Legal advice .. consent to access my Bank Account!

Legal advice .. consent to access my Bank Account!

Author
Discussion

fido

Original Poster:

16,799 posts

256 months

Friday 26th August 2011
quotequote all
I am leaving the Company in the not too distant future and according to HR, i have to fill in form which allows them to take money from my Bank Account in case they need to claim back any overpayments(?).

Naturally, i have refused as i don't want to give irrevocable access to my wonga and no company has ever asked for this facility before .. even my last employer trusted me to give back part of my bonus and would not accept it as a deduction from my salary i.e. i ended up writing them a cheque on the day i left!

What do the PH legal bods think of this? My current plan is delay stuff till my last working date and then if nothing is owed (which it shouldn't be) then it won't matter a jot. Sometimes i just despair at corporate idiocy rolleyes

Puggit

48,463 posts

249 months

Friday 26th August 2011
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What will they do if you refuse to sign this?

fido

Original Poster:

16,799 posts

256 months

Friday 26th August 2011
quotequote all
Puggit said:
What will they do if you refuse to sign this?
I have just told my line manager i'm signing jack and he just said he'll be forwarding an HR contact .. something tells me i'm off the shortlist for Employee of the Year ..

Munter

31,319 posts

242 months

Friday 26th August 2011
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Ask them to reciprocate 1st ( silly ) in-case they owe you expenses. hehe

fido

Original Poster:

16,799 posts

256 months

Friday 26th August 2011
quotequote all
^Thanks for that bit of advice!

Ok, a nice person from HR has rang me up. I have stated that i am not going to sign any paperwork which enables debits from my bank account. I completely understand that they can chase me for any overpayments and i will not hesistate to pay back any such payments - future references and credit history for a start! She told me it was part of procedure etc. and it's on my file etc. - and i gave the reciprocal example above as to why i will not sign anything and if they want to record this lack of signature on a file then so be it .. :shrugs:

FamilyDub

3,587 posts

166 months

Sunday 28th August 2011
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It would make me nervous why they are requesting access to your account in case of an error; almost pre-empting the error before it happens!

Do they not have confidence in HR/Payroll communicating and paying final salaries correctly?!

I'd say 'naw', personally, plus you have also agreed to pay back any over-payment, what more do they want...?!


davepoth

29,395 posts

200 months

Sunday 28th August 2011
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I actually got overpaid, And I used it to secure certain "concessions", not least a month's interest. the advice above to refuse to sign unless they reciprocate is very good, and would to me seem "reasonable".

98elise

26,643 posts

162 months

Sunday 28th August 2011
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If they get your salary/payments correct then how can you trust them to take the right amount back.

GeraldSmith

6,887 posts

218 months

Sunday 28th August 2011
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What exactly is it they want you to sign? Because there is no mechanism in the banking system that does what you describe.

The nearest is Direct Debit but it's unlikely a company would be allowed to use it for this purpose and if they did they would need to give two weeks notice of the date and amount of the payment. You could cancel the instruction at any time and could claim a refund of the money under the DD guarantee if you wanted it back.

So it is hard to see what it is that they could be asking you to sign that has any impact.

Mazdarese

21,019 posts

188 months

Tuesday 30th August 2011
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GeraldSmith said:
What exactly is it they want you to sign? Because there is no mechanism in the banking system that does what you describe.

The nearest is Direct Debit but it's unlikely a company would be allowed to use it for this purpose and if they did they would need to give two weeks notice of the date and amount of the payment. You could cancel the instruction at any time and could claim a refund of the money under the DD guarantee if you wanted it back.

So it is hard to see what it is that they could be asking you to sign that has any impact.
This. And if it is a DD mandate, then just go onto your online banking and cancel it thumbup