Bank Account Empty !

[ooberj]

Re my previous post. Equita have taken money from my wifes bank account £500 without any permision to do so, bank cant stop the transactionand we now cant afford to live for the month. Do we have anything we can do?

[scatz1972]

Surely if you never agreed/permitted the transactions then you can ask for a chargeback on the transactions.

 

I found this in the consumer wiki Bailiffs: Get The Bailiff to Pay Off Your Debt - Consumer Wiki

 

perhaps not all of it applies to your problem, but sections of it may help you to get your money back.

[ooberj]

she paid them 200 two weeks ago over the phone and said she would call when we had the money, having looked on here we realised it would be better to get the debt back to the council and that was the plan and pay of asap. We did not notice that the money was gone until my wife tried to buy our food. Gutted and feel sick that they could just take it upon themselves to take money without permision. Wife is in tears

[chris600uk]

They can't just take money without your permission, that's fraud, it's not a civil matter it's criminal.

 

Get a mod to merge your posts and keep adding to the same thread otherwise it gets confusing, and you haven't answered the questions I posted on your first thread, they are relevant to your situation because if they have taken money that they had no right to take then they have committed theft.

 

If money had been taken from MY account without my permission, I would be making a complaint to the police, unless there's something you haven't mentioned?

[chris600uk]

Gutted and feel sick that they could just take it upon themselves to take money without permision. Wife is in tears

 

They can't.

 

As for the bank? If a fraud has been committed then they should be acting, and you should be telling them that you hold them responsible and if the money is not recovered by the police that you will recover it from them.

 

That's what I'd be telling them if it was me.

[ooberj]

We have signed nothing, My wife panicked when she saw a folded piece of paper that had been put through the door saying that removal of goods would take place in 24 hours if balance not paid in full, she called the baliff and said that she could manage to pay £200 but was not possible to pay full amount because we just dont have it. He said that he would come round at the weekend and remove goods. She gave him her card details to make a payment of £200. In the meantime we had done a bit of reading on this forum and realised that this guy was talking bull! and so we had used the draft letters to send to baliff company (equita) and to Liverpool council saying that we had been making payments but were not happy with the way baliff ahd been treating us etc etc.

 

Yesterday we wnt to Asda to get the shopping in and her card declined when we got home £480 was missing from her account, and believe me she has every last penny accounted for so this was a shock and at this time we did not know who had or what had happened. To be honest TSB were not helpfull they just said that we had used our card which we had not. Eventually we got through to the credit system and they told us that we had put through a debit transaction for 480 but as yet they could not tell who it had been paid to, all they would say is that if you have given some one your card details you didnt't have a leg to stand on. again at thgis time were un aware that it was the baliff.

 

Just after 11pm last night the online statement updated and there it was Equita had without permission taken the money. Yes my wife gave the card details but for a 200 transaction on a previous date and they have banged though the rest of the debt on the last day of the month.

[chris600uk]

Yes, go to the police station and report a fraudulent card transaction.

Tell the bank the same.

 

 

And don't ever pay a bailiff directly ever again.

 

That's what I'd do.

[tomtubby]

Yes, go to the police station and report a fraudulent card transaction.

Tell the bank the same.

 

 

And don't ever pay a bailiff directly ever again.

 

That's what I'd do.

 

 

This is happening so very often and unless people start doing something about it then bailiff will continue making unauthorised transactions from an account.

 

Debtors are making life EASY for a bailiff as they will continue paying a bailiff in cash without receipts, over the telephone without anything in writing etc and resorting to dealing with the bailiff over the mobile phone.

 

PUT EVERYTHING IN WRITING !!!! That way there is a "paper trail" as proof. This bailiff, I am CERTAIN will simply say that a payment was made of £200 and that he either received another call to advise him to take a further payment or that this was the agreement made at the time of the original call.

[ooberj]

Spoke to Equita they were very rude and snotty until I mentioned that I was going to the police and that the TSB fraud section were looking into this. I Have to email whats gone on to them tonight. My wife called the baliff and asked why he had taken money wihout permision, He said that she had agreed to pay at the end of the month, I know for a fact that she never said a thing its his word against ours is it worth going to the police with? will they take his word over ours ?...

 

Oh forgot his words were , well if you did't have the money the transaction would have failed, Yes the money was there but the Mortgage, water etc have all just bounced !

[hallowitch]

who have you to e-mail police bailiff tsb

 

 

just a thought to try get your money back a.s.a.p

when your phone the bailiff do you get the all calls recorded message if you do i would tell the bailiff you will sending them an s.a.r.for the transcripts of the calls and will be using this against them in your action against them for fraud/theft and a form 4 complaint as it will clearly show you did not give them permission to take £500 from your account you will also be asking for any charges for failed D.D. payments because of there action's

 

it may be worth a try i wish there was more i could do to help you this is shocking

[questioning]

If possible an update on this would be good,

[ambershadow]

OMG This is so bad

Not only do they say anything to get the money it now shows they will do anything too

I am sorry you have had this and hope you do report to the police

[smee76]

Disgusting behaviour by the bailiff, but no longer surprising.

 

The sooner these mindless thugs are put in their place by the government the better. Doubt it will ever happen tho.

[Mumof21985]

shocking!! I can't understand how these baliffs sleep at night, they are nothing but bullys!

[chris600uk]

Is there any news?

[Voxter]

shocking!! I can't understand how these baliffs sleep at night, they are nothing but bullys!

