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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I switched bank accounts from RBS to Cumberland BS back

Resolved Question:

Hi, I switched bank accounts from RBS to Cumberland BS back in June, The banks were supposed to switch all direct debits but RBS wrote to me on 13/11/14 to say a loan I had with them was 5 months in arrears (£1082) which they want paying ASAP and enclosed a new standing order form.
When I enquired why the standing order hadn't been moved to the new building society they said apparently it has to come out of an RBS account. We do have another RBS account and the new standing order has now been arranged. They have now written again and are still demanding immediate payment of the arrears.
How do I stand? Surely they should have informed me at the time when they didn't transfer the payment, not 5 months later?
Kind regards
Jeremy Voakes.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Jeremy my name is ***** ***** I will help you with this.

Alex Watts :

Did you not realise this monthly payment had not been made?

Customer:

No there were lots of other standing orders and direct debits which moved ok and we presumed they all had.

Alex Watts :

OK. Sadly it is not the responsibility of the creditor to make sure you make your monthly payment.

Alex Watts :

Whilst one would have hoped that they would have written to you, they would argue that you can manage your own affairs.

Alex Watts :

For example if an insurance matter goes to court because of a failed Direct Debit, the Courts would not accept as a defence lots of DD's were going out.

Alex Watts :

The court would expect someone to look at their statement to make sure their affairs are in order.

Alex Watts :

So whilst on one hand one would have hoped the lender would have written to you, the onus sadly is on you to make sure that payments are made and to check they have been

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

I would however raise a formal complaint with the lender and point out they waited 5 months, especially if you had no missed payments before.

Alex Watts :

They may investigate this and give you a positive response taking into account the above.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So with the new regulations re moving bank accounts there is no onus on the banks to make sure that all standing orders are actually moved?

Alex Watts :

There is but it is your responsibility to make sure payments have been made.

Alex Watts :

If it had been 1 payment then your argument would have been stronger. But the fact 5 payments were missed and you did not notice damages that argument.

Alex Watts :

The responsibility is on you to make sure payments are made and given the length of time I think that would be very difficult to advance and succeed

Alex Watts :

Does that clarify?

Customer:

Yes Thanks

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