Ex partner stole money via old DD on Credit card

INT1

But your recourse against that person will be through the civil courts not the criminal courts.

jamesd

The crime is against the bank, not one consumer on another. The low value may cause the bank not to pursue the criminal route but giving direct debit details without authorisation to use them is a crime.

matty747

I have cancelled direct debits to credit credit card companies in the past then set them back up, The old Direct debit with all the all the information reappears, it has details of old previous payments. They obviously can be cancelled and reactivated but upon first glance it appears that they were never cancelled.

pvt

matty747 wrote: »

I have cancelled direct debits to credit credit card companies in the past then set them back up, The old Direct debit with all the all the information reappears, it has details of old previous payments. They obviously can be cancelled and reactivated but upon first glance it appears that they were never cancelled.

Yes - it's not unheard of for an unscrupulous recipient to just re-initiate the DD after it is cancelled. There have been numerous examples on this forum of this happening with PDL companies, though it is unlikely a reputable CC company would do such a thing.

pvt

This all seems to revolve around whether the DD was cancelled and reinstated, or never cancelled at all.

The OP suggests they have seen evidence on a screen that the current DD was initiated in Feb, so lends credence to the theory that she did correct cancel it, and it was then resurrected without her authority.

I'm not an expert here, but I believe all DD setup/amendment/cancellation requests between organisations are conducted via a common system called AUDDIS:

http://www.bacs.co.uk/Bacs/Businesses/DirectDebit/Services/Pages/AUDDIS.aspx

I wonder if the OP could request to see any AUDDIS actions associated with her account - this might show the cancellation and reinstatement of the DD.

It would then be for the bank to prove the reinstatement was done with her authority.

Bob-1979

Thanks for the messages.... I've initiated the FOS complaint.

To answer some questions above:
Regarding the DD cancellation - it IS just my word against theirs. Frustratingly I agree with the comment that the balance of favour is against me, because their computers work. However, the advisor did say that cancelling a DD on-line just sends a request to the bank for someone to then cancel it manually. They have no record of such a request.

I cannot get a screen shot showing the DD being created in Feb. An advisor cancelled this DD whilst I was on the phone and I can no longer see any history.
First Direct in their letter say "if any amendment is made to one of our credit cards which has an associated DD in place, the DD will automatically update at the same time"
So if a DD is amended it is refreshed on the system and may show as being "created" on the amendment date. I wrote to my ex saying the DD is cancelled and please make your own payment arrangments. He would have had to contact the bank and make changes: the statement address (as they stopped arriving at my house) and request a new card (as I asked him to give his card to me, around 8 months earlier)

It certainly does feel like a criminal situation. Whilst the DD was indeed transfered over from our old joint account, he did not have my permission to take money from my sole account. It's like giving someone a spare set of your house keys and them stealing property whilst you are away. Possesion of a spare house key or a DD in place does not give inherent authority to steal.

I have also checked the DD dates. They do vary from month to month (both mine and his) by a day or so each month. There is no significant change around Feb or March time (apart from the spending dramatically increasing)

There really is no other info to advise.... I've divulged everything here.

I'll also make the "subject access request". I don't really understand this, but I'll do it to be thorough.

Many thanks for your input and I'll let you know what happens. I really can't believe that my ex can leagally steal £11k from me though!

Regards, Rob

jamesd

Good luck and please do let us know how it turns out!