 

like any proffession...u get bad eggs.

[jed52]

Cancel Your Card....they Will Do It Again

[chris600uk]

Whenever a company wishes to take payment over the phone for any product or service, they make an application to someone like Barclays merchant services.

They are charged a percentage of each transaction, and the percentage they are charged is based upon the level of authorisation needed before each transaction is accepted.

 

When I last made an application, their representative was very clear, he said that it was easy to get the service but not so easy to keep it. The card services have very strict policies about disputed transactions.

 

Think of it this way, if every time we made payments over the phone (to anyone), and had to accept the risk that that person might attempt to take money from our account once they had details of our credit card -- we would very soon cease using that service. The merchant services dependent on our confidence in their system.

 

So in a very long winded way, I'm trying to explain that although it may seem easy for someone (in this case a bailiff) to abuse the merchant services system, if there are enough complaints card merchant services will withdraw the facility, or, apply punitive charges to the account to deter their client from allowing it to happen again.

 

That's why you have to take the trouble to do something about this, you have to make a fuss in writing no matter what they say to you.

 

Good luck,

Chris.

[ooberj]

Ok just got a reply from equita .

 

They are adamant that we agreed to pay the debt. and that the bailiff would not have suspended recovery unless told not to do so .

 

They believe that it was dealt with in a profesional matter and that they believe they did not break the law. they will be putting the funds back in my wifes account but now refuse any form of payment plan.

 

At the botom of the letter it says

Coulcil tax debt - 793.59

Recovery costs - 244.50

 

 

Surely those costs are a bit high can anyone advise please !!!

[jed52]

As I said earlier cancel the card so that no more payments can be taken from it. And NEVER give card details to a bailiff, or a DCA. They will fleece you. Go to the council and make a payment, they cannot refuse a payment from you, even if the account is with the bailiffs. Then make the same payment on the same date every month. It will look good on your record if you keep these payments up, even if you are in arrears. It shows you are willing to sort the problem out.

Next, challenge the bailiffs fees. If they have taken any money from you for fees, demand the money back. Nobody is obliged to pay bailiffs fees. S.A.R. them if neccesary.

Next, dont contact the bailiff again. They could call at your house for removal purposes but dont let them in. They normally check with the council before they make a visit, to see if any payment has been made.

I have done all the above, (except the payment by card bit) and it has worked for me and is still on going, and I have not heard anything at all from the bailiff. So good luck, and chin up.

[tonycee]

They believe that it was dealt with in a profesional matter and that they believe they did not break the law.

Then they should be able to prove, in writing, that permission was given to take the money in the first place.

If i gave you permission to drive my car today, would you come back later and say i gave you permission to take it when you wanted to. ?

 

they will be putting the funds back in my wifes account but now refuse any form of payment plan.

This is good news. And in my opinion an addmission of guilt.

Its even better news that you now know you dont even have to speak to them, let alone pay their extortionate fees.,

 

At the botom of the letter it says

Coulcil tax debt - 793.59

Recovery costs - 244.50

Stuff their costs.

 

Surely those costs are a bit high can anyone advise please !!!

Pay the council direct.

 

I hope you get things sorted soon.

 

Another classic example of why people, EVERYBODY, should have NOTHING to do with the bailiffs, EVER.

 

They have NO POWERS and rely on fear and intimidation.

[ooberj]

I hope you get things sorted soon.

 

Another classic example of why people, EVERYBODY, should have NOTHING to do with the bailiffs, EVER.

 

They have NO POWERS and rely on fear and intimidation.

 

 

So are you saying I should ignore equita now and deal with the council?

The wife will start panicking again

[tonycee]

So are you saying I should ignore equita now and deal with the council?

The wife will start panicking again

 

Thats EXACTLY what i am saying. If they have never been in your house, and in your own words

We have signed nothing

 

there is NOTHING they can do except throw their toys out of their prams.

 

Hand them this letter if they return. Tell them you now know your rights, and tell them where to go.

 

Template letter: Hand to bailiff at the door

Revokes a walking possessions fee

Amend as required

YOUR ADDRESS

LINE 2

LINE 3

POSTCODE

To: [NAME OF BAILIFF]

[DATE]

BY HAND

Dear Sir/Madam

 

Re: Your Reference

 

[NAME OF] Authority appears to have instructed you to recover [COUNCIL TAX ARREARS/PARKING TICKET/DESCRIPTION OF DEBT]

 

This notice directs that you are not being given entry to my home or to levy goods contained within. This notice revokes your entitlement to charge a Walking Possessions fee. Please be advised that if your fees are found to contradict [Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992/ Schedule 1 of Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993] and you may be liable for criminal prosecution under section 1 to 5 of Fraud Act 2006, and I will automatically file a Form 4 complaint at your certificating court.

 

 

I confirm I am not refusing to pay this debt and I will pay the money direct to the council.

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, if a bailiff threatens me with getting a locksmith without a levy or tries to break & enter my home, I will automatically make a complaint to the police and the bailiff may receive a criminal record and will not be allowed to continue trading as a certificated bailiff.

 

Please provide me with a breakdown of your fees and pass them through the letterbox

 

 

Yours Faithfully

YOUR NAME

CC The Council.

[tonycee]

P.S Make sure the money is back in your account first.

[ooberj]

Money is now back in account and letters printed, so do I just send a cjeque to the council for say £50 every month saying that this is a payment of my council tax for year 06