Fraudulent use of signature?

[dpjg3982]

I have entered into a DMP and was advised to cancel all payments and to forward all corresponce.

I have had no correspondence from one of my creditors who I have been paying £40 a month by monthly debit card payments.

I looked at my account today and saw £200 paid out via standing order to this company. After phoning my bank, I was advised that on the 22nd of Jan a standing order was set up with my signature as authorisation. Is this legal? Is there anything I can do?

[jed52]

Yes, cancel it. Get in touch with the DMP and ask them whats going on.

jed

[Hardupnotfedup]

Report it to the Police straight away, and also make your bank aware. These people think they can do what they want, also if that £200 has caused you to accrue charges don't forget to get them back. It is theft pure and simple.

[dpjg3982]

I contacted my bank who have advised that they will send me a copy of the signed standing order and to visit my local branch

Spoke to the said company and they said they wasn't aware, had written to my sister as they had heard nothing from me and will now add to their system so this wont happen in future

They said they had the right to submit original standing order mandate with my signature but that was for 40 off a debit card which I have since changed

[jed52]

Theres something dodgy going on there mate. Get some digging done.

jed

[dpjg3982]

Any advise on where I could start? I will hopefully receive copy from bank but after speaking to them on the phone they are saying got my signature therefore it's real and its my problem to take up with the company

[jed52]

Who actually sent the instruction in to the bank? You said the DMP was not aware of it......well somebody is, so who is it?

Could this be a cut and paste job done by somebody, maybe the DMP. After all they get a percentage of the payments dont they? Or have I got that wrong?

jed

[DonkeyB]

A standing order is exactly that - it is an order for a FIXED amount. Only a Direct Debit can be varied by the originator. This verges on fraud. Let the bank know what the originator has told you - they should act on your behalf. But yes, do call in the police . This is theft.

[dpjg3982]

The company have advised me that they filled out the form and used my original signature.

I have received copy from my bank and my signature is on there with date of 11th August and the wrong bank address

Although I live in croydon, my listed bank is in beckenham

[cashins]

The company have advised me that they filled out the form and used my original signature

 

What????

 

So are they saying that they happened to have a blank standing order which you had thoughtfully signed for them?

 

or

 

They filled out a blank standing order and copied your signature onto it?

 

David

[DonkeyB]

Fraud!!!! Police!!!

[Bazooka Boo]

YES As above, go to the Police immediately and cancel this DMP, they are not going to act in your interests one little bit.

They will not do anything for you that you can't do yourself, so get rid of them, and make a formal complaint to them using their own complaints procedure.

Absolutely ridiculous.

It is clear cut fraud, and they should have their licence removed!

[dpjg3982]

Reading the above I'm not sure whether I have explained this properly

The company who have taken the money is the original creditor not the DMP

I contacted the crditor myself to explain I am entering into a DMP and gave the contact details and my reference number for future correspondence.

As the creditor are claiming they have not heard from my DMP or myself, they wrote a letter to my sister stating that I owe them money and have done a runner therefore they need her help to track me down which she sent back stating sort it out yourselves, this has nothing to do with me.

The original repayments were made by monthly debit card payments however as I had since cancelled that card after entering the DMP,

The following day they submitted a standing order form to Natwest wITH my correct bank a/c number & sort code, the wrong bank address, as I live in croydon they presumed I am set up with them however I am set up in Beckenham which is nearby, changed monthly payments to monthly £200 instead of original monthly £40 and have used my signature with a date of 11th August which I can only presume was when I made the original application.

When I questioned them yesterday they said this was correct that they filled the form out

[DonkeyB]

But - and this is the crucial point: did they have a blank standing order form with your signature on it? Or have they copied your signature on to a fresh form?

[Revenant]

There are some ineteresting and possible points for recourse on this website . .

 

Direct Debit help centre

 

The bit that caught mt eye was about Advance Notice Details whereby you should be told in advance of the date/ammount of money being taken, it seems that if a payment has been taken that doesn't correspond with that notice either by date or ammount you can under the Direct Debit Guarantee ask for "An immediate refund"

 

So here it is as I see it, if they have taken this inflated ammount without telling you first they are in breach of the conditions laid down in the DD Guarantee so go get your money back and lodge a complaint

 

Good luck

 

R

[kiptower]

OP is saying its a STANDING ORDER not DIRECT DEBIT

[Revenant]

Sorry picked up on the "Debit Card" aspect

Specsavers here I come

R

[dpjg3982]

They first advised that the accounts dept would have just re-submitted the original form then when saw a copy and questioned them I was told that they filled the form out themselves.

There was never a standing order set up only card payments

[woody1066]

As previously stated:

 

Fraud!!

 

Police!!

[Huff&Puff]

Just to reiterate:

 

Fraud!!!!

 

Police!!!!

 

And report them to Trading standards, the OFT, and the FOS too. This is absolutely disgraceful behaviour - they must not be allowed to get away with it. Not just for your sake, but for the people who come after you too.

 

Which organisation did it?

[Bazooka Boo]

OK, so if it wasn't the DMP who took the money are you saying that one of your creditors or a Debt Collection Agency took the money by filling out a standing order mandate with your signature on it and presented this to the bank, and the bank then honoured the payment?

 

If the above is correct, then this is a definite case of fraud and you still need to go to the police over it, inform your bank what has happened at that you have reported the matter to the Police who will be investigating.

 

Next who is the company prepared to commit fraud and allow themselves to be sued and put out of business?

 

From what I can gather your saying is that, you did not ever sign a standing order mandate for the sum of £200?

If not this is relatively easy for the Police to investigate aswell as other organisations, such as OFT, TS, FOS etc.

[dpjg3982]

The company in question is called cheque book loans registered in St Albans.

I went to the bank this afternoon who put me through to the fraud team who have registered and will contact me in 7-10 days and gave them permission to contact the police so will wait to see what happens.

I did not at anytime sign a standing order form for 200 only agreed the payments of 40/month to be taken from debit card

I willtake your advise and report to mentioned authorities and see what they think of this situation

[spamheed]

Charge back the £200 and pursue them via the police.

 

As previously stated: A standing order is an order at the payees instruction, not for the beneficiary to change as they see fit - this is creation of a false instrument (forgery in old money) and fraud in any language.

[Huff&Puff]

Hmmm. If they have a Credit Licence it is well hidden.

 

There could be all round dodginess going on here.

[dpjg3982]

Hmmm. If they have a Credit Licence it is well hidden.

 

what do you mean by this?