HELP DCA Taken money from my account!

[angel_1]

hiya well maybe to stop any further payments, ring your bank and say your card has been lost somewhere in the house you think , and best they cancel it completly and get a new card out to you asap

 

this way i believe it will be a new card number and should the company try and get more money they wont as it will be no longer in use

 

thats what i did when before i got involved in cag, mbna were taking out monthly amounts for when i agreed only 1 payment with them.

 

then destroy your card in a million peices

 

take care dont let them take your money like this, this is even worse than direct debits that come out on different dates, which annoys me madly, and thats why i like my standing orders better

 

laters angel x

[Us versus Debt]

I had something similar happen to me with an unauthorised amount that put my account into deficit. Don't take for word that you have to wait for that long. for the money to be put back in. Mine was with abbey and once got through to the right person, they were quite good After I spent about an hour on a (frepehone) call, I finally got to someone who credited my account immediately as I had no money left with no overdraft over something I did not authorise. Mine was with daf.

[Feebee_71]

What I would also do is to take a letter into the local branch of the bank today, with a simple letter for them to sign confirming receipt of your letter, stating that, under no circumstances are they to set up any form of payment plan to this company.

 

Then, if you want to set up a replayment plan to the OC at some point in the future you should do it by standing order which you have complete control over.

 

I hope this makes sense,

 

Feebee_71

[davey77]

This stinks. Nice to see the Bank will refund the money. Hopefully that should go through.

 

I would do as stated and phone the police. They won't be interested or take any action but it will give you a crime reference number.

 

Once you have that number write to HSBC quoting it and stating formally that you have never given permission, verbally or in writing, for CSL to withdraw funds in such a way and thank them for acting diligently in stopping any further fraudulent transactions by CSL and returning the monies taken from your account without your permission. (I say 'thank them' as sometimes it can prove useful to write in such a way.)

State that you will co-operate fully with any investigation they begin and that you have a crime reference number from the Police and that you have also informed the OFT.

 

I would write to CSL stating you will no longer communicate with them or reply to any further letters on the basis alone that you refuse to deal with a company that apparently is involved in theft and criminal activity. (If they view that comment as libel then tough. You added the 'apparently' remark and they are not going to take you to Court over it as they won't want the detail of their actions to get too much publicity.)

Quote the Crime reference number to them and state any further correspondence will be read and filled but not responded to but, on Legal Advise, will be retained as evidence for any future Court Proceedings.

 

If Barclaycard are still the legal owners of the account (and have not sold it outright to CSL) then i would write to them, stating that they are responsible for the actions of any DCA they appoint, give them copies of the letters you have sent to HSBC, CSL and the OFT complaint as well as the crime reference number.

Tell them you will no longer deal with CSL directly in any way, the reasons why, and state that should they object to this course of action then they are welcome to start Court Action for non payment. Whereby you will counter claim for damages and attempted fraud and considering they have not supplied an enforceable and valid agreement as per the CCA1974 they would not have a strong case along with the attempts of CSL to 'apparently' steal funds from your account. Under such circumstance you will also enlist as much media attention as possible in your belief that the fraudulent measures used by CSL, in your opinion, (and therefore sanctioned by Barclays by using an untrustworthy and disreputable Debt Collection Agency) are in the public and national interest.

[***inca***]

Davey, will you marry me?

[davey77]

Davey, will you marry me?

 

If you are as cute as your cat it's a distinct possibility!

[***inca***]

Hahaha!

 

The first CAG wedding... fantastic!

 

Getting back to *ahem* matters in hand I have just spoken to Thames Valley Police (groan).

 

They will not give me a crime reference number as they have said it's a civil matter and not a criminal matter. They have said that this is because I have given them permission in the past and that I am having dealings with them with regard to the debt itself.

 

They suggested (haha!!) that I go to CAB.

 

I am going to write to everyone you have said above and see what happens.

 

I am having nothing to do with CSL from now on, I know that much!

[davey77]

Withdrawing funds from an account without permission is potentially criminal behaviour in my view. The police are making assumptions that because of past dealings with the organisation in question they have your permission.

 

Where is the proof? Where is the evidence of permission given?

 

The Police stink.

 

I would write a formal complaint to your local constabulary. It may be the case they are less complacent when replying in writing as that is proof of what they have said.

[***inca***]

Withdrawing funds from an account without permission is potentially criminal behaviour in my view. The police are making assumptions that because of past dealings with the organisation in question they have your permission.

 

My thoughts exactly.

 

If someone has taken something of mine without my permission in my eyes it is theft.

 

She did sympathise with me, but said there was nothing she could do.

 

I tried expalaining that on previous occasions I had given them permission to take monies from my account, but that was only when I was on the telephone and giving them the card details!

 

Madness.

