Untested Legal Arguement (Hardship & Credit Reference Agency files)

BenS1

The case here was that the direct debit was setup by my university for fees. However, a few months after being at uni I got frustrated about the service I was getting by my old bank, and so went to HSBC to get a bank account.

When it came to my university fees, I paid them in two installments of around £677 IIRC. Whilst I paid the first installment of the fees using my old bank, I paid the fees using my HSBC onwards. I don't understand why the direct debit was made when I did not even agree to it. I paid the first installment of the fees at the desk using my debit card, so I don't see how the direct debit got setup!

hicskis

I would ask - ever so nicely of course - for evidence from the bank that you had authorized your University to set up a Direct Debit on your behalf.

There are safeguards in place so they must have records.

No record no authority.

noh

hicskis wrote: »

I would ask - ever so nicely of course - for evidence from the bank that you had authorized your University to set up a Direct Debit on your behalf.

There are safeguards in place so they must have records.

No record no authority.

No.
The bank don't have that evidence. They only have the instrucions from the originator setting up the DD.
It is the originator that holds the original instruction, in this case the University.
It is them that has to be asked to provide evidence that the DD was set up with authorisation from the payee.

From:- http://www.bacs.co.uk/Bacs/Businesses/DirectDebit/Services/Pages/AUDDIS.aspx

"AUDDIS automates the transfer of Direct Debit Instructions from collecting organisations to the paying banks and building societies via the Bacs service. With AUDDIS, the organisation keeps the original signed Instruction and electronically sends the details to the customers' bank to validate and, if accepted, set up the Instruction on its database."

If there is no evidence that the original instructions were set up by BenS1 then it is the University that should refund the fee.

hicskis

But this is exactly why there are safeguards in place noh.

"With AUDDIS, the organisation keeps the original signed Instruction and electronically sends the details to the customers' bank to validate and, if accepted, set up the Instruction on its database."

That's evidence.

No.
The bank don't have that evidence. They only have the instrucions from the originator setting up the DD.

But this is exactly why there are SafeGuards in place. I can't phone up your bank noh and ask them to start paying me money regularly - without your authority in the first place.

If your bank starts giving me your money without your authority who is liable - me or your bank for screwing up.

It it were that easy we'd all be having our money transferred out of our accounts to Panama and the likes!