No Direct Debit confirmation letter

Splick

Having got bank account details out of an elderly relative a company had set up a Direct Debit for over £400. This was only noticed after the money had been transferred. However there was no sign of any confirmation letter.

Said relative could not remember authorising a Direct Debit but it is entirely possible she had fogotten doing it. All of her mail is checked for bills, payments etc. so any letter would have noticed.

What is the situation with not receiving a confirmation letter? Is it up to the originator to prove that one was sent? Can this money be recovered through Direct Debit Guarantee?

Your help would be much appreciated.

StuC75

The main question really is, Does the relative owe £400? is it for an account they have, or is it an error by the bank.

madgagoo

Simple answer is yes the money can be claimed back through DD guarantee if your relative was:

-not informed of the amount or date that payments were to be taken
Or
- had not given authority for the money to be taken by direct debit

However that doesn't mean they don't owe the money to the company still, it depends on if they have provided a service.

To answer fully we need more info:

Who was the payment to?
What is the payment for?
Does your relative owe money to this company?

Might be able to offer more advice if you can answer these questions.

Splick

This was for "Sky equipment insurance" which is nothing to do with Sky themselves. This seems to be a common scam these days, especially aimed at the elderly.

Had a confirmation letter been received or any correspondence mentioning this "insurance", then we would have taken some action then (though I don't know what to be honest). Instead the first thing we knew about it was when the money was taken from the account.

How do you prove that you never received a confirmation letter or any other correspondence? Surely this is a case of our word against theirs?

madgagoo

It doesn't have to have been a confirmation letter.

If it was a phone call and they said that they would take £400 on 'x' day and your relative agreed, then unfortunately the DD guarantee isn't going to help you.

I assume you have contacted the company, asked for a refund and they have said no?

If this is the case I would suggest citizens advice or trading standards are your next port of call.

Teatwosugars

Check with the bank the DD was taken out of. They should have some information and what kind of authortiy was given.

Agricolae

The bank would not have that kind of information. The bank assumes the authority was there in some form so long as the D/D originator is "official".