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How To Deal With Fraudulent Direct Debits
Fraudulent Direct Debits
What you need to know:-
Basically there are quite a few rules and regulations surrounding Direct Debits and upon finding a fraudulent one set up on your account by any company you would think that it is quite straight forward to resolve.
Direct Debits set up without your knowledge nor agreement whilst being fraud are a mine field to resolve costing you both time and money to sort out the issue you did not create.
Two points you need to look at.
One, if the Direct Debit was actually taken from your account then it is a case of getting a Direct Debit immdemity Form from your bank and they in turn reimburse your loss and recoup from the Company in question.
Two, If the Direct Debit failed but then subsequently cost you a bank charge you then need to go back to your bank and ask for a Sub sequential Loss Form under section 9.7 of the Paying Banks Guide and Rules to the Direct Debit Scheme , now most banks will fail to acknowledge that this form is held but under BACS rules and Regulations they must give this form upon request, you can claim back all Sub sequential losses from phone calls and late charges and so on, the Bank then will pursue the Company and once collected will reimburse you back all monies lost.
The onus of fraudulent Direct Debits is still very complicated and the actual rule book called the Service Users Guide and Rules to the Direct debit Scheme, version 3.3 produced December 2010 is some 141 pages long, all companies that want to join this Scheme can only do so once they agree to the full rules as outlined in the Guide and have completed an application form that states they agree to all the terms and conditions of the Scheme, they are also sponsored by a Bank that must check to see if the actual Company are complying with these guidelines.
If you find a Fraudulent Direct debit on your account then you well within your rights to complain to BACS direct and the more complaints they get on a particular Company it will be simply a case of looking to withdraw their facilities that enable them to use the Scheme thus protecting other individuals.
Also you would probably go to the likes of Trading Standards, FOS, FSA and the ICO, to be quite frank they are all a waste of time and effort as your time would be better placed contacting your Bank and BACS, if they in turn fail then you need to raise a Small Court Claim to recover any losses from the said Company.
Anyone in a similar position and seeking help on the above mentioned can pm me and I will endeavour to reply.
What you need to know:-
Basically there are quite a few rules and regulations surrounding Direct Debits and upon finding a fraudulent one set up on your account by any company you would think that it is quite straight forward to resolve.
Direct Debits set up without your knowledge nor agreement whilst being fraud are a mine field to resolve costing you both time and money to sort out the issue you did not create.
Two points you need to look at.
One, if the Direct Debit was actually taken from your account then it is a case of getting a Direct Debit immdemity Form from your bank and they in turn reimburse your loss and recoup from the Company in question.
Two, If the Direct Debit failed but then subsequently cost you a bank charge you then need to go back to your bank and ask for a Sub sequential Loss Form under section 9.7 of the Paying Banks Guide and Rules to the Direct Debit Scheme , now most banks will fail to acknowledge that this form is held but under BACS rules and Regulations they must give this form upon request, you can claim back all Sub sequential losses from phone calls and late charges and so on, the Bank then will pursue the Company and once collected will reimburse you back all monies lost.
The onus of fraudulent Direct Debits is still very complicated and the actual rule book called the Service Users Guide and Rules to the Direct debit Scheme, version 3.3 produced December 2010 is some 141 pages long, all companies that want to join this Scheme can only do so once they agree to the full rules as outlined in the Guide and have completed an application form that states they agree to all the terms and conditions of the Scheme, they are also sponsored by a Bank that must check to see if the actual Company are complying with these guidelines.
If you find a Fraudulent Direct debit on your account then you well within your rights to complain to BACS direct and the more complaints they get on a particular Company it will be simply a case of looking to withdraw their facilities that enable them to use the Scheme thus protecting other individuals.
Also you would probably go to the likes of Trading Standards, FOS, FSA and the ICO, to be quite frank they are all a waste of time and effort as your time would be better placed contacting your Bank and BACS, if they in turn fail then you need to raise a Small Court Claim to recover any losses from the said Company.
Anyone in a similar position and seeking help on the above mentioned can pm me and I will endeavour to reply.
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Comments
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Fraudulent Direct Debits
What you need to know:-
Basically there are quite a few rules and regulations surrounding Direct Debits and upon finding a fraudulent one set up on your account by any company you would think that it is quite straight forward to resolve.
Direct Debits set up without your knowledge nor agreement whilst being fraud are a mine field to resolve costing you both time and money to sort out the issue you did not create.
Two points you need to look at.
One, if the Direct Debit was actually taken from your account then it is a case of getting a Direct Debit immdemity Form from your bank and they in turn reimburse your loss and recoup from the Company in question.
Wrong. Most financial firms now do this electronically, so all one needs to do is call the Bank and it will then be resolved.
[QUOTE=crazyguy;41654018If you find a Fraudulent Direct debit on your account then you well within your rights to complain to BACS direct and the more complaints they get on a particular Company it will be simply a case of looking to withdraw their facilities that enable them to use the Scheme thus protecting other individuals.[/QUOTE]
Very rare in my experience for a Direct Debit Originator to be struck off. This is because in many cases the Originator has been subject to fraud and lost out rather than the consumer or bank. So long as they have fraud prevention measures, there will always be people who can get around them.
[QUOTE=crazyguy;41654018Also you would probably go to the likes of Trading Standards, FOS, FSA and the ICO, to be quite frank they are all a waste of time and effort as your time would be better placed contacting your Bank and BACS, if they in turn fail then you need to raise a Small Court Claim to recover any losses from the said Company.[/QUOTE]
Trading Standards - never heard of them mentioned in relation to a DD problem before on this site - I agree they would be useless.
FSA - don't deal with consumer complaints, as under FSMA 2000 the Financial Ombudsman is charged with this responsibility.
ICO - will only deal with breaches of and the maintenance of data protection legislaton. Nothing more, nothing less.
FOS - FOS can only get involved once a complaints procedure is exhausted or the complaint as lasted longer than 8 weeks. After that consumers have the right to refer the case to FOS, which is more advantageous than court, on the basis that it is free, independent and is consumer focused.
Oh and this is on the loans board, not banking.Best Regards
zppp
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Your last pretty much identical post was removed - presumably this one will be as well......A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0
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I wont argue with you ZPPP, but I beg to differ on your comments relating to my post as I have now seen 3 seperate legal cases all relating to Direct Debit Fraud, and the points I have made have all been validated by both BACS and Direct Debit themselves and I have the actual User Guide which lists all of my above comments.
The User Guide will not be wrong im afraid.0 -
I wont argue with you ZPPP, but I beg to differ on your comments relating to my post as I have now seen 3 seperate legal cases all relating to Direct Debit Fraud, and the points I have made have all been validated by both BACS and Direct Debit themselves and I have the actual User Guide which lists all of my above comments.
The User Guide will not be wrong im afraid.
What the user guide says the ICO, FOS and the FSA are useless? Pull the other.Best Regards
zppp 0 -
I think it was removed due to the fact I listed an email address !
Might have been. Or it might be that you might look to some to have an ulterior reason to your post.
Its fairly unusual for someone to sign up and then just post something like the first post of yours.
I'm not saying you do have other reasons but that might be the appearance to some.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
Might have been. Or it might be that you might look to some to have an ulterior reason to your post.
Its fairly unusual for someone to sign up and then just post something like the first post of yours.
I'm not saying you do have other reasons but that might be the appearance to some.
I have read quite a few cases on this forum and decided that it was time to post the details I know.
If the moderators have pulled my previous post because of thoughts of ulterior motives then that is just totaly wrong.
I would like to hope it was pulled just because of my email address.0
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