Direct debit - what is it? Write-off of means without the order of the account holder

The arrears is one of the main reasons that the account of the client without his permission charged money. This is a common practice, the validity of which is still being actively discussed. In some cases such actions may be stipulated in the contract in advance, or is a consequence of the implementation of the Bank of the judgment. Practiced this infrequently. However, many situations can only be solved in a similar way, making the tool write-off the only possible way out of the situation.

Direct debit – what is it?

In fact, such actions represent a transfer of money from the account of a customer of the Bank in favor of the same Bank or any other organization, individuals, public bodies and so on. The reason, as mentioned above, is often provided in advance in the contract the right, but sometimes you will also have to achieve a judgment. In any case, all this happens without consent, and sometimes without the knowledge of the owner of the account, which is fraud, if there are no enough reasons.

Causes

The Reasons are often quite banal. They can become overdue debt on Bank loans, unpaid child support, fines, taxes and so on. Of course, people are different, some just do not want or are unable to pay such required payments. In fairness it should be noted that the banks, the court and other interested parties first try to agree on-good. And then, when it becomes clearly understandable that the debtor fails to compromise and refuses to negotiate, followed by more stringent measures.

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Cancellation of the contract

Usually in the contract for opening current or card accounts in advance provides for the right for direct debiting. What does that mean? The fact that the Bank at any time may own, without permission of the account holder to withdraw money and send them in the right direction. Such a system can even be beneficial, because not all have the ability to make payments on time, and this decision will allow the person to allow the Bank to perform the desired actions on his behalf at the right time. However, as a rule, such direct debit, the statement to which the client is written in advance, is performed in particularly unpleasant situations described above. It should be noted that usually the Bank provides for such a right, but also stipulates situations in which the specified paragraph of the agreement can enter into force. For example, only after the increase in debt over the agreed amount. Or after the time when it was necessary to make the payment, it took 5 days. And so on. Options can be a huge amount, and they depend on both the Bank and customer, credit and many other factors.

Cancellation of the decision of the court

This is a more serious decision which is made by direct debit. What it is, already discussed above, but in a nutshell, after state agencies was definitely a penalty, in force document, according to which the Bank is entitled and even obliged, to debit the client's money and send them as specified in the solution details. This happens in the non-payment of child support over the long term, violations of the laws, the punishment for which is expressed in monetary terms, and so on. In fact, in this situation, people will blame myself, so as not agreeing to voluntarily comply with certain requirements or obligations it will be forced to pay for it out of pocket. If he agreed, he would have still lost money, but it would be at least informed and well-considered decision, the backstory of which is not absolutely necessary it would be to go to court.

Other types of write-offs

In principle, the above are two main options for events in which the banking organization has the ability without the permission to touch the client's account. All other options are more likely to be a fraud in one way or another. If there is no reason to touch the account, but it's still made, then there is a serious violation that threatens criminal liability, along with theft or robbery. Bank employees need to be very careful upon the occurrence of such events. Recommended several times to verify the legitimacy of the actions and accuracy of the documents before you start the indisputable write-off of means. In case of detecting the slightest of inaccuracies or misunderstandings, you should immediately inform the leadership and security services. Otherwise it can be very bad. Some structures specially conducted such inspections, to determine how careful and responsible are the employees of the Bank.

Order cancellation

The right of acceptance-free write-off can be divided into several stages.

1. The First phase – appearance reasons. For example, it can be encounteredthe debt that the customer refuses to pay, or prolonged failure to pay child support, fines, and similar moments.
2. The Next step – legitimacy. There are already possible options, ranging from the availability of such opportunities provided by the contract, or by separate decision of the court.
3. Once that was dealt with, requires the permission of the head of the banking organization in which the debtor opened the account where the money is. This permission shall be in writing and shall be sent to the head of the respective structural unit.
4. He, in turn, determines the employee who will actually implement the decision (management or court). Banking implies a subordination.
5. Employee of the Bank performs all required actions, strictly following what is written in the title document.

In fact, if done correctly, the responsibility will be solely on the debtor. If mistakes are made, the answer will have the person who committed them. For example, the Bank's management if you have made a decision to write off without proper reasons, the head of the Department, self-instructed, without the consent of the parent entities or even the employee, if he performed the operation without the documents, correctly or at all on their own.

The Right of acceptance-free write-off

The debate about whether such actions by the Constitution, still do not cease. On the one hand, it seems like there is a separate agreement or judicial decision. On the other hand, it's all possible if you wish to classify as fraud and gross misconduct. This is the main problem faced by the Bank when you need to do direct debit. What can it mean? It's all quite simple and clear. If the person from whose account for unknown reasons, he lost money, be able to prove that it was indeed illegal, the Bank will be forced to return these funds. In some cases, will also have to pay a fine that hardly anyone can please. Financial institutions often go on the verge of legality. Suffice it to recall the services of those same collectors that it seems like officially there are, but the methods they use, often far from legitimate.

Summary

In General, the funds are debited from the client's account without his permission – a very dangerous process that must be executed strictly in accordance with laws, regulations, agreements and so on. Any errors or violations at this point is simply unacceptable, as they can have dire and lasting consequences. Banking in this respect is extremely negative attitude to the need to perform write-off. If there is another way to solve the problem, the financial institution will prefer it, even if it is less profitable and more stretched on time.