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Original poster

Ex H still using direct debit from wife's account

26 replies

BeandQueue · 13/07/2017 16:23

Any advice for my friend please? Her Ex husband is still paying for an insurance policy from her bank account. It renews automatically - this is the 3rd year of annual lump sum payments (not monthly)

Bank won't help (possibly because she gave permission 3 years ago?)

Ins Co won't talk to her because she is not the policy holder.

Ex hasn't sorted it out in 3 years so doubt he will suddenly spring into action now!

Is it legal for the bank to ignore this?! It doesn't seem right!

Can she get help from anywhere to get her money back or does she need to just write it off?

OP posts:
RedHelenB · 13/07/2017 16:24

Het Her account so I would cancel the direct debit asap

ofudginghell · 13/07/2017 16:25

She can just cancel the direct debit surely???

weekendninja · 13/07/2017 16:26

Could she not just cancel the direct debit from her side?

SwearyG0dmother · 13/07/2017 16:28

She can also claw back direct debits if they're paid wrongly. The bank pay you back and then claim off the company.

Lovelilies · 13/07/2017 16:29

Cancel the cheque direct debit!!!

flickerty · 13/07/2017 16:30

Of course the bank can help. They can cancel the direct debit!!?! Confused

If the insurance isn't in her name then that's exactly what she should do!

43percentburnt · 13/07/2017 16:31

Cancel the direct debit with her bank.

I have been told that you can ask for a refund on old direct debits this may result in her ex being pursued for the debt.

Did she sign the original dd mandate?

Nowwhatsthis · 13/07/2017 16:37

Of course she can cancel the direct debit.

flickerty · 13/07/2017 16:38

If she has online banking she can even cancel it herself. I'm confused why this is a big deal.

Ecureuil · 13/07/2017 16:39

You can cancel a direct debit on your online banking. Or just ask the bank to cancel it. It's very easily done.

Judashascomeintosomemoney · 13/07/2017 16:42

Is it actually a Standing Order i/o a Direct Debit? If so that might explain why she can't cancel it herself- it would have to be the company it's going to

Nowwhatsthis · 13/07/2017 17:24

You can cancel standing orders using internet banking too.

The only thing that might difficult to cancel is where they take the payment from the card. But if she cancels the card and gets a new one these payments would stop too.

Justgivemesomepeace · 13/07/2017 17:30

The bank account is in her name- the bank will only cancel it on her request. If the insurance is his policy in his name he needs to call them and they will change the account they pull the dd from on his request.

Justgivemesomepeace · 13/07/2017 17:35

Misunderstood- I thought the dh was yours??!! Anyway- advice still correct she CAN cancel the dd if it's coming from her account, either the bank should do this or she can do it online herself. I'm also confused as to why they won't do this? It's a simple and commonplace transaction.

Madbum · 13/07/2017 17:36

Erm basically what everyone else said.
Ridiculous this has gone on so long.

Original poster
BeandQueue · 13/07/2017 18:11

I agree it is ridiculous - it's the first I've heard of it!

I did say to cancel the dd, but surely anyone would do that first off so i think there may be a complication there somewhere (i'm waiting for her to answer me)

It's more the money that has gone out today unexpectedly that i was wondering if there was any way for her to get that back - it feels like there should be!

OP posts:
Madbum · 13/07/2017 18:20

She can call her bank and ask for the DD to be reveresed, it's covered under the direct debit guarantee, the money should return to her account by tomorrow. I did it a couple of months ago when Sky randomly took a payment from my account.

Original poster
BeandQueue · 13/07/2017 18:47

MORE INFO

So it's not really a dd apparently (although it still sounds like one to me Confused ).

He gave the ins co his card details from their joint account, including account number. These are on file and what is used at renewal, despite the card expiring.

It is no longer a joint account but because he used the details legitimately back at the beginning that is consent and the bank will not dispute.

Surely the only option can't be to close the account?!

OP posts:
FlappyRose · 13/07/2017 18:51

It sounds like a continuous payment authority. She should put in writing to both her bank and the insurance company that she withdraws her consent for them to make this payment/debit money from her account. If it continues, she should follow the complaints process and escalate to the FCA if necessary.

FlappyRose · 13/07/2017 18:56

Financial ombudsman, sorry. The bank should refund any unauthorised transactions.

Original poster
BeandQueue · 13/07/2017 19:17

Thank you FlappyRose I've looked up CPAs - well aren't they lovely Hmm can't see any reason for a company to use them instead of a dd except that they are harder to cancel!

OP posts:
FlappyRose · 13/07/2017 19:28

Yes, and a lot of staff in the banks seem completely unaware of their responsibilities with them. The FCA have made it pretty clear though, so she should be able to resolve it eventually.

Justgivemesomepeace · 13/07/2017 20:23

We have customers that like to pay their bills like this. The payment fails however once the card expires and it has to be reauthorised. I would suspect this would also be the case here and he has 're authorised it when the card expired. something doesn't seem right here. If the account is solely in her name she can stop payments whenever she likes. She controls who she pays not the bank.Just because you set a payment up at some time doesn't mean you can never ever cancel it?!? She needs to escalate this through the banks official complaints process or at least try and get a proper understanding of why she can't do this. It doesn't make sense.

Original poster
BeandQueue · 14/07/2017 00:23

Just wouldn't he have to have details of a new card to reauthorise it? (which he can't have given them as he's no longer on that account)

He has now told her that they contacted him to update his details because the card was out of date but he didn't update because he couldn't he was going to shop around for a cheaper policy, but they have obviously taken it upon themselves to ignore not having a valid card and renewed it anyway. It all seems very dodgy Hmm

OP posts:
ICanTuckMyBoobsInMyPockets · 14/07/2017 00:38

But they can't ignore not having a valid card, as they haven't got a card to take payment from.

Someone isn't giving you the full story here.

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