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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1592
Experience:  BCom; LLB; Masters in Law
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My husband requested a debit to be paid off my account. he

Customer Question

My husband requested a debit to be paid off my account. he does not have power of attorney rights and neither did I give written permission. I did speak to the bank and they asked me to tell him to get hold of them. But if there is any payment requests, any changes to banking details I do get informed in this case I was not I informed. I need advise, should I open a charge.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Are you asking whether you should lay a charge against your husband, or against the bank?

Are you and your husband still married? Why do you want to lay a charge against him?

Perhaps you can provide me with some extra background information?

Customer: replied 1 year ago.
We are still married. He does not have power of attorney over my accounts. Normally you will be informed or get an sms if there is any changes to tour account, which I did not receive, called inconstant. If you want to make use of someone else's account for an debit order be processed, you need written notice. I did not give written notice. I had liaise with my bank which is Fnb and they advised me to liaise directly with Discovery Card which I did and they do not want to discuss anything with me, they asked me to ask my husband to speak to them
I told them I need that debit order reversed and they say they cannot do it
Customer: replied 1 year ago.
Sorry for spelling, Fnb has incontact, that informs you if you had or made any changes to your account which I did not receive. My husband did not discuss this debit order with myself. He needs my approval.
Customer: replied 1 year ago.
This is a case of fraud or theft. I need your expert advice.
Expert:  CaseLaw replied 1 year ago.

Legally you can open a case of theft against your husband. That is your choice.

But my advice is rather to speak to your bank to force them to cancel the debit order. Ask them for the written permission that is in place for the debit order, and tell them that if they can't provide the authority then you will sue them for the return of any money that they pay out to Discovery Card.

Then speak to Discovery Card and tell them that they are illegally taking money off your FNB account and that you are going to sue them if they don't stop taking the money.

What you need to do is to refer the matter to the banking ombudsman! You should also challenge every debit that goes through on your FNB account and instruct FNB to reverse the transaction!

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?