Direct Debit Time Limits

AlanR

Free Member
Oct 27, 2008
73
13
Hi,

Hoping somebody can help me or point in the direction of where i might be able to answer my - Is there a time limits on Direct Debits?

Basically a company that i had a DD with but finished using over 2.5 years ago has now written to me saying that a DD they should have submitted a request for payment for wasn't (their mistake) and that they now want to me pay it.

Although i don't believe that i am liable for it, i think i may have a difficult time proving it since i don't appear to have kept any of the paperwork (personal account not business related).

Any pointers or advise welcome

Regards

Alan
 
It would be bad form for them to collect the money by direct debit, but companies can charge for goods/services for up to 6 years after the event, so yes you are still liable if they can prove you should have paid but didn't.

Presumable it's a significant amount or they wouldn't be chasing it so late on?
 
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Astaroth

Free Member
Aug 24, 2005
3,985
278
London
A company can charge you as long afterwards as they want. The law of limitations is what the courts would allow for enforcablility. If they ask you to pay 20 years after the date and you pay then they're entitled to have tried (just if went to court the court would have almost certainly said it was statute barred).

To the best of my knowledge there is no limit on DDs however under the same principle you are entitled to have the money refunded immediately under the DD scheme.

They would then be entitled to chase you using other methods, such as the courts, and add any relevant late payment/ bounced payment fees etc.

If you think they cant prove the money owed it may be worth challenging it but if you think they can and that you cannot disprove it......
 
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bovine

Free Member
Aug 23, 2007
1,271
311
I dont think the OP is saying they will be taking the payment as a direct debit, just that a debit should have been made and wasnt, therefore leaving an outstanding balance.

I believe they are asking for it to be paid by other means.
 
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Astaroth

Free Member
Aug 24, 2005
3,985
278
London
The same would stand on the timescales side.... the law limits to 6 years for enforcing through the courts but there is some discretion that the courts can give if it is beyond 6 years.

That said someone can be pursued indefinitely (as long as it doesnt become harassment) just they can keep saying no because they "know" that the courts wouldn't enforce it if its beyond 6 years
 
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