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Direct debit of my ex
Comments
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This is what the DD guarantee is for. You didn't authorise the setting up of this DD mandate on your account, and even if you had, you didn't authorise PayPal to charge any transactions to it. The bank has to refund your money immediately and then chase it.
It was PayPal who switched the DD. The bank may have asked them to, but it's still ultimately their responsibility to ensure that the account they're charging belongs to the person making the transactions.
Usually they do a check, e.g. they send 1p to the account with a code, which appears on your statement, and then you have to log in to PayPal and enter the code.
As things stand, PayPal has defrauded the bank by falsely purporting that they had your authority for these debits. This is not your problem."It will take, five, 10, 15 years to get back to where we need to be. But it's no longer the individual banks that are in the wrong, it's the banking industry as a whole." - Steven Cooper, head of personal and business banking at Barclays, talking to Martin Lewis0 -
"I am considering getting legal help, if this will go to small claims court"
you can't go to court without trying to settle the matter with your ex out of court... and the sums you are talking about will not warrant paying a lawyer to help you...
It's not clear to me that the bank has done anything wrong, in which case you may have to write this off to experience.0 -
More points:
1 - Under the DD guarantee, each transaction is separate. If you didn't authorise any particular transaction, it makes no difference whether you may have authorised any other debits by the same payee.
And it makes no difference whether the bank is at fault in any way. Usually it isn't, but it has to cough up anyway.
2 - Strictly, since you didn't authorise the DD mandate, you aren't covered by the DD guarantee. But by convention you get at least the same protection.
3 - You aren't party to the T&Cs on your ex's PayPal account, so nothing they try to quote out of their small print is relevant.
The fact that you've also got your own PayPal account is neither here nor there."It will take, five, 10, 15 years to get back to where we need to be. But it's no longer the individual banks that are in the wrong, it's the banking industry as a whole." - Steven Cooper, head of personal and business banking at Barclays, talking to Martin Lewis0 -
Under instruction from the OP and their ex which means that it was all authorised correctly.It was PayPal who switched the DD. The bank may have asked them to,
The bottom line is that the OP has screwed up. Not the bank and not Paypal.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
It is not the bank that ''coughs'' up -all it does it debits back the account it came from in this case Paypal.More points:
1 - Under the DD guarantee, each transaction is separate. If you didn't authorise any particular transaction, it makes no difference whether you may have authorised any other debits by the same payee.
And it makes no difference whether the bank is at fault in any way. Usually it isn't, but it has to cough up anyway.
2 - Strictly, since you didn't authorise the DD mandate, you aren't covered by the DD guarantee. But by convention you get at least the same protection.
3 - You aren't party to the T&Cs on your ex's PayPal account, so nothing they try to quote out of their small print is relevant.
The fact that you've also got your own PayPal account is neither here nor there.
Paypal will then investigate and if it finds the original debits were genuine will pass them back to the bank (and ultimately) their customer.0 -
She said "One of them was direct debit for paypal, I can't remember now if I said it was mine" - therefore it is quite possible that she did actually authorise the DD. The fact is that she had the DD on her account for the best part of 12 months, and that she did not contest various payments that were made throughout the year.This is what the DD guarantee is for. You didn't authorise the setting up of this DD mandate on your account
Neither the bank nor the payee has to ensure anything of the sort. It is perfectly valid that the bill is paid by somebody other than the account holder. If we are talking responsibilities, it is the account holder's responsibility to ensure there are no incorrect DDs on their account.The bank may have asked them to, but it's still ultimately their responsibility to ensure that the account they're charging belongs to the person making the transactions.
That is absolute rubbish. Paypal has not defrauded anyone. They linked the account that they were asked to link to. Given what we know of the case, it is completely inappropriate to talk about fraud.As things stand, PayPal has defrauded the bank by falsely purporting that they had your authority for these debits.0 -
Yes, I won't talk to my ex. He's abusive , at one point police had to get involved. Yes I am also aware that maybe he didn't realize his paypal purchases are funded from my account but as long as they were small payments (most of them at £9, max £25) then it's easy to miss in account statement.
You would notice even the smallest charge if you keep a record of all your transactions and do a reconciliation with your bank account every month. I still use a version of Quicken 2000 to keep track of mine and do this without fail every month. It has saved me from embarrassment a couple of times
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