Liability for repaying fraudulently withdrawn funds

1595223802 | 21:48 Mon 02nd Mar 2009 | Personal Finance

2 Answers

Is it the bank who accepts the direct debit or the credit card company who instigates the direct debit that is liable for repaying the funds fraudulently withdrawn?

Direct debit Guarantee

My wife used my Amex over the phone without my knowledge

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Buenchico

Both.

Anyone who takes money from you (or your bank account) without authorisation is legally responsible for refunding the money.

However the Direct Debit Scheme Guarantee means that your bank also has a duty to refund an unauthorised direct debit from your account:
http://www.bacs.co.uk/BACS/Consumers/Direct+De bit/Your+rights/

In practice the best route is to go through is your bank, since they must provide a full and immediate refund without quibble.

Chris

factor-fiction

"funds fraudulently withdrawn"

Sounds dramatic?

Was it some sophisticated fraud (perpetrated by your credit card company?) or an admin error (by your credit card company?)

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