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Can a creditor set a direct debit back up without my knowledge/consent?

I am financial difficulty at the moment and have spoken to CCCS and am in the process of setting up a DMP. On CCCS advice I cancelled all direct debits, wrote to each creditor and sent token payments for August. I have just checked my bank statement and one of the companies have set up a new direct debit and taken their payment. Can they do this if I have cancelled the direct debit? I thought I needed to sign the mandate?

This is not a position I want to be in but have no other way at the moment but am now worried. This payment was not large but has still wiped me out. I cannot speak to my bank about this as they are not aware of the situation at the moment (I need to get my name taken off a joint bank account first)./
Thanks in advance

Comments

  • davidjwest
    davidjwest Posts: 756 Forumite
    No they can't do that, check with your bank, sounds like they've made an error somewhere. Ask your bank to claim the payment back under the direct debit guarantee - are you sure it is definitely a direct debit?
    :A
  • Yes definitely a direct debit. I am worried about talking to the bank as don't want to discuss about why I have cancelled all direct debits!
  • Marisco
    Marisco Posts: 42,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi, this is why people advise to open another bank account! Tbh, if someone has cancelled a DD and creditors take the money after cancellation, it's not right that they can take it!! I'd see about getting another account ASAP in case they do the same thing again!
  • davidjwest
    davidjwest Posts: 756 Forumite
    If you use internet banking etc then contact your bank via their secure message facility, they can't ask you why you've cancelled the direct debits that way :)

    Just say you want to reclaim the direct debit as it's been taken without your agreement and they should return it, I've done this with my bank and it took 48 hours.
    :A
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Is the creditor who did this , related to the bank you do your banking with ?
  • No it is a different creditor. I have opened a new account and have my salary paid into it but i did not manage to cancel one of my direct debits on time so have money in there to cover that
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