Had money taken from your account without permission?

eskbanker

A standing order is what you set up to 'push' money out of your bank to a company; a direct debit is what a company would set up to 'pull' money from your bank to them.

So, this company can't have set up a standing order, it must have been a direct debit and therefore within the scope of the guarantee. Alternatively, if the bank are contending that it is a standing order then ask them for evidence of who set it up and when, etc....

Aquamania

joncombe wrote: »

Indeed, but it doesn't escape the fact the system *is* flawed. You might get the money back immediatly for the fradulant transaction, but what about other payments that wern't made and should have been because the fraudlant transaction reduced your balance to the point you didn't have enough funds? What about the damage to reputation and credit ratings? What if you are away from home and need the money to get home for a taxi or train (particularly if you notice it at the time the bank is closed).

It should be impossible for an organisation to re-instate a direct debit which has been cancelled unless they can prove the customer has approved it being re-instated. Yet the Direct Debit system allows this to happen with no checks. Which means cancelling a Direct Debit is largely pointless because the merchant can just re-instate it without the customers knowledge and take money anyway.

I think you'll probably find all banks have a 24/7 phone number you can contact them on to report any cases of fraud, theft, etc.

I dispute that the Direct Debit Scheme is flawed (just look at how successful it is), but neither can it be legislated for.

It therefore relies on that good old fashion thing known as trust.

The sponsors role (in part) is to ensure that Service Users do not destroy that trust on which the scheme is entirely reliant for it's continuing operation and success.

Of course mistakes are bound to occur from time to time, and for this reason the Payer is fully protected by the terms of the Direct Debit Guarantee.

sue.lewis

Thanks but it's a standing order, from my business account if that makes a difference, although I can't see why it should. The bank says a business can set up a standing order by post if they can prove they've had dealings with you before. I'm waiting to see what proof they need as I find it quite alarming so far

surreysaver

Fruit_and_Nut_Case wrote: »

Another misleading Thread Title:



You are actually referring to occasions where the user has given permission but is possibly unaware of this, perhaps because of not reading the T&Cs carefully.

But if you are not aware you have given your permission, the permission is not express, and does not therefore exist. Bit like how the NHS is treating patients' medical records at the moment.

Aquamania

sue.lewis wrote: »

Thanks but it's a standing order, from my business account if that makes a difference, although I can't see why it should. The bank says a business can set up a standing order by post if they can prove they've had dealings with you before. I'm waiting to see what proof they need as I find it quite alarming so far

The fact it's a business account makes no difference.

A standing order may be set up by post ... but only with the authority of the authorised signatory (or signatories as the case may be) on the account.

Complain to the bank and ask exactly on what authority they set up the disputed SO.

sue.lewis

I've complained to the bank yesterday and awaiting a response. I did not authorise a standing order to be set up on my account. I'll post when I get a response from them. Thank you.

sue.lewis

Aquamania wrote: »

The fact it's a business account makes no difference.

A standing order may be set up by post ... but only with the authority of the authorised signatory (or signatories as the case may be) on the account.

Complain to the bank and ask exactly on what authority they set up the disputed SO.

Oh, realised how to quote so you know what I'm replying to! Thanks for your patience. Have complained, will keep you posted to clarify but I'm quite alarmed they can get my cash using details from a cheque

Fruit_and_Nut_Case

sue.lewis wrote: »

Sue Lewis kick !!! life coach and new sole trader :cool:

͏Do͏e͏s͏n'͏t ͏t͏h͏e ͏f͏o͏r͏u͏m ͏l͏e͏t ͏u͏s ͏s͏a͏y αѕѕ ͏n͏o͏w?
Wh͏αt ͏h͏αv͏e ͏t͏h͏e͏y ͏g͏o͏t ͏αg͏αi͏n͏s͏t ͏b͏e͏αs͏t͏s ͏o͏f ͏b͏u͏r͏d͏e͏n?

sue.lewis

Fruit_and_Nut_Case wrote: »

͏Do͏e͏s͏n'͏t ͏t͏h͏e ͏f͏o͏r͏u͏m ͏l͏e͏t ͏u͏s ͏s͏a͏y αѕѕ ͏n͏o͏w?
Wh͏αt ͏h͏αv͏e ͏t͏h͏e͏y ͏g͏o͏t ͏αg͏αi͏n͏s͏t ͏b͏e͏αs͏t͏s ͏o͏f ͏b͏u͏r͏d͏e͏n?

Ha ha no, apparently not!

1stPPi

There are differences between standing orders and direct debits. Standing Orders can only be setup by the account holder, no one else. The account holder decides when it is paid and how much. If your bank has setup a standing order that did not come from you then it is fraud, as the firm who sent the request are impersonating you and the bank should not have accepted it, so the bank is liable. If they deny it contact the OFT as they have more weight than the FSA.
A direct debit is setup with the account holders consent by signing and agreeing to it. The firm/person the direct debit is to pay, has to ask your bank for payment, normally this is done electronically and automatically, and the amount you pay has to have previously been notified to you. This is even for utility companies that setup what they call a variable direct debit. If you get no joy from your bank, post their name. They might need reminding of their obligation.