Ex partner stole money via old DD on Credit card

SuperHan

You need to make a claim under the DD guarantee...
Your bank needs to refund you immediately for any DD that have been taken without your permission as such.

As said above, the CC company won't like it at all, but if the card isn't in your name, the debt isn't affiliated with you anyway, so they should go back to your ex to claim the money from him some way or another.


Banks don't like to refund under the DD Guarantee... You might have to ask for a manager, or threaten with a complaint to the ombudsman before they move.

Tixy

As the bank and credit card company are the same bank it is not surprising the bank have not highlighted to you that you could use the DD guarantee to get this money refunded to your bank account. However you should instruct your bank to do this.

If you have any problem with getting them to agree to this then I would write a formal complaint to your bank.

The bank will then need to chase the debtor, your ex, for the credit card debt.

If you haven't already financially disassociated yourself from your ex on your credit files then I would do so now - as if he is unable to repay this debt to the bank satisfaction then his credit file is likely to be affected.

opinions4u

I'd get banned if I hinted at a trolling expedition.

So I recommend the OP uses the Direct Debit Guarantee to resolve this.

Simples.

Bob-1979

Hello, many thanks for the advice. I appreciate this and wasn't aware of the DD guarantee. I will definitely research this and write to the bank ASAP. It certainly seems illegal the way I have been treated.

To answer some questions...My ex's credit card and my bank account are both with First Direct.

The card is solely in his name.
We are no longer financially tied together.
The bank did not explain the DD guarantee to me.
This isn't a trolling post or a con that's backfired. I happen to earn good money and didn't miss a few hundred pounds each month. Also the DD on my statement says "first direct Visa" for both my card AND his. They come out about two weeks apart, so every time I glanced at my account summary I only saw one debit relating to a credit card. Plus i cancelled it and the paper statements no longer came to me.... so i wasn't really expecting money to be siphoned from my account. The amounts escalated in the final 2months (about 5k between nov and Dec) which caused me to be overdrawn, get fined and investigate.

I'm too embarrassed to discuss this with my family... And so thought I would ask for help here.

Anyway, I have certainly learnt something and have a new course of action.

Many thanks, Rob

Bob-1979

I've just sent a "secure message" to the bank via online banking with the wording from the template letter from directdebit.co.uk requesting refund under the DD guarantee. I hope this works!

Bob-1979

The response from First Direct is:
Under the Direct Debit Guarantee scheme, if an error has been made by either the company collecting the Direct Debit or the bank, then you're entitled to a full refund.

However, until I can ascertain whether first direct have made an error in this particular case, no refund will be made. I confirm the Direct Debit has been cancelled and no future payments will be taken.

I'm certain that they will come back saying that no error was made by them. Actually, they already HAVE said this... but they are reviewing the case.

I know for sure that I did cancel the DD (on-line) but it looks like they deleted my cancellation request on their records and can no longer find it.

Does any one know how I stand on this? Or is their any further advice please.

Many thanks
Rob

meer53

Make an official complaint about the direct debit being reinstated without your knowledge. If you're not happy with their response you can then go to the FOS.

Just another thought, could your ex have access to your internet banking ?

jaymeskenin

Two more words. Action Fraud.

jamesd

You may find it of use to refer them to Ombudsman News case 27/4: "The bank looked into this and found that a fraudster had somehow obtained Mr M's bank details and set up direct debits ... The bank readily accepted that, in accordance with the direct debit guarantee, it should refund the direct debits incorrectly paid".

It is not necessary for First Direct to have made an error. It is sufficient for you not to have authorised the charges.

Bob-1979 wrote: »

The bank say the DD was "amended" in Feb but can't tell me what happened due to the Data Protection laws. So obviously my ex did something to a DD on my account. Had I myself amended a DD, they would be able to divulge the info. As someone else changed it, they will not give me any info on the amendment.

Don't be misled by this. The DD is not changed at the bank account. It's changed at the place that makes the charges, in this case the credit card account. Any person can give your bank account details to their credit card provider and those charges will initially be taken from your account until you notice and ask them to be reversed. And naturally a former partner will have had ample opportunity to note your bank account details, which can be obtained from any of your cheques or statements.

So the sequence may have been something like this:

1. You cancelled.
2. Credit card issuer receives notice of cancellation automatically.
3. Credit card cardholder gets asked for new details or sees that the card will not be paid by direct debit now and sets up the direct debit again at the credit card site.
4. The unauthorised payment then gets taken from your account until you notice and ask for it to be blocked and a refund.

Nothing there requires any error on the part of First Direct, either as current account operator or card issuer. And they are still required to promptly return the money to you.

However, even if you hadn't cancelled, you hadn't authorised the charges or been told of the varying amounts in advance as required by the Direct debit Guarantee. A person doesn't get to continue charging you for their credit card spending after you break up just because they choose not to change to using their own money. See Ombudsman News issue 91's cases, notably 91/4.

You should, however, give the bank a week or two to investigate, since they will naturally want to see what their records say. It's not how the guarantee is supposed to be operated - they should refund first - but it's understandable.

Bob-1979

I'm so very grateful.... Many thanks for your time and advice.

I will wait until the bank responds and then proceed armed with this information. Most likely it will need to be referred to the ombudsman, but at least it seems like I should get my money back. I've been frustrated and pre-occupied with this since before Xmas, so I'll be glad when its over.

Thanks, Rob