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DVLA Direct Debit fraud
Comments
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Surely Nwide should be able to block any new direct debit mandates being set up? There should be no need to go the lengths of changing the account number. Just block new DDs until checked with you as his attorney. If they don't have such a system they should.
As for why an 86 year old would be buying so many cars, that's not what's this would be suggesting to Nwide. Paying for road tax isn't necessarily being done by the car's registered keeper/owner. The question is not why he would buy so many cars but why he would be paying the road tax for so many other people's cars.
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Come on folks, the account details are obviously compromised and nothing other than closing it will prevent further attempts to set up DDs.
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I had issues with another bank and a organisation persistently setting up direct debits and trying to claim on them (former utilities provider). The situation got fixed when the bank put on a block to prevent the organisation setting up further direct debits on the account.
I would expect Nationwide branch staff to be unable to do this or unaware that it might be possible.
I would strongly recommend making a complaint. If there have been multiple DD's setup and taken, it's prima facie evidence of fraud. Adding in the age/situation of the account holder this should have triggered further action. Once escalated to the complaints team, they should have enough knowledge (and incentive) to prevent further DD setup by blocking the originator from setting up further direct debits (thus triggering DVLA's own systems into preventing fraudulent purchases from the get go). A suitable resolution might also include Nationwide arranging for either a CIFAS "Victim of impersonation" marker, or coughing up for CIFAS protective registration (normally £30 for 2 years).
The complaint should clearly state what Nationwide have failed to do:
- Ignoring the existence of the LPA when dealing with the initial issue
- Failure to recognise a pattern of fraud.
Note no complaint about the direct debits - unless they failed to apply the direct debit guarantee promptly, there's "nothing to see there".
I would suggest the following to resolve the problem (assuming no loss to your father)
- Put a block on the account to prevent direct debit setup from DVLA
- Either arrange for CIFAS "Victim of impersonation" marker, or coughing up for CIFAS protective registration (normally £30 for 2 years).
- Compensation for yourself (as attorney) for the wasted time/effort/inconvenience suffered.
Note that the compensation should be payable to you as LPA, as it is you that has "taken the hit", assuming that all the fraudulent direct debit payments have been refunded in a timely manner.
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I don't think these DDs have anything to do with 'impersonation' in general and with CIFAS "Victim of impersonation" in particular. And I don't think this marker can prevent setting any new DDs as it's hard to believe that banks check CIFAS when setting a DD.
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Account details aren't a secret (unlike, say, card details) and cannot be 'compromised'.
There is a very unambiguous DD Guarantee in place and IMO the only problem here is incompetence of Nationwide staff that deserve a formal complaint.
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Put a complaint in to the DVLA. They are the ones facilitating the (fraudulent) payments. Clearly someone is using your relative's details and/or there is an error in someone else's payments being applied to him.
Fobbing you off to moan at your bank simply isn't good enough, they're the ones helping themselves to his money! Nationwide and you can only play whack-a-mole after the fact cancelling the DDs. The DVLA can identify why the payments are being taken (and by who), put a block to stop taking money from him, and pay you compensation for the error. You could strengthen this with an additional data protection complaint.
Appreciate this might seem a lot of bother but other than closing the account I can't see a way to prevent future instances of payments / DDs being setup. You could use AI to help you write the complaint to save time, you might also be able to find examples of similar complaint letters online.
Try: https://contact.dvla.gov.uk/complaints/capture-personal-information?locale=en
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But if the bank can block specific originators from setting up direct debits on specific accounts, this nips the problem in the bud. If you don't complain to the bank, that block (if available) is unlikely to be put in place unless you ask the right person at the right time.
A precision strike is needed here - complain to Nationwide, there's already grounds for a complaint anyway (ignoring the LPA, failing to make accommodation for age/infirmity), so there's minimal additional work required, to make a complaint that has a good chance of stopping the fraud.
Another reason for wanting to nipping the fraud in the bud at Nationwide is that this could be an organised fraud scheme, with the targets being techo-illiterate/technophobe people wanting to tax their car.
Some third party says "Give me £200 and I'll tax your car for you". Instead of buying 12 months car tax, the fraudster sets up a monthly direct debit, and until the bank account owner cancels/reclaims the DD the vehicle owner goes on line and sees that their car is taxed, then several weeks later they aren't, and then they find themselves liable for the car tax from day 1 again, and are £200 down.
Complaining to the DVLA isn't going to help those people, they've already been defrauded. DVLA are only concerned about fraud against bank account holders and that box is ticked by relying on the direct debit guarantee.
If Nationwide can block the DD setup, the OP+OP's father are relieved of the hassle, and the putative fraudster gets frustrated, and OP has made the world a slightly better place.
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Definitely report this to the Police. The fact that your father gets calls from an obvious fraudster, and the repeated DDs point to a sophisticated scamming operation. I wouldn’t know how you register for DDs but I could easily imagine that fraudsters would find a way to pose as DVLA, and that the real DVLA isn’t actually involved at all. One for the Police.
Might also be worth asking your father’s MP to help putting a stop to it2
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