Few people in business would seek to deny the convenience and efficiency of the direct debit scheme when it comes to handling regular payments in and out of the business. What some businesses might not be fully aware of, however, is the existence of strict direct debit rules, known as the Direct Debit Scheme Rules. This article contains a brief summary of the direct debit rules which apply to anyone using the scheme.
Why the direct debit rules exist
The direct debit rules have been put in place so that the parties and organisations using the scheme – which includes the bank or building society that “sponsors” each business to use the scheme – are fully compliant.
The key direct debit rules
The full list of direct debit rules is lengthy and complex, covering all aspects of handling direct debits whether working electronically or on paper. There are some key rules that form the foundation of using the scheme, however, and they are as follows:
Setting up a direct debit
Any organisation submitting direct debit instructions to BACS must do so via the Automated Direct Debit Instruction Service (AUDDIS). And all the documentation an organisation intends to use as part of its direct debit operations needs to be submitted to a sponsor (a bank or building society) for prior approval.
The next step is to set up a direct debit instruction (DDI). This is the means via which a business can access the authority of the person/organisation paying the direct debit, and the details needed to debit the relevant account. The DDI itself needs to be designed and formatted as agreed by the sponsor.
When the DDI is issued to the payer it has to be accompanied by the Direct Debit Guarantee, and once the DDI process has been completed, the following rules apply:
When the payer has returned the DDI, the onus is on the business using the direct debit service to ensure that all the relevant information is in place before lodging the instruction with the payer’s bank.
The payer’s bank will then either accept or reject the DDI.
When the business actually collects the direct debits in question, it must comply with two highly specific rules:
The business is fully responsible for ensuring that the funds can be legally demanded and collected in this manner and that the consumer protection rules or other relevant legislation in place aren’t being contravened.
The banks that facilitate the use of direct debit to collect payments bear no responsibility for the contract formed between the business and the payer.
The direct debit rules state that each DDI has to include the following information:
The name and address of the person/organisation using the direct debit service
The official direct debit logo
Details of the service user’s Service User Network (SUN)
A heading that says “Instruction to your bank or building society to pay by direct debit”
The name and full postal address of the bank or building society that hosts the payer’s account
The name or names of the relevant account holder or holders
The branch sort code for the payer
The bank or building society account number of the payer
The reference that applies to the service user
An instruction from the payer to debit their account, with reference to the Direct Debit Guarantee
Dated signature or signatures under the Direct Debit Guarantee
We can help
If you’re interested in finding out more about BACS direct debit rules, or any other aspect of your business finances, then get in touch with our financial experts at GoCardless. Find out how GoCardless can help you with ad hoc payments or recurring payments.