debit order fraud....taking someone on

shebeen

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Sep 7, 2010
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short story.
We have a fixed contract with a supplier, 2 payment options upfront installation and monthly debit order, or no upfront and higher monthly. With yearly increases. The fixed term is over and the contract continues, but we are now charged on the higher scale. We recently choose to discontinue the service, and get told we can drop your fees (to the lower amount). We still choose to cancel and get told - "check your contract" 3 months notice and disconnection fee.

So I read the contract.
We are entitled to a 30 day written fee increase. We have never received this on email.
Essentially, the debit order should never have moved form the initial amount.
I do a bit of reading and it seems like debit order fraud is taken quite seriously.

Do the sums, and
a)if we say you need to stick the original amount - they have overcharged us a decent amount of money
b)if we stick to the lower contract fee with annual increases- they still have overcharged us plenty to make it worth my while.


We have given them a notice to repay the overcharged bit, (without interest).
The response was, "we send the increases by email/sms but our system crashed in 2020 so we can't prove it."

NOW
a few options
a)according to PASA (sabric body for running debit orders) i can go to my bank, lodge the complaint and unless the supplier can prove the debit order fees were higher. it gets returned to me. it seems there is no time limit - this seems to good to be true. - anyone heard of this?
b)small claims court
c)name and shame. I suspect their business could be tied up with a lot of this and if the law really is on my side they could owe a packet.
 
Yes, your bank will assist you to recover the overcharge. I was renting two rooms above a motor workshop for an alarm control room. The written arrangement was a fee of R4200 for 12 months, increasing by R300 to R4500 on the 13th month and so on

By chance I looked at the bank statement after about 9 months to see we were being debited R4500 from day one. The manager argued that R4500 was correct and refused to look at the written agreement

I went to see (Nedbank) and they phoned this manager, told him to reduce the amount to R4200 and refund (not credit) the R2700 overcharge. He did neither.

Nedbank's lawyer contacted the debit order company and told them what was going on. They cancelled his account immediately and refunded the excess
 
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