Direct debit of my ex

jonesMUFCforever

Your bank has allowed the direct debit on your account because you authorised it.
Sorry but all this nonsense about you not realising how much of his purchases have been debited to your account does not wash.

When you split it would have been up to the pair of you to decide which direct debit would come out of which account - this is not of the bank's doing and NO you will not get anything back from the bank for this.

Either talk to the ex or take the hit or sue the ex.

themull1

get an indemnity done through your bank, the bank will refund you, and they will go after ex for money. But only if its your ex's name only on the Direct Debit. Is it?

Archi_Bald

Names on Direct Debits mean nothing and neither the bank nor the payee will check them. It is also not unusual that the payment comes from an account that is in a different name to the one on the bill.

DDs are being established based on sort code and account number. The account holder can use the Direct Debit Guarantee if an unauthorised payment has been made.

http://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

"Not noticing small payments of between £9 and £25" over a period of months is a rather weak excuse though for letting the matter drag on for months. It sounds more like not really being in control of your finances.

jonesMUFCforever

themull1 wrote: »

get an indemnity done through your bank, the bank will refund you, and they will go after ex for money. But only if its your ex's name only on the Direct Debit. Is it?

No they won't.
The originator will be debited back and if they find the payments were due will debit the bank back.

alanq

Check your banking terms and conditions. You will almost certainly find a clause that requires you to check your statements (paper or online) regularly and to notify the bank immediately any discrepancies are found.

If the recent debits were the first that had occurred you may have had a good chance of disputing the transactions. As there have been erroneous transactions for almost a year I don't think much of your chances of getting the bank to bear the loss even IF there was any error on its part.

themull1

jonesMUFCforever wrote: »

No they won't.
The originator will be debited back and if they find the payments were due will debit the bank back.

Sorry, I don't know why I put ex.! The bank has to refund the payments if you tell them they were made in error, they have tom do it as part of the direct debit guarantee.

System

themull1 wrote: »

Sorry, I don't know why I put ex.! The bank has to refund the payments if you tell them they were made in error, they have tom do it as part of the direct debit guarantee.

But they haven't been made in error. They were valid transactions on the Paypal account it is linked to. The error is that you decided that that DD was yours.

Archi_Bald

themull1 wrote: »

Sorry, I don't know why I put ex.! The bank has to refund the payments if you tell them they were made in error, they have tom do it as part of the direct debit guarantee.

As jonesMUFCforever said, if the payments were due, the payee has every right to bill the bank again. It's very borderline in this case whether Paypal will respond positively - they might do if they get the money from the ex. But if they don't, the OP has only two options left - swallow the payments, or get the money from her ex somehow.

After all, she had the Direct Debit authority on her bank account for months. It is not the banks's or Paypal's fault that she didn't check her bank account and statements for months.

TBagpuss

You mention that you are divorced, have you got a financial settlement / order? If not, you may be able to address this issue as part of your over all settlement.

You can also raise it under the Direct Debit Guarantee, but as others have said, if this was an error between you and your ex then the bank is unlikely to be liable.

Archi_Bald

nottymoni, you mention that both you and your ex had/have your own Paypal accounts, and that DDs were transferred from a joint current account to your respective sole current accounts when you split up.

We also know from you that the DD for your ex's Paypal ended up on your current account. But we don't know what happened with the DD for your Paypal account. Is that also on your current account, or has it ended up on your ex's current account? I.e. were the DDs swapped by mistake? Were there any transactions on your Paypal account since the split, and who paid for them?