direct debit forces overdraft- new case?

[Conan-the-librarian]

I am considering a small claim for charges based on exceeding standing orders and direct debits. The argument centres on the word "instruction" which RBS defines and which I would say is only issued once - when I took out the s/o of DD. The bank can only charge if I make an instruction when there are no funds. I say I made the instruction only once - when I took out the DD. Contra proferentem and all that. Suspect may be difficult but wondered what views might be. Have draft pleading.

[Guest wino]

When you give instructions for a Direct Debit to be set up it will be continually paid each month until you cancel it. Did you cancel it after the first payment? If not then you will be charged for insufficient funds

[Conan-the-librarian]

I appreciate that - my point is that the word "instruction" is defined within the terms and conditions and it is only when you give an "instruction" to withdraw funds that are not there that the charges bite. My submission is that debiting every time is not dependent on an instruction being given each time - the instructionj was given just once - when the DD was signed.