compensation to us for breaking the terms of this agreement. We may also charge you £10 by way of compensation to us for any Direct Debit or cheque payments which are returned to us because you do not have enough funds in your account. The charges set out in this paragraph are not subject to VAT. |
Quite frankly, What's good for the Goose, is good for the Gander now...
I now look forward to receiving £7.50 for late payment (on your behalf), as I have not received my refund within 10 Calendar Days, and also a payment of £10 by way of compensation to myself for you debiting the wrong amount, the the numerically challenged amongst us, thats £17.50 (Which is not subject to VAT) that wants crediting to my account immediately. Of course, should you refuse this, then I reserve the right to pass the matter to a debt enforcement agency.
I should point out that should you wish to contest that compensation, stating that there is no compensation clause on my behalf... I'm sure it will be classed as an Unfair Contract Term by the office of Fair Trading - after all financial penalties for errors (on my part or yours) should apply both ways, which has been clarified by the OFT in guidance, stating:
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| For a contract to be fully and equally binding on both supplier and consumer, each party should be entitled to full compensation if the other fails to honour its obligations. |
I look forward to hearing from PlusNet shortly.
Of course, you could quite easily have avoided this...... by ensuring your billing systems work correctly, and putting in place a system that abides by the rules and schemes that are there to protect us from such errors.
