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    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
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HELP DCA Taken money from my account!


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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.

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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.

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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):cool:

Edited by Bazooka Boo
Further Info..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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.

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  • 2 months later...

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!

Never argue with an idiot, they'll bring you down to their level and beat you on experience ;)

 

Inca V Crapital One: Low monthly payments accepted - Paid

Inca V HSBC (Charges): WON - Charge reversed.

Inca V Barclaycard/CSL: Complaint sent after CSL illegally took money from my account. Dispute ready to send: Not heard anything since March 2009! Jan 2011 Rc'd letter from new debt collectors saying they have bought the debt. Joy!

Inca's Nan V Saga Card: Utter *****!! Low payments eventually accepted

Inca's Nan V MBNA: Low payments accepted

Inca's sister V Moorcroft: WON. Low payments accepted.

Inca's sister V Thames Credit: Nothing received. Dispute sent 08/01/09: Not heard a dicky bird since March 2009!

 

 

 

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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.

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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.

Never argue with an idiot, they'll bring you down to their level and beat you on experience ;)

 

Inca V Crapital One: Low monthly payments accepted - Paid

Inca V HSBC (Charges): WON - Charge reversed.

Inca V Barclaycard/CSL: Complaint sent after CSL illegally took money from my account. Dispute ready to send: Not heard anything since March 2009! Jan 2011 Rc'd letter from new debt collectors saying they have bought the debt. Joy!

Inca's Nan V Saga Card: Utter *****!! Low payments eventually accepted

Inca's Nan V MBNA: Low payments accepted

Inca's sister V Moorcroft: WON. Low payments accepted.

Inca's sister V Thames Credit: Nothing received. Dispute sent 08/01/09: Not heard a dicky bird since March 2009!

 

 

 

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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.....

Never argue with an idiot, they'll bring you down to their level and beat you on experience ;)

 

Inca V Crapital One: Low monthly payments accepted - Paid

Inca V HSBC (Charges): WON - Charge reversed.

Inca V Barclaycard/CSL: Complaint sent after CSL illegally took money from my account. Dispute ready to send: Not heard anything since March 2009! Jan 2011 Rc'd letter from new debt collectors saying they have bought the debt. Joy!

Inca's Nan V Saga Card: Utter *****!! Low payments eventually accepted

Inca's Nan V MBNA: Low payments accepted

Inca's sister V Moorcroft: WON. Low payments accepted.

Inca's sister V Thames Credit: Nothing received. Dispute sent 08/01/09: Not heard a dicky bird since March 2009!

 

 

 

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

 

Sorted :)

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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.

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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. :)

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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

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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!

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