[cerberusalert]

I'd make a formal complaint to the 'Police Complaints Authority' Making a complaints to the IPCC & your MP.

 

Withdrawing monies from your account without your express permission is theft pure and simple. Any previous transaction does not give implied authorisation for them to take future amounts. If it did supermarkets, garages and anyone else who had been given debit card details in the past would have carte blanche too! :mad:

[cerberusalert]

I wonder which part of THEFT the police are unclear about?

 

Definition = In criminal law, theft (also known as stealing or filching) is the illegal taking of another person's property without that person's freely-given consent. As a term, it is used as shorthand for all major crimes against property, encompassing offences such as burglary, embezzlement, larceny, looting, robbery, mugging, trespassing, shoplifting, intrusion, fraud (theft by deception) and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny.

[Bazooka Boo]

Well, I just checked my bank account and the b*****ds have taken £50 out of my account today!!!!!!They are not meant to hold my card details, let alone take a payment without me being on the phone giving them my card details!Is there anything I can do, this is theft surely?

 

Inca, as you have reported this to the bank, and ordered a new card, it is up to them to report the matter to the Police under the new Fraud Act 2006:Fraud Act 2006 (c. 35)

Take a look at this site:Card Watch - Card Fraud Prevention - Home

CNP (Fraud Card Not Present):Cardwatch Online: Increases awareness of card fraud and how to prevent it ...

 

My only question being, do you still sign for your transactions or do you enter a pin? I only ask as I have had to have my card changed back so I sign for each transaction, however not for online shopping. If, as I suspect, they have stored your card details, then under the new Fraud Act they have committed the following offences:Fraud Act 2006 (c. 35)

 

Fraud Act 2006 (c. 35)

 

Fraud Act 2006 (c. 35)

 

Fraud Act 2006 (c. 35)

 

And as they are all criminal offences, and can lead to a custodial sentence you would be wrong in assuming that it is a Police matter, it isn't. With the new Fraud Act the onus is now on the banks to bring legal action against these companies, and to investigate any trends, leaving the Police to their tea and donuts!

Fraud victims told: Go to the bank, NOT the police| News | This is London

Hope this may be some help, reporting it to the OFT, aswell as the FOS:our complaints procedure and how to complain

might be the ammunition they need to revoke their licence.

[***inca***]

I know, I can't understand it either.

 

I said all this to her and all she kept repeating was that it was a civil matter not a criminal one.

 

Typical Thames Valley Police!!!!! Can't be bothered to get up off of their arses and do anything.

 

She sounded all of 12 as well.

[cerberusalert]

I said all this to her and all she kept repeating was that it was a civil matter not a criminal one.

 

So if a DCA/Bank rob you it's a civil matter....vice versa it's a criminal matter? We're all doomed.....dooooooooomed!

 

[Bazooka Boo]

Also worth a look:Theft (Amendment) Act 1996 (c. 62)

[***inca***]

Inca, as you have reported this to the bank, and ordered a new card, it is up to them to report the matter to the Police under the new Fraud Act 2006:Fraud Act 2006 (c. 35)

Take a look at this site:Card Watch - Card Fraud Prevention - Home

CNP (Fraud Card Not Present):Cardwatch Online: Increases awareness of card fraud and how to prevent it ...

Will my bank do this automatically then??

 

My only question being, do you still sign for your transactions or do you enter a pin? I only ask as I have had to have my card changed back so I sign for each transaction, however not for online shopping. If, as I suspect, they have stored your card details, then under the new Fraud Act they have committed the following offences:Fraud Act 2006 (c. 35)

I use a pin for my transactions, haven't signed for anything in years.

 

Fraud Act 2006 (c. 35)

 

Fraud Act 2006 (c. 35)

 

Fraud Act 2006 (c. 35)

 

And as they are all criminal offences, and can lead to a custodial sentence you would be wrong in assuming that it is a Police matter, it isn't. With the new Fraud Act the onus is now on the banks to bring legal action against these companies, and to investigate any trends, leaving the Police to their tea and donuts!

Fraud victims told: Go to the bank, NOT the police| News | This is London

Hope this may be some help, reporting it to the OFT, aswell as the FOS:our complaints procedure and how to complain

might be the ammunition they need to revoke their licence.

 

All lord that all sounds fantastic, thank you for that post!!

 

I am going to sit down tomorrow afternoon and draft some letters to HSBC, CSL, Barclaycard and OFT/FOS... Just not sure what to say to all of them now you have posted all of this extra info.

 

My head is a whirl with all the letters I am having to write as it is! lol

[***inca***]

So if a DCA/Bank rob you it's a civil matter....vice versa it's a criminal matter? We're all doomed.....dooooooooomed!

 

 

LOL Loving it

[davey77]

I'd make a formal complaint to the 'Police Complaints Authority' Making a complaints to the IPCC & your MP.

