Can someone take money out of your account?

[sten102]

My dad had to give his bank details to Green Flag recently when his car wouldn't start before they would come out (he didn't have 'home start'). 5 minutes later he got the car started so cancelled Green Flag, but they were horrible on the phone and said he would still have to pay (�89!). We don't think he should pay. Can they still take the money out without him signing anything? Is there anything we can do? Thanks

[Skyline D]

I don't know for sure whether they can or can't but certainly he should pay. He agreed a verbal contract (which I'm sure they have recorded) and, if they aren't willing to cancel the thing as a gesture then he'll be liable to pay it. Whether they can actually just take it or whether they will have to send him an invoice is another question? Legally there's no doubt he agreed to a price for a service and it's not their problem he later decided he didn't need the service.

[sandmaster]

The original direct debit mandate probably did not specify an amount - in which case they can take the extra. The contract, although verbal, is binding. If they can prove the conversation took place then they may proceed.

[jno]

well, if they didn't actually provide the service, you'd think they might agree to lower the amount a bit. The only expense they incurred I suspect was in answering their phone. Try reading the joining conditions.

[CAJ1]

As it is only �89 they probably wouldn't proceed with going to court if he doesn't pay as its such a small amount, their solicitors fees would come to more than that!

[buildersmate]

Don't you believe it. They'd claim their costs, if they won the case - which would exceed �89 several fold.

[CAJ1]

Good point buidersmate