Is this Theft or Fraud? Drakes; ****WON****

[lookinforinfo]

I made a first payment of £50 to Drakes bailiffs by debit card. now without my

permission, they have put through another payment for the rest of the outstanding debt. It has not yet gone through yet but it is in the pipeline.

If I can't get my bank to stop the payment before it goes through, can I report them to the police for theft-oris it fraud?

[Guest Zooman]

Yes report it to the police then go to the bank with the crime number and they will HAVE to stop it.

[lookinforinfo]

As the debit has not yet hit my account and I have left a message on Drakes

answerphone that I am aware of what is going on, they may cancel the amount

before it does reach my account. Then I assume there would be no crime?

[Guest NATTIE]

debit transactions cannot be stopped but it can be refunded with crime ref number

[smoorach]

if this money comes out of your account it will take at least seven days for them to put it back in so please beware and act quickly.

[dchotcar41]

Hello this is deception ie they are saying they are you by using your details without your consent you only let them take one payment, it is also worth noteing that they may have breached data protection by using your details when you did not permit them too i would report them to the police anyway even if they have cancelled the transaction, if your bank can show that it was applied for then cancelled then you have something to go on. i once had to deal with a shop retailer who did the same and they were actually charged by the police for theft. (Deception is a form of theft) who knows they may cancel the whole debt if you drop your case against them worth a try.

[lookinforinfo]

No such luck for me Dchotcar.

When I went to the police, they said that as a dca was involved, they can take no action!!! I am hoping I can put them straight after my court case. Drakes have said

in a letter to me that their guy did get my consent [fat chance] and they were standing by him. I suppose that he will also perjure himself in Court as it is only my word against his. I hope that I get a judge who can read between the lines or come

to the correct decision after weighing up the balance of probabilities.

[Guest NATTIE]

Did you sign anything other than for £50? Implied consent is a bit hazy

[gizmo111]

No such luck for me Dchotcar.

When I went to the police, they said that as a dca was involved, they can take no action!!! I am hoping I can put them straight after my court case. Drakes have said

in a letter to me that their guy did get my consent [fat chance] and they were standing by him. I suppose that he will also perjure himself in Court as it is only my word against his. I hope that I get a judge who can read between the lines or come

to the correct decision after weighing up the balance of probabilities.

 

What difference does it make who is involved?

[Guest Zooman]

That is not right they (police) do have to act. I will get Blue to post here he is a cop.

[Its WAR]

Sue them. I did (well Ross & Roberts). Its really satisfying. Especially when they turn up and lose rather than cave in early.

[blueskies]

I believe they will have committed the offence of Obtaining Money Transfer by Deception, one of the offences under the Theft Act 1968. I would go back to the police as, unless there is a court order authorising such payment, they would have to investigate, DCA involved or not. Also check everything that you have signed to see if there is anything that authorises the transfer.

[pugsley]

I just got a debit reversal on my account, so it must be possible to reverse this.

[amartin1908]

make sure that there is nothing in the small print to say that they would be automatically debiting your account.

[rambo]

Another case of a bailiff taking the p*ss.

They are a law unto themselves and nobody seems to do anything about them.

[lookinforinfo]

Hi everyone-thanks for your input.

 

I gave them my debit card details over the phone for the £50, so they then took the rest two days later and had the cheek to send me a receipt saying that I had also

done it over the phone!

They have written to me confirming that the lying t..rd did receive my confirmation.

Wonder if he will perjure himself?

 

I have nothing in writing for either transaction, so it would be my word against his.

As I have a summons on the way to them, is it worth it to try the police again?

[Rich44]

What is it with the bloody police these days its so hard to get them to do anything must be something about having civilians answering the phones and manning front desks everytime I call the police I get told sorry we dont deal with that or sorry we have no powers to deal with that, it's crazy.

 

Get back down there and tell them you want it reported and you want an incident number its nothing to do with them being a DCA its to do with them taking an unauthorised amount under customer not present.

 

I would also cancel your cards too if the slimy turds are gonna play like that how do you know what theyre going to do next.

[Its WAR]

Read the small print and if there is a clause allowing them to take your money, it may be an illegal clause and subject to Unfair Contract Terms Act. Also, get a transcript of the phone call (all calls are recorded for training purposes....). This will give you all the ammo you need to prove their criminal offence. Then just issue a big claim and settle for whatever you can get.

[lookinforinfo]

There is nothing in the small print. They have justified their action by saying that

I gave them permission to take the money. Unfortunately I called them on my

mobile phone [pay as you go] so I don't think I can get a print out of the calls I made at that time.

Would they be stupid enough to keep a log of their calls when it is going against

them?

[falcon185]

It appears that they have deliberately committed or attempted to carry out a fraudulent transaction using previous details given by you for a previous payment. I agree that you should immediately report this to the police and insist that they take down your complaint officially. It doesnt matter who they are, they are not above the law. Dont be fobbed off by some desk flying front counter clerk insist on speaking to a police officer. The Police should make inquiries by set minimum standards of investigation as they have to do in all aspects of criminal complaints. Make sure you get the crime reference number and clearly state that at no time did you authorise any further payments by your debit card after the initial one you did make. The police can and should sieze any tapes in relation to the phone call payment you did make and any subsequent calls involving you and this DCA from the DCA. Most calls are recorded for training purposes but dont quote me on it.

I hope you manage to get this sorted, keep us posted.

[lookinforinfo]

Falcon, they did commit a fraudulent transaction.

When I went to the Police, the woman on the desk wasn't sure, but a PC said it was

theft. However she then rang up her sergeant who said that as it was a bailiff

there was nothing the Police could do!!!!!

I think Blue Skies was directing me to the Theft Amendment Act 1996 "obtaining

a money transfer by deception". Will go back to to the nick and try again. If

still they refuse, can I ask to speak to their Inspector for clarification of their

interpretation of the Law?

[gizmo111]

Falcon, they did commit a fraudulent transaction.

When I went to the Police, the woman on the desk wasn't sure, but a PC said it was

theft. However she then rang up her sergeant who said that as it was a bailiff

there was nothing the Police could do!!!!!

I think Blue Skies was directing me to the Theft Amendment Act 1996 "obtaining

a money transfer by deception". Will go back to to the nick and try again. If

still they refuse, can I ask to speak to their Inspector for clarification of their

interpretation of the Law?

 

I am pretty sre you could - it was taken from you without authorisation - can't see that it matters who it is

[Rich44]

Thats just rubbish so anyone who's a bailiff etc can basically use your cards without your permission and there's nothing anyone can do? What a load of utter poo!

 

Get back down there tell them theyre wrong and if they give you all that again ask to speak to the duty inspector and give him some over it

[Stopthethieves]

By the way, I take it you have been to your bank and reported a fraudulent transaction on your account and asked for your money back?

 

It would be upto them to prove you authorised it, not the other way around!

 

Regards

[lookinforinfo]

Just got back from the Police station-still no go.

They say that as the money was owed to the bailiffs, it cannot be theft. They are

withdrawing money that belongs to them.