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Bank direct debits
4 Answers
Can anyone please advise me on banking law relating to Direct Debits.
I wrote to my Bank stating that I had no recall of signing a direct debit for �165 that appeared on my statement.
After waiting 7weeks for my bank to reply to my letter they now tell me that they do not have a signed authority from me to directly debit my account and furthermore they do not need one. They go on to say, that these days, it is all done electronically. Apparently I have the right to cancel a direct debit at any time but there is no claim on the Bank if they pay the other party even without a signed document from me.
Very grateful for any advice,
Trevor.
I wrote to my Bank stating that I had no recall of signing a direct debit for �165 that appeared on my statement.
After waiting 7weeks for my bank to reply to my letter they now tell me that they do not have a signed authority from me to directly debit my account and furthermore they do not need one. They go on to say, that these days, it is all done electronically. Apparently I have the right to cancel a direct debit at any time but there is no claim on the Bank if they pay the other party even without a signed document from me.
Very grateful for any advice,
Trevor.
Answers
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Have you seen this?
A. You will be sent written confirmation of your Direct Debit Instruction within three working days of the telephone call or online sign up, or alternatively no fewer than 10 working days before the first collection. Simply check the details and contact the organisation you're paying if you have a query. Regardless of what method of sign up you agree to, you are still fully covered by the Direct Debit Guarantee.
http://www.bacs.co.uk/Bacs/Templates/ContentPa ges/FAQS.aspx?NRMODE=Published&NRNODEGUID={316 4887C-9059-4E8B-9D5F-DAF60F3F61B0}&NRORIGINALU RL=%2fBACS%2fConsumers%2fDirect%2bDebit%2fFAQ% 2f&NRCACHEHINT=Guest
and
http://www.financial-ombudsman.org.uk/publicat ions/ombudsman-news/27/27-directdebit-guarante e.htm
A. You will be sent written confirmation of your Direct Debit Instruction within three working days of the telephone call or online sign up, or alternatively no fewer than 10 working days before the first collection. Simply check the details and contact the organisation you're paying if you have a query. Regardless of what method of sign up you agree to, you are still fully covered by the Direct Debit Guarantee.
http://www.bacs.co.uk/Bacs/Templates/ContentPa ges/FAQS.aspx?NRMODE=Published&NRNODEGUID={316 4887C-9059-4E8B-9D5F-DAF60F3F61B0}&NRORIGINALU RL=%2fBACS%2fConsumers%2fDirect%2bDebit%2fFAQ% 2f&NRCACHEHINT=Guest
and
http://www.financial-ombudsman.org.uk/publicat ions/ombudsman-news/27/27-directdebit-guarante e.htm
Trev,
The bank is correct. There is no longer a requirement for a signed mandate - it is all done electronically between companies and banks. Banks now accept a direct debt instruction at face value when a company set one up with them. However, the existence of the direct debit indemnity scheme entitles you to a full refund if a mistake is made. There can be no claims of negligence against the bank. If you are sure the direct debit is not yours, insist on your IMMEDIATE refund!!!!!
Dianne (ex-banker)
The bank is correct. There is no longer a requirement for a signed mandate - it is all done electronically between companies and banks. Banks now accept a direct debt instruction at face value when a company set one up with them. However, the existence of the direct debit indemnity scheme entitles you to a full refund if a mistake is made. There can be no claims of negligence against the bank. If you are sure the direct debit is not yours, insist on your IMMEDIATE refund!!!!!
Dianne (ex-banker)
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