unauthorised direct debit?

eskbanker

bazzyb wrote: »

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

Well it can, but under the DD guarantee the account holder can insist on it being reversed, i.e. it can't be prevented but it can be cured, as it were....

Hanky_Panky

grumbler wrote: »

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

And exactly how many of the debt sale contracts have you read ?

jamesd

What the contract between debt seller and buyer says is irrelevant to the current situation, except that if the consumer originally agreed, it can involve transferring the bank details that can be used to set up a new direct debit.

The direct debit rules have to be followed and that includes that mandatory prior notice to the consumer. The contract between debt seller and debt buyer can't eliminate the DD requirements and guarantee nor their PSR rights.

grumbler

Hanky_Panky wrote: »

And exactly how many of the debt sale contracts have you read ?

None.
I just know that that the right to collect money by a DD cannot be passed to another party without explicit authorisation of the customer and no 'debt sale contract' can change this whatever it says.

brewerdave

:rotfl:...What I find most fascinating about this thread is that you are all arguing about the technicalities.....but the OP has not been back since they set up an account and posted...on the 26th August

Aquamania

brewerdave wrote: »

:rotfl:...What I find most fascinating about this thread is that you are all arguing about the technicalities.....but the OP has not been back since they set up an account and posted...on the 26th August

What I find fascinating is you are fascinated by this sequence of events; similar happenings occur all the time nowadays on this site.

Still, summer holidays are over (or will be very, very soon).

Hanky_Panky

grumbler wrote: »

None.
I just know that that the right to collect money by a DD cannot be passed to another party without explicit authorisation of the customer and no 'debt sale contract' can change this whatever it says.

You seem to be particularly obtuse on this matter.

As I have stated we don't know what the background circumstances to the OP are. What I have stated is that it may well be a legitimate claim - we don't know. You seem hell bent on trying to claim it can't be a legitimate claim as the DD can't be passed on. The reality is it can be passed on as it may well form part of the original agreement when the loan/debt was taken out.

bazzyb

Hanky_Panky wrote: »

The reality is it can be passed on as it may well form part of the original agreement when the loan/debt was taken out.

No it can't. Even if the agreement says anyone buying the debt can set up a direct debit without the account holder's permission, they still can't.

masonic

Hanky_Panky wrote: »

You seem hell bent on trying to claim it can't be a legitimate claim as the DD can't be passed on.

Nobody is claiming that. The debt can be passed on. Authorisation to collect payments by direct debit cannot.

Archi_Bald

masonic wrote: »

Authorisation to collect payments by direct debit cannot.

I think you will find it can. There can either be appropriate T&Cs in the original agreement, or you can receive a Notice Of Variation (NOV) that will come into effect unless you disagree and change your method of payment, or cancel your service / account.

As it happens, I had such a NOV today. My existing DD authorisation for my Santander CC is for "Santander Cards Ltd", a distinct legal entity. This will transfer in its entirety to "Santander UK Ltd", another distinct legal entity, unless I cancel my card.

A similar example is the transfer of some cards from Santander to Newday, for which there has been a thread on here for some time.