unauthorised direct debit?

grumbler

thenudeone wrote: »

It's ludicrously easy to set up a direct debit on an account.

Absolutely.

As long as the account number and sort code is valid, there is no other check (for example checking the name), meaning anyone you've ever paid by cheque or has ever seen your debit card has all the information they need to set up a DD on your account.

I don't see how checking the name can change anything as it's printed on the cheque as well.

badger09

grumbler wrote: »

Absolutely.
I don't see how checking the name can change anything as it's printed on the cheque as well.

But might prevent a keying error?

Aquamania

Hanky_Panky wrote: »

Just because the OP doesn't recognise Aktiv doesn't mean it is not a legitimate claim.

OP have you got unpaid debts outstanding to another lender ?

yah_believe wrote: »

Ive just been online to check my bank account and there has been a direct debit taken out for 142 pounds by a company called aktiv kapital uk. I know i havent set up this direct debit and dont know how theyve obtained my details in the first place or even what the dd is for. So im after some advice really, on how i can find out what its for and who they are acting on behalf of, if theres a way of doing so and also wether i should cancel the dd. Im angry that this has happened without my knowledge and really need help sorting it thankyou

It is not a case of the OP not recognising the transaction
They have stated they know they have not authorised the DD mandate.

On this basis a legitimate claim can be made direct to the bank under the terms of the Direct Debit Guarantee

Hanky_Panky

grumbler wrote: »

A debt can be sold to another company.
A DD can't be transferred and can't be legitimate unless explicitly authorised by the customer.

Which it will be as part of the t's & c's when they sign up - case closed.

Hanky_Panky

Aquamania wrote: »

It is not a case of the OP not recognising the transaction
They have stated they know they have not authorised the DD mandate.

On this basis a legitimate claim can be made direct to the bank under the terms of the Direct Debit Guarantee

See above

grumbler

Hanky_Panky wrote: »

Which it will be as part of the t's & c's when they sign up - case closed.

A DD can't be set up without an explicit authorisation of the account holder. Full stop.

In the past it was a signed paper mandate that no T&C could substitute whatever they said. Now it's a paperless operation, but the essence remains the same.

Hanky_Panky

grumbler wrote: »

A DD can't be set up without an explicit authorisation of the account holder. Full stop.

In the past it was a signed paper mandate that no T&C could substitute whatever they said. Now it's a paperless operation, but the essence remains the same.

You've not really thought this through have you (seeing as you're into winking at me).

We don't know yet but there is a distinct possibility that Aktiv have purchased the debt AND ALL THE RIGHTS THAT GO WITH IT (this bits in bold and caps so you don't miss it (there's that winky thing again)) including the right to collect the dd.

jamesd

Here is what BACS says about that all rights thought:

"A Direct Debit payment has been taken and I don't recognise the organisation

A Direct Debit Instruction should be set up as outlined in Making payments. When the arrangements are in place you should receive advance notice confirming when the payments will be taken and how much they will be. The advance notice will also advise the name of the organisation that will appear on your bank statement – it is advisable to check this to confirm the details are correct.

If a Direct Debit payment is taken and you don’t recognise the name of the organisation then follow these guidelines.

Contact your bank and ask to see a copy of the Direct Debit Instruction, which your bank should have access to within 7 working days. Whilst the copy is being obtained you are entitled to an immediate refund of the amount debited from your bank under the Direct Debit Guarantee.

Should you confirm that the Direct Debit Instruction is bona fide your bank will re-debit your account.
If the Direct Debit Instruction cannot be provided or, following production you still do not recognise the organisation, your bank will cancel the Direct Debit Instruction and reclaim the refunded amount from the organisation."

Ignoring all of that, they failed to provide the mandatory notification of a change and are not authorised to take the payments until they provide it.

Of course all of this is speculation. We have no idea if it really was a sold debt.

Not that any of this changes yah_believe's position: they saw an unauthorised direct debit being taken from their account and are entitled to use the Direct Debit Guarantee.

grumbler

Hanky_Panky wrote: »

We don't know yet but there is a distinct possibility that Aktiv have purchased the debt AND ALL THE RIGHTS THAT GO WITH IT (this bits in bold and caps so you don't miss it (there's that winky thing again)) including the right to collect the dd.

Not all rights can be bought/sold. The right to take money by a DD is one of such rights. As simple as that.

bazzyb

Hanky_Panky wrote: »

We don't know yet but there is a distinct possibility that Aktiv have purchased the debt AND ALL THE RIGHTS THAT GO WITH IT (this bits in bold and caps so you don't miss it (there's that winky thing again)) including the right to collect the dd.

Rubbish. A direct debit cannot be set up without your explicit permission.