Financial Ombudsman Service decision
DRN-6229049
The verbatim text of this Financial Ombudsman Service decision. Sourced directly from the FOS published decisions register. Consumer names are reduced to initials by FOS at point of publication. Not an AI summary, not a paraphrase — every word below is the original decision.
Full decision
The complaint Mr F complains TSB Bank PLC (“TSB”) refuses to refund him for direct debit transactions from his account he didn’t authorise. What happened The facts of this complaint are well known to both parties, so I see no need to repeat them in detail here. In short, Mr F says complained to TSB in August 2025 that a direct debit to an insurance company (I’ll call “B”) should’ve been cancelled in August 2024. He says these should be refunded by TSB as he never set up this policy and so the transactions were all unauthorised. TSB investigated Mr F’s claim but rejected it. Our investigator then completed an independent review of all the evidence and information provided in this complaint. Ultimately, he felt that it was more likely that Mr F did set up this direct debit and therefore authorised B to debit his account monthly, until he cancelled it in August 2025. So, he didn’t instruct TSB to refund the disputed payments. Mr F didn’t agree with this outcome, so the complaint has been passed to me for a final decision. What I’ve decided – and why I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint. Before I set out my thoughts, I want to acknowledge that I have summarised this complaint briefly and, in less detail than has been provided. I’ve focused on what I think is the heart of the matter. Please rest assured that while I may not comment on every point raised, I have considered it. I’m satisfied that I don’t need to comment on every individual point or argument to be able to reach what I think is the right outcome. Our rules allow me to do this and reflect the fact that we are an informal service and a free alternative for consumers to the courts. As set out by the investigator and as I can see from TSB’s records, a direct debit was set up on Mr F’s account on 16 August 2024, giving TSB the instruction to let B debit £22.50 per month from Mr F’s account. The debit continued on the account monthly until August 2025, when this instruction was cancelled by Mr F. TSB no longer have a copy of this mandate for me to see, and this is understandable considering the time that’s passed. So, in the absence of this I need to consider the other evidence available to determine whether its likely Mr F authorised these payments or not. Having looked at his statements, I can see that each month Mr F received incoming payments to his account in the same or similar amount of the insurance premium taken by B.
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So, these disputed payments seemed to be funded by incoming payments from Mr F’s other account or his partner. I’ve also seen that on occasion the reference for the incoming payment mentions the insurance company name. During the period of the disputed payments there is evidence that Mr F was sent two letters from TSB, October 2024 and March 2025, informing him that the direct debit payment had failed. These letters were correctly addressed, and Mr F hasn’t disputed receiving these. But there is no evidence that Mr F complained about the direct debits when he received either of these letters There is also technical evidence that shows that Mr F had logged into his TSB online banking during the year. And as these debits were taken out each month, I think Mr F would’ve noticed these and complained about them sooner, had he not authorised this direct debit. In response to the investigator’s initial outcome Mr F says as there is no evidence that he entered into an insurance policy with B, so there is no evidence he consented to these payments. However, usually a bank won’t be given a copy of any subscriptions or policies relating to any direct debit mandates, that would be something B ought to be able to supply. TSB’s responsibility is to register direct debit mandates and provide relief via the direct debit guarantee in the event that there is an error with a direct debit amount or frequency. The fact that I have not seen a signed direct debit mandate here means I have to rely on the other evidence that is available. And based on the evidence that is available I am persuaded these payments were authorised. I’ve also seen an extract from an email from B to Mr F saying his policy had been cancelled. However, as there is no policy number on this or direct debit amount, I can’t say that this likely relates to the policy Mr F and the direct debits he is complaining about. Therefore, I am still not persuaded these payments were unauthorised, so I won’t be asking TSB to do anything further. My final decision I am not upholding this complaint. Under the rules of the Financial Ombudsman Service, I’m required to ask Mr F to accept or reject my decision before 26 May 2026. Sienna Mahboobani Ombudsman
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