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Extraordinary abuse by Tiscali.

Extraordinary abuse by Tiscali.

I recently recieved a letter from Tiscali confirming my instruction to Set-up a direct debit. This came as a great surprise to me as I had not instructed them to do anything. The letter didn't say what the instruction was for but asked me to call them if my bank details were incorrect. The number to call was not a free number either so I was reluctant to call it. I called their free sales number and asked them to cal me back but they refused (1000 excuses). Afparently the instruction if for a 'pay as you go' account of which I have no knowledge. (Do PAYG accounts require direct debits?). I am pretty disgusted that Tiscali still have my bank details even though I left them years ago. I am also disgusted that they can use these details to set up a direct debit without my permission. I am disgusted that I have to pay talk to them about their disgusting and underhand behaviour.

But what can I do to stop such abuse ( I am not sure if they have done anything illegal or not).

What they have done is to used my old account details to set-up or attempt to set up a direct debit for purposes unknown to me? Is this illegal? I am thinking data protection act or possible fraud, although as I have blocked the direct debit (hopefully) I will never know what they were attempting to do. I am also worried they have used my data to sign me up for an unknown service. Qusetion is what can I do about it without running up big phone bill calling them?

They sort of admitted their had been somesort of error but still indicated that some sort of account was/is set up. I put the phone down at this point.

Reply to
David Johnson
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Look in your drawer. Get pen & paper. Write a letter. Post.

All for a cost of a 1st class stamp, a piece of A4 paper and an evenlope.

Reply to
Tony Sutton

write to you bank - tell them to cancel any direct debits which have been setup (or do it online) then they can't take your money!

Reply to
Si

Three pieces of paper (one for Tiscali, another for your Bank, one is your copy for legal purposes) + 2 x 1st class Recorded or Special Delivery (for a proof of delivery).

All communication should be written only - no phone calls! If they call you - ask to put all they want to tell you in writing.

DD can not be established without your signature on the application form.

Reply to
lurker

You think the reply will be anymore helpful than my phone call? Thats assuming they even bother to reply.

Reply to
David Johnson

Why? Just when you were on the verge of hearing something of use ......

Reply to
Doug

I have done that (assuming the online message thing they have works). Thing is I cannot cancel the debit untill it appears on my account, and currently it is not there, so I will have to check every day. Can they set up the debit and make a debit at the same time? Surely there is a period where the inform me of what they intend to take first? Does anyone know the 'rules' for direct debits other than that you will get a refund if their is a mistake on their part (and you can actually prove it was their mistake, not your mistake, I doubt they mention that in the 'guarantee' ).

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Reply to
David Johnson

Because its costing me money.(Which may actually be going to them). The telephone number is for their Smarttalk account which is for something else. I was just getting a pile of bullshit and no real answers. How can they suddenly send me a direct debit notice when I have not been with them for over 2 years and have had nothing to do with them every 10 minutes is 40p. Why should I pay to hear their bullshit, surely they should write to me and explain. Maybe I will ask them to do that if I can suffer being onhold in thier call queueing sysyem again. Seems like it will be cheaper to send a letter (recorded delivery?).

Because there is nothing to say is there, you don't need a direct debit for a 'pay as you go account'

Reply to
David Johnson

A lot of DD's these days are set up electronically without a signature.

Reply to
Adrian Boliston

TWO Recorded Delivery Letters are URGENTLY required!!

1) To your Bank advising them that you have reason to believe a Fraudulent attempt may be made onto your Account. Instruct them NOT to accept any such charges.

2) To Managing Director of Tiscalli advising them that they have used your details without your knowledge or Authorisation. Also advise that any such attempt to debit your Bank Account will be treated as Fraud.

HTH

Regards, John

Reply to
John J. Burness

Surely, that is illegal!!

The Bank should ONLY take Customer Authorisations, albeit routed via the Debiting Company.

Regards, John

Reply to
John J. Burness

It is legal, and it is called paperless Direct Debit.

Reply to
Ian McMillan

It depends on the DD recipient. Everytime so far, all Direct Debits have appeared on my account at least 14 days before being claimed but with my Smile current account, a DD for HBOS Card Services appeared suddenly and the money was taken as soon as it appeared - a very odd case but Smile say it's down to how recipients set up and pass on the DD details.

You can always claim an Indemnity - there are rules pertaining to this (I think you have to let your bank know you want to do this in 2 working days or similar). This basically involves the amount of the DD being reversed and the company refunding the bank - the process is free of charge and automatic but will leave you liable to the DD issuer for any debts you may have with them.

Regards, Far

Reply to
Far

So what you are saying is that some Company can obtain my Bank Details & send in a DD Authorisation without my knowledge/authority & that is legal!!!

Surely a Bank can ONLY allow access to a Customer's funds, once the Bank has establish that appropriate authority has been provided by the Customer??

Regards, John ps Is it any wonder that I think that the "so-called" DD GUarantee is not worth the paper that it is written on?? jjb

Reply to
John J. Burness

No, thats not what I said. Direct Debits without signatures are legal.

Reply to
Ian McMillan

I'm afraid it's not. The risk, though, lies with the bank unless they can recover a loss from the payee of the direct debit.

The account holder is protected by the terms of the direct debit guarantee and a bank will always refund a disputed debit.

Mike.

Reply to
Mike Mann

In the same way that a card merchant with your CC details can debit your credit card without your knowledge/authority.

Reply to
Adrian Boliston

-----------snip-----------

So how does the Bank know that they are authorised??

Regards, John

Reply to
John J. Burness

That would be fraudulent &, therefore, illegal.

Regards, John

Reply to
John J. Burness

Quite legal and above board.

Not at all. The granting by a bank companies of the authority to raise DD's is only done after extensive vetting and with very strict rules. If those rules are broken then the company is liable and can lose the authority which can be very costly to them.

Exactly! If the company has not gott the authority then they are in serious trouble.

You may think that but it is very wide of the mark. If you use your credit card over the phone or the net you can have long drawn out problems getting a refund or preventing a continuing authority continuing not to mention the opportunity for fraud that can take months to resolve.. The DD is much much more secure. The DD guarantee is just what it says and provided you have followed the normal rules about keeping your details private then you can have confidence. I recently had to cancel A DD and it was done with one phone call and no quibble.

Reply to
Peter Crosland

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