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Santander have told me that they will not refund any monies collected by direct debit where the amount taken was increased without prior notification. They have spoken to the trader (Sky) who denies this has happened. Santander have accepted what the trader has said without asking for any supporting information. They say it is my responsibility to take this up with the trader.

Are they correct? Thanks.

Amended to clarify legislation: The indemnity scheme which is supposed to entitle a client to a refund of any debits to their account not complying with the rules - for example prior notification of amount increases.

Thank you so much for your prompt response and the DD link. The issue was raised with Sky on 24/8/2019. So far we have no response from them save a letter on 24/10 asking for personal detail confirmation. That's why we contacted Santander.

The issue relates to verbal cancellation of the Sky contract in May 2009 when the original box broke and the Sky installer told us we didn't need a subscription to watch free channels (BBC,ITV etc.) which is all we wanted. So we never paired the new box with our subscription, cancelling it instead.

We left the Direct Debit in force for the contract notice period but never spotted Sky were still taking money each month ( silly, I know!). Over the period 2009 to 2019 the subscription has risen for around £18 to £35 per month. We cancelled the Direct debit in August 2019 and wrote to Sky asking why they were still collecting payments.

Sky say, via Santander, that they never received a contract cancellation phone call ( which we can't prove ) but what should be provable is that we've never watched paid for programmes since May 2019 (impossible because the new Sky box id was never advised to Sky) nor have Sky ever advised us of subscription increases - had they done this we'd have looked more closely at our Bank Statements and stopped the DD immediately.

If anyone has any suggestions on how to take this forward, other than waiting for Sky to come back with some judgment, please post.

Thanks again for your help so far.

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    When mentioning legislation, you may want to tell us the jurisdiction.Otherwise it's hard to know what legislation you're talking about.
    – dwizum
    Nov 20, 2019 at 17:39

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The Guarantee covers Direct Debit payments. It cannot be used to address contractual disputes between you and the billing organisation.​

At this point of time it seems more like a contractual dispute between yourself and Sky and not exactly any payment irregularities in the Direct Debit payment.

And I find it weird that you are taking this up with the bank. You should belt it out to Sky and ask them why they have debited the wrong amount. Normally you could have asked them to refund if it was in error, but as Sky confirmed it isn't the case they have passed the buck onto yourself. I would just get it clarified from Sky and then go after Santander if something was amiss.

Have a look at the rules of direct debit here.

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