Direct Debit Authorization with Free
SolvedMadeleineT.L. -
I subscribed to the Free Mobile plan at €2/month a few days ago, and I would like to know if it is mandatory to fill out and send the direct debit authorization?
Indeed, during the registration, I already provided my bank details, so that means I authorize FREE to collect, right?
I don't understand why they are asking for this document. I have automatic withdrawals from my account every month (like everyone else), and for none of them did I have to send a direct debit authorization beforehand.
So if someone could clarify this for me, that would be nice! Thank you!
15 réponses
Payment by direct debit cannot be required under any circumstances. Similarly, increasing the fee in case of choosing another payment method is also illegal. Free has already been heavily fined for these abusive clauses.
http://lexpansion.lexpress.fr/high-tech/free-condamne-pour-des-clauses-abusives_251138.html
This is even more important as some suppliers have a troubling tendency to charge their customers' accounts without warning them, particularly when there is a dispute with that customer (for example, cancellation of a subscription not taken into account or disputes over billing).
Giving suppliers the authority to directly debit the account is certainly convenient for the consumer (and especially for the supplier), but it carries significant risks of being charged disputed amounts against one's will, with the near certainty of not being reimbursed afterward. Internet and telephone service providers are often criticized on forums for these dishonest practices.
That's false, if you do not give a direct debit authorization, they cannot withdraw from your account. If the bank were to accept it, it would be obliged to refund you immediately because it would be a serious fault on its part.
For the landlord, it is an abusive and illegal clause if it is in the lease.
Personally, I have not given any direct debit authorization, neither to my internet service provider nor to EDF or the tax office, and no one has ever withdrawn the slightest amount from my account (thank goodness).
a bank account details (RIB) absolutely does not authorize anyone to withdraw money from an account; it can only be used to deposit funds. And thank goodness, because otherwise, my employer, the CAF, or anyone to whom I've provided a RIB for a transfer could withdraw money from my account.
If you want Free to be able to withdraw from you, you need to send the authorization.
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As for those fierce soldiers, I say this not to squeal,
but they do nothing but roar in our countryside.
There seems to be a slight confusion regarding terminology in my opinion, or at least a vocabulary issue.
The bank account identifier (R.I.B.) as defined by European standards is simply a bank identification statement - in short, it's just a basic account number in IBAN/BBAN format.
This is not - and cannot be - an authorization for direct debit.
That said, upon further investigation, it turns out that for someone like me, a Belgian, the law does NOT allow my bank to debit any amount without my consent.
But French law is different and allows private creditors and the tax authorities to debit your account without your consent (personally, I find that a bit outrageous :-)) despite the fact that European payment is harmonized.
In short: you’re out of luck, and avoid giving out your bank account identifier indiscriminately :)
If God was a villain, it would be me (Mr. Benedict)
Well no, or else I would like a source or a link on that.
What is the point of FREE asking for bank details during registration if you have to send them an authorization with bank details later?
Because the bank details are for them while the bank details + authorization are for the bank.
For me, it's honestly the first time I've heard about this authorization, and that's why I'm suspicious.
The customer MUST receive an invoice in advance and MUST have time to review it. In the case of an electronic payment, the invoice must be presented - with all its details, and possibly electronically - in a timely manner so that the customer can verify it, and if necessary, can contest the withdrawal from their account.
Of course, commercial companies come up with technical impossibility arguments, but we don't care: it's their problem.
No pointless chatter, a bank account statement is not a direct debit authorization.
According to the law, a bank debit can only be executed with the agreement (signed contract, written consent, etc.) of the account holder (Article L. 133-6 of the Monetary and Financial Code). Otherwise, the debit is considered an unauthorized transaction (Article L. 133-7 of the Monetary and Financial Code).
In the case of an unauthorized debit, who is held responsible?
It is the bank that will be held responsible, unless it can demonstrate that it did not commit any fault in managing the account and that the debit had indeed been accepted by its holder (Article L. 133-23 of the Monetary and Financial Code).
The bank must have been previously mandated in this regard (signed debit authorization) by the account holder (Article 1984 of the Civil Code). Otherwise, it will incur liability and must refund the sums improperly debited.
Note
The bank cannot simply claim that the beneficiary of the debit had the bank details (RIB) of the debited account to exonerate itself. The law requires it to provide concrete evidence demonstrating that the debit did not result from an error on its part.
Can the account holder recover the debited money?
Yes. To do this, the account holder must notify their bank of the unauthorized debit within thirteen months following the debit date (Article L. 133-24 of the Monetary and Financial Code). Unless proven that the debit was actually authorized, the bank must "immediately" (Article L. 133-18 of the Monetary and Financial Code) credit the account with the debited amount. It must also restore the account to the state it would have been in had the transaction not taken place. Thus, if the transaction caused an overdraft and led to the payment of fees, those must also be refunded.
Note
In addition to the refund of the debited amount, the law allows the account holder to negotiate with their bank for additional compensation as damages for the harm caused by the disputed debit (Article L. 133-18 of the Monetary and Financial Code).
That said, SEPA mandates are managed by the account holder (this is new since SEPA, previously it was the bank's responsibility), and not by the bank which only acts as an intermediary. Request the cancellation of the direct debits and your bank will execute your order.
Anyway, I'm not going to send it. Free has my bank account details, so I don't see why they wouldn't be able to make the withdrawal. There shouldn't be any issue with my bank, at least I highly doubt it.
Don’t confuse direct debit with automatic withdrawal
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Curiosity on CCM is not a flaw but a quality
Anyway, I'm still hesitant about whether to send it or not. If I don't send it and the direct debit doesn't work, I might have issues with Free. And if I do send it, I'm afraid Free will drain money out of my account unnecessarily (as jns55 said).
I don't know what to do anymore...
I have been with Free for years, I was entitled to the free €2 plan, as my mobile was rarely used. A bank account was enough. Since May 2023, Free has sent a bill for this mobile of €0.01 (one cent euro!) to my bank; from then on it has been a nightmare, every month I have to pay penalties even though there is no consumption. I had to send a SEPA to pay these ongoing fees in July 2023. In November, they are asking for another one, saying that the one from July is not valid (?) as well as a new bank account that I have already updated but is not valid (?) they have my bank details for the landline and Internet, it would be enough for them to compare. The free plan is a scam... if a bill of €0.01 is enough to trigger cascading monthly fees: €27.51 since May 2023 plus the registered letters, that’s a high price for free! Free must be penny pinching to get to this point and there's no way to be heard... Out of politeness, I won't say what I think of such behavior, but as soon as I can, I’m leaving Free; the others aren’t any better but at least they start out decent.
I would like to set up a direct debit, how can I do that? Thank you.