HELP DCA Taken money from my account!

[Agent Mulder]

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.

 

Not always true. I have had criminal complaints pursued against insurance companies for various acts of fraud. No entity is immune from prosecution and it is always possible to commence a private prosecution. If you report a suspected theft to the police, they must follow it up. If no action is taken, then lodge a complaint through the proper channels. If you write to a senior officer setting forth in concise language the nature of your complaint, then it will be looked into. DCAs are, despite what they would have us believe, accountable for any breach of the criminal law.

[Alex_DeLarge]

Not always true. I have had criminal complaints pursued against insurance companies for various acts of fraud. No entity is immune from prosecution and it is always possible to commence a private prosecution. If you report a suspected theft to the police, they must follow it up. If no action is taken, then lodge a complaint through the proper channels. If you write to a senior officer setting forth in concise language the nature of your complaint, then it will be looked into. DCAs are, despite what they would have us believe, accountable for any breach of the criminal law.

 

I agree, it would be the wrong thing to do to just sit back and let them get away with it, they are probably doing it to many, many others and if no body complains they will carry on regardless.

[Bazooka Boo]

Not always true. I have had criminal complaints pursued against insurance companies for various acts of fraud. No entity is immune from prosecution and it is always possible to commence a private prosecution.

Well said...it is quite feasible that hundreds of people have been defrauded in this way, but, because the organisation is either a Bank or a large retail outlet, etc, they have never thought to question it in the past. I am of the view that because I give say, TV licensing my bank details or card details one year to pay for my licence, that does not give them the right to automatically take the same amount or any other amount from my bank account without my express permission. I may be completely wrong, but the way I see it is that it is no different than having your credit card details "skimmed" at a cashpoint by theives, therfore it is a criminal offence which does carry a maximum sentence of 5 years.Card Watch - Card Fraud Prevention - Home

 

Fraud Act 2006 (c. 35)

 

 

Theft (Amendment) Act 1996 (c. 62)

Edited February 6, 2009 by Bazooka Boo
Further Info..

[blueboy987]

You're not going to get anywhere if you go down the fraud / criminal activity route, though feel free to waste your time, effort and energy if you want.

 

You've got a better chance of causing them problems if you target their merchant card processing facility. Charge backs are not good news for anyone who accepts credit / debit cards, if they start getting too many it will result in higher processing charges and in a worse case scenario the loss of the facility. It doesn't matter whether they win or lose the charge back, just the filing of a charge back counts against them.

 

If you can find out who their merchant card facility is with, make a complaint to them as well. I'm not aware of how you'd find this out but you could always ask your bank or credit card company when you make the charge back complaint. Though there aren't many actual providers of this type of facility in the UK, chances are it will be one of the main high street clearing banks (Barclays, HSBC, Lloyds, Natwest).

 

The other route would be to make a complaint to the card scheme itself, ie American Express, Mastercard (which includes Maestro, Switch and probably Solo as well) or Visa, as they are the ones that set the rules. If they start getting a lot of complaints against someone who accepts their cards they are likely to investigate it further.

[***inca***]

Hi there

 

Some of you may remember this thread...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/181501-help-dca-taken-money.html

 

Well today I finally got a reply back from Barclaycard today, very apologetic letter but basically saying that as they have some passed the debt on they can't do anything to help me as they now have nothing to do with the debt.

 

They advised me to contact Citizens Advice and the FOS - I have contacted the latter but haven't heard anything from them, so am a little suspicious as to whether they have received my complaint against CSL.

 

Anyway, BC aside I have heard nothing from CSL. NOTHING!

 

My bank retreived the money back from them, so a small *yay* for HSBC there.

 

They took the money on 2nd February I think. No phone calls, no letters from them.

 

It's odd don't you think?

 

Anyway I just wanted to know what you guys think I should do now?

 

Should I write to CSL (bearing in mind I vowed I would have nowt to do with them) or should I leave it for them to suddenly contact me and get very nasty perhaps?

 

I really don't know what to do now, wasn't expecting that reply from BC to be honest, thought I would be able to now deal with them!

[mr.ton]

In what way did they take this money exactly?

Was there a SO or DD set up on the account or did they have your bank card details?

They are the only ways money could have been taken from the account.

If so..make sure all SO's & DD's are cancelled - also cancel your bank card & request a new one.

Did you complain to your bank? if so, they should be able to refund you the money.

[***inca***]

It says above what happened.... That my bank got the money back.

 

No DD or SO they took it from my card when they weren't meant to be holding my card details.

 

I just need to know what to do now.

[mr.ton]

Oh right ok...well in that case youve won effectivley coz you got your money back.

Just ensure they are not capable of getting 1 more penny off you without county court approval 1st.

Report them to the OFT & trading standards if you wish....

[babybear39]

As mr.ton advised, cancel your card or they may try again.

[***inca***]

I cancelled my card the minute after I knew they had done it, I am not asking advice about any of that, I am asking advice as to what happens now BC have said I cannot deal with them as the debt was passed to CSL.

 

Because of what CSL have done I do not want anything to do with them, yet I still owe this money.....

[mr.ton]

Do absolutely nothing until the day the DCA ever takes you to the county court (which will be never)....only the county court has legal powers over you, DCA's do not.

So just get on with life as normal, ignore/bin/tell to get lost, any future DCA threatograms you might get & report this lot to the authorities like i told you.

[cerberusalert]

I'm going to ask one of the site team to add this to the original thread to stop any confusion.

[citizenB]

I'm going to ask one of the site team to add this to the original thread to stop any confusion.

 

Sorted

[the_shadow]

I am not entirely sure but I would have thought there actions have put you in a good position, I would think they'll have to tread carefully now as taking an unauthorised payment is not a small matter.

 

In fact as I understand it to take a payment as cardholder not present requires that they have confirmation from the customer that its ok to do this. Fraud I believe.

 

If they dont want things to come out in court later on then they will be treating you ever so politely.

 

Just my humble opinion.

 

S.

[cerberusalert]

Because of what CSL have done I do not want anything to do with them, yet I still owe this money.....

Unfortunately we can't pick & choose which DCA we want to deal with.....if only.

 

The best thing now is to wait and see what their next move is going to be.

[citizenB]

If CSL were acting as collection agents for Barclaycard then BC are still responsible for their actions.

 

However, I strongly suggest you make a complaint to both Trading Standards and the Financial Ombudsman.

 

Have a read of the thread in the following link.. it isnt very long

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162227-why-you-must-complain.html

[Stressed150]

OHMYGOD!!!! I cannot believe this.... the b****ds did the same to me....same DCA CSL, collecting on behald of Barclaycard!! I have telephoned them and they told me to put my complaint into writing, which I am in the process of doing and they will investigate this further....did U report to OFT and TS? I certainly will be as well, and I will be making a complaint with BC regarding the DCA's they employ and the methods they use!