 

Withdrawing monies from your account without your express permission is theft pure and simple. Any previous transaction does not give implied authorisation for them to take future amounts. If it did supermarkets, garages and anyone else who had been given debit card details in the past would have carte blanche too! :mad:

 

Good idea to try the IPCC. Can't let the Police fob people off like this. As said, if I took funds under similar circumstances the Police would prosecute and call me a criminal. A DCA does it and it's a civil matter and nothing to do with them. It's not on and we need to make a stand.

[willow1261]

So, are the police saying that if you had a friend who came to your house all the time, and you sometimes lent them the odd £10 on an occasional basis, and one evening they turned up and stole £3000 that you had left on the kitchen table. This is not a crime as you had lent money to them before and you were content to let them into your house on previous occasions. I DONT THINK SO!!! I would threaten that pc with a complaint unless you get the right advice. Nothing like a complaint threat to get their idle bottoms of their seats and into gear.

X willow

[Agent Mulder]

Hahaha!

 

The first CAG wedding... fantastic!

 

Getting back to *ahem* matters in hand I have just spoken to Thames Valley Police (groan).

 

They will not give me a crime reference number as they have said it's a civil matter and not a criminal matter. They have said that this is because I have given them permission in the past and that I am having dealings with them with regard to the debt itself.

 

They suggested (haha!!) that I go to CAB.

 

I am going to write to everyone you have said above and see what happens.

 

I am having nothing to do with CSL from now on, I know that much!

 

It sounds like theft to me. Taking someone's property (your money) with the intention of permanantly depriving you of it is theft as defined under the Theft Act. If the DCA used your signature to obtain unauthorised funds, they may be guilty of obtaining a pecuniary advantage by deception. The plod are just too damned lazy to act. They'd rather be out writing speeding tickets.

[Bazooka Boo]

Good idea to try the IPCC. Can't let the Police fob people off like this.

 

Reporting it to the Police and them saying there is nothing they can do about it is correct. Ever since the new Fraud Act 2006 was introduced it is no longer a concern of the police. But hey I'm all for complaining about the fuzz..just don't expect much back from it thats all!

[Bazooka Boo]

Will my bank do this automatically then??

 

Well the onus is on them to report it, whether they do or not is a completely different thing!

 

I use a pin for my transactions, haven't signed for anything in years.

 

Then that clearly points to a fraudulent transaction, you did not give them permission to use your card on that date at that time to withdraw money from your account.

I would freeze all future payments to this DCA until this is resolved, you must complain to the FOS online our complaints procedure and how to complain there is even a phone number you can ring to complain to them.

Consumer Direct is also worth a mention, I have found them to be very useful over the phone, with very good advice as to your next course of action, plus, they will automatically forward your complaint to Trading Standards, who in turn will investigate the DCA.

[Desperate Daniella]

I don't think anyone else has suggested this yet? Call the Financial Ombudsman and they will give you a reference number. Bcard took money out of my account as an offset because they had my debit card details from a previous payment. They paid it back as soon as they knew I had made a formal complaint.

 

If you phone your bank they say that you have authorised payments in the past to X company so they have to pay them if they make subsequent "raids" on your account.

 

Sadly, that wasn't the only time this happened to me. Goldfish once paid someone on an expired card, and then said that because I had given permission in the past to that particular company they were entitled to use the number again for another payment at any time in the future, even if the card was out of date. Goldfish -again - when they were owned by Centrica gave money from my account to British Gas to pay a disputed bill - and British Gas were (and may still be) owned by Centrica. I had authorised the undisputed figure and was quite clear that I was only authorising that figure. When I called Goldfish to complain about another £40-odd being taken and asked them to take the matter up with British Gas they refused to have anything to do with it - and it was only afterwards I realized they were part of the same group.

 

And people talk about the morality of any of us challenging our credit agreements.

 

DD

[Goldlady]

That is a good idea DD - perhaps if we had thought of involving the FO when LTSB did the same thing to us things would have been different. But then we might have paid LTSB back like good little people instead of telling them to get stuffed:D

 

Banks and morality do not belong in the same sentence.

[blueboy987]

All this talk of fraud, theft and criminal activity is just stupid. If you think the Police are going to take the complaint seriously and do anything about it, or that a bank is going to pursue legal action or that anyone will get involved you're living on another planet.

 

The simple fact is that even if someone did take action against them they will just say that you'd given your card details and they were of the belief you had authorised regular payments. There is just now ay you could prove any criminal or illegal activity.

 

All you should be worried about is getting the payment back. If the bank have refunded it, let it go - you're just causing yourself more effort and worry with no chance of getting anything back from it. If they haven't repaid it, keep on at the bank and if they still don't repay it make the complaints against the bank.