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Bailiffs set up direct debit illegal on fathers account


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Hi all,

Hope someone can help on this,....

I recently had a letter from th baliffs (MARSTON GRP) saying i owed for a parking fine some months ago.

No mention on the letter as to how much,..so i phoned them,recording the whole thing,..they sid i would have to write to them to ask how much!!

Bit odd..i then told them they had a legal obligation to inform me of the amount they wished to collect..suddenly they could tell me..

Fine £180

Attendance Cost £138.

Admin Fees £75.06

 

These costs are so imoraly high, so, I then managed to contact the bailiff that wanted to make the collection and informed her i had made an online payment in full for the ammount quoted on their online payment page of £198.77 (this being more like the true ammount owed).

I had asked my father to make the payment using his credit card.

I recorded the conversation with MS Scott the bailiff and told her that her costs were imoral and probably illegal and that if she or the bailiff company made any attempts to get this illegal cost that i would happily see them in court.

Today my father has noticed a Direct Debit has been set up on his account for £35. to CPP.

I know this is illegal and will be contacting the bank to have this stopped and refunded, THIS IS MY FATHERS BANK ACCOUNT>NOT MINE.

I have spoken to the police but they sem unsure of their position,...SO___does anyone know what i should do next?

Thanks

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Hi ozric.

 

That's a bit of a bummer!

I'll move your thread to the Bailiffs Forum where you should get more specific help,

 

Regards, Rooster.

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Thanks for the reply

My thoughts exactly..waiting till the morning and then lots of calls to as many people as i can think of,..The police (ahhh bless 'em) didnt seem to understand what the law says about theft from an account, so they've asked me to ring back tomorrow and tell them what i've found out,.lol

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Get your father to cancel his card with his bank stating fraudulant transaction.

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When your father made the payment did he give his bank account details, ie. sort code and account number, or card details.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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nope ...says DD

 

That's good- the bank will refund it. Make sure the bank is aware of the circumstances in detail.

 

As for complaining, I agree with the other posters. Trading Standards and the OFT for sure. I'd also complain to the local authority that issued the parking fine (they are responsible for the conduct of their agents- if they don't do anything make full use of their complaints procedure to tie them up so that they think again about using these ****) and even the police. What this low life did was theft and he deserves to have his collar felt.

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Guest Happy Contrails

Fine £180

Attendance Cost £138.

Admin Fees £75.06

 

....

Today my father has noticed a Direct Debit has been set up on his account for £35. to CPP.

 

Get a refund under the Direct Debit guarantee, the bank can also suspend Marstons direct debit originating account. Very serious breach of trust.

 

The law prescribing bailiffs fees for unpaid parking tickets is Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993 It provides £28 to be charged for an attendance and £11.20 for a letter.

 

The law does not provide for anything called 'Attendance costs £138'. I suspect the bailiff has cheated you with his fees. A simple Form 4 complaint will fix that.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

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how do i move thread?

 

You can't. Only the Site Team (Moderators) can.

 

If you scroll to the top of the page, you'll see that this thread is now in the Bailiffs Forum.

All done for you, and you didn't even have to put your coffee down. :-D

 

Regards, Rooster.

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Hi Seminole, good to see you back.:cool:

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MANY MANY THANKS PEOPLE

I KNEW they were3 acting illegally.Can't wait to drag their sorry **** through the court/bank/oft/ts system..Will definitely be keeping you all informed of progress.

Any more ammunition gratefully received

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Will definitely be keeping you all informed of progress.

Make sure that you do. There' nothing we like better than a success story. Good luck.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Hi Ozric,

There's also a really good post by Tomtubby which might be useful to you:

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/115030-how-complain-court-about.html

 

Hope this helps,

Elsa x

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CPP and £35 are you sure that is not a Card Protection Policy or CPP?

Card Protection FAQs - Insurance for Stolen and Lost Cards - CPP UK

 

For the love of god, I wish I had spotted this thread earlier. It's nothing to do with the bailiffs.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Guest Happy Contrails
Hi Ozric,

There's also a really good post by Tomtubby which might be useful to you:

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/115030-how-complain-court-about.html

 

Its an excellent post but the vital information is missing.

 

The complainant needs to phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 (their new number) and ask which court issued the bailiffs certificate.

 

The complaint (Form 4) form is also publicly available.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

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When your father made the payment did he give his bank account details, ie. sort code and account number, or card details.

 

For some reason, this question still hasn't been answered. To set up a direct debit, the bailiffs would have had to obtain the father's bank details (different from card details). They could only obtain these if the father (or someone else connected) has supplied them.

 

How about clarifying this ozric.......

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For some reason, this question still hasn't been answered. To set up a direct debit, the bailiffs would have had to obtain the father's bank details (different from card details). They could only obtain these if the father (or someone else connected) has supplied them.

 

How about clarifying this ozric.......

 

Bailiff DID NOT set up the DD. I have told you that CPP is Card Payment Protector. It is a coincidence.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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