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Source: Arrabe Asesores 29 June 2010

Repayment terms for direct debits (Law 16/2009 Payment Service).

One aspect to take into account the new Law 16/2009 Payment Service is the authorization in the payment transactions and, more specifically, the new system of deadlines for requesting the return of the "direct debit" (bills by direct debit).

The new law distinguishes between authorized payment transactions and unauthorized payment transactions

Payments shall be deemed approved if the payer has given consent for their execution.

Consent may be withdrawn unless the payment order is issued and irrevocable, in accordance with art.37 of the Law.

  1. When the user has detected that wrongly executed a payment order or have carried out unauthorized transactions, you must inform the entity to pay, without undue delay and in any event not later than 13 months from the date of debit or credit.
  2. The deadline to request a refund of debits AUTHORIZED becomes 8 weeks from the date of debit entry, provided that the following condi:
  1. when approval was given, it does not specify the exact amount of the payment transaction and
  2. exceeds that amount the payer could reasonably have expected taking into account his previous spending pattern, the conditions of the framework contract and relevant circumstances of the case.

The payer and his payment service provider may agree that it is not necessary to meet these conditions for the return.

Therefore, it is advisable to get the customers to turn debits, consent or authorization of payment.


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