Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Can banks accept and action direct debits without the knowledge of the account holder? This has just happened to my father, three direct debits have been placed on his account without his knowledge by a utility company, definitely not his provider, and money taken against them?
First thing is for your father to ring the bank and cancel the direct debits. Might be
an idea if he also gives instructions to the bank not to accept any new direct debits
from him.
Ask him if he has had anyone at the door or on the phone talking about a
change of supplier-possibly as much as a month ago.
He will probably say no as his current supplier would have written to him and the
new one should have contacted him too. Also, he should have had his meter read.
If none of that has happened, it is possible that he is the victim of a [problem] or has been cloned. That would be confirmed if he is still registered with his
usual supplier.
He will need copies of the signed direct debits, though it is possible they were
completed over the phone.
Go to the police with the details he has and get a crime number. Contact the bank
and ask them to reverse the payments.
Thanks for that information. Bank has been contacted and I'll hear more today on the outcome there. Main concern really is can a bank acccept direct debit instructions which are unsigned by account holder? Of course I realise there is the chance it could have a signature but certainly not my father's.
Halifax paid out in full £3054
4yrs later.......here we go again
yes is the answer as banks do not always set them up. A lot of large companies have a system called AUDDIS in which it is set up from their end not the banks.
Thanks for that Natwestmember. Not sure if that is the same answer as was given by the Nationwide, ie Banks can now make agreements with “big companies” whereby an “electronic signature” is allowable. This has been the case “for several years now”.
My dad is no longer interested, bank are repaying dd. However I am cos it just doesn't seem right to me that a well known utility company can stick 3 dds on an individuals account, without that person's knowledge and even though they are not a customer and even more alarmingly, no longer responsible for the property (I am and pay monthly dd to a different utility provider) and the bank allow it to be done, no checking at all!
Halifax paid out in full £3054
4yrs later.......here we go again
It is a contravention of The Theft Act (1996, and later amendments) to debit a bank account and credit one's own without the account holder's knowledge, expectation, or permission, and is punishable by up to ten years in prison.
I have found companies repond to this titbit of knowledge by suddenly seeing the issue my way.
Google The Theft Act (the current government has put the laws online in a very accessible manner)- you can become as expert as anyone, given the pressure of needing a result.
Companies would much prefer we stayed ignorant of such matters.
Direct debits without my consent
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