money taken from my bank account without my authorisation?

i have had a large sum of money extracted form my account without my say so, their (the company that took it) argument is that i owe them it and as part of the original agreement they can do so if the account fell behind. Is there anything i can do to get it back! I was in the process of trying to go through with a payment plan, also I need the money to live off of, I have a family. Can this be a point i can raise with them either by law or something, anyone know what i can do (i am in UK-scotland)(

13 Answers

Relevance
  • Anonymous
    1 decade ago
    Favourite answer

    Look at the terms and conditions of the contract between you and this company (credit agreement terms etc etc). You may find that they are entitled to get their money back in such a way.

    Without knowing the agreement terms though, this question is impossible to answer definitively.

  • 1 decade ago

    The first thing you should do is to tell your bank not to let any other bank drafts from that company come thru or you could just close out that account and reopen another. I think the latter would be better. Next don't give anyone especially a credit company your account number for any reason they are very unscrupulous when it comes down to it. You should also file a complaint with your bank against the company and try to get the money back. Request a copy of the agreement they say you signed if they cannot show it to you then you have a case. Good luck.

  • 1 decade ago

    I would do some reasoning... If they were able to withdraw money from your bank account you must have provided them with an authority to do so.

    You may not have expected this turn of events when you gave them that authority.

    If they abused the authority you gave them, as by collecting payments before they were due, yes, you can sue for reversal. Often, however contracts are written such that if you fail to pay any amount when due, the whole amount may be deemed due immediately. If that is the case in your contract, and you did fail to make a payment on time, they will have had the right to be paid in full.

    This is not a polite way to do business. But it does demonstrate that if you are unable to make any payment in full in time, you need to discuss it with the creditor... will they give you a break?

  • Even if a contract says that if fail to pay any amount when due the entire amount due may be deemed due immediately they cannot just go into your bank account and take the money-I am sure of it. I don't know the law on it yet although a company did that to me and I am suing them under the Fair Debt Collection Practices Act. Agreeing to pay the full balance if you fail to make a payment doesn't allow them to take it without authorization. I wish you the best on it. Do report it to your bank as someone above suggested and they should be able to help you. Mine did.

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • Anonymous
    1 decade ago

    was it taken by direct debit because the bank that i work for (and all other UK banks) under the direct debit guarntee they will claim the money back for you and the funds will be back in your account within 24 hours. It is really good! Or call the bank and tell them that you didnt authorise the payment and they will take a fiew days and get the money back then

  • 1 decade ago

    Read the original agreement. A clause like the one they claim is extremely common these days. If it is in your agreement, you have no case. If it is not, they had no right to raid your account without a court order. It is unlikely they could get a court order without you being aware that you were being sued.

  • 1 decade ago

    I'm not sure about the banking laws in the UK, but here, if you've ever signed anything authorizing the creditor to automatically make debits from your account, you're screwed unless you can prove you ever rescinded the authorization.

    I'd go to the bank and talk to the person who handles bank debits -- but over here, once they get it, the only way to get it back is to sue.

  • Anonymous
    1 decade ago

    Money cannot be taken legally from an account without prior agreement or a court order. Consult an attorney, most initial consultations are free.

  • it depends on the agreement you had witht hte credit company, direct debits do not include lump sum payments. Andif you've not signed for any more than a regular payment, im pretty sure they cant take it.

    you really need to read your agreement and tlk to your bank.

  • Anonymous
    1 decade ago

    I know in the US you can file a dispute with the bank, and the bank will fight to get your money back. The only problem is, it can take a few months. I hope you get everything straightened out!

Still have questions? Get answers by asking now.