Help!!! Are they allowed to do that ?

[Vicki_]

Hey i have just been told about this site so i'm new and not even sure if i'm posting this in the right place!!

 

I need some advice please.

 

I had a bailiff a letter through the door just before xmas about a debt that had not been paid, my ex was previously dealing with but is no longer with me.

I am on my own with 2 children and on benefits and explained all this to the bailiff, only to get a 'thats not my problem response' anyway i agreed to pay half of the debt, which i did over the phone. The bailiff then said he would ring me on the 28th dec 2010 for me to pay some more, i did not recieve any call from them.

 

I checked my bank account tonight only to find they have taken the full amount £241.91 which is just short of my fortnights benefits. I am left with £38 in my bank and havent even got food in which is where i was going tomorrow and get no money for 2 weeks.

 

Are they allowed to do that?

 

Grateful if someone can help please

[maroondevo52]

Hello and Welcome, Vicki.

 

I'll move this thread to the appropriate Forum where you should get the help your looking for.

 

Regards.

 

Scott.

[Vicki_]

Thank you!

[fork-it]

Contact your bank and ask for a refund, if this was a direct debit then you can ask for a refund under the direct debit guarantee.

 

If they swiped your debit card then you will need to complete a form and apply for a refund because the merchant bailiff drew money from your account without permission. They may have their terminal suspended and will have to lodge a deposit with the merchant service provider before they have it switched back on.

 

If this is a credit card then ask for a 'chargeback'.

[Vicki_]

Hey Fork-it,

Thanks for your reply, I paid my first payment to the bailiff over the phone with my debit card, thas where they've got my details from, so today they have just taken the rest themselves.

[fork-it]

You need to contact your bank and report an unauthorised transaction. They may ask you for a crime number, your local police force can give you one.

[Vicki_]

Thanks i'll conact the bank first thing....would it be better to ring them or go into the branch, will it make a difference?

[fork-it]

At the branch, and take lots of ID with you, 1 x photo ID and a recent utility bill with your address on it (not mobile phone). They will ask you to complete a form, and will cancel your current card and arrange to send you a new one.

 

Mention you are on a low income and this money is your lifeline benefits. Ask you are refunded as a matter of urgency.

 

The bailiff will pay a £60 transaction reversal fee, but they are liable for this because they agreed to pay it by contract (their merchant service agreement) if they are found to have made an unauthorised tranasaction using their online card terminal.

[Vicki_]

Hey Fork-it,

 

Right i'll do all that, thank you so much for all your advice

 

Greatly appreciated

Vicki

[caledfwlch]

So in theory, if we had a concerted campaign of people using the "unauthorised transaction" which as I understand it, is legally speaking, true anyway, if they have added their infamous "payment by card" fees, then in a few hours we could cause Bailiffs a very serious amount of money - not to mention potentially making them unable to take payments if the terminals are shut down.

 

Would this cost the individual bailiff's or the company?

 

If 100 people did this today thats £6,000 in fees alone for the Bailiff!

[seanamarts]

Was this a council tax debt?

[fork-it]

Would this cost the individual bailiff's or the company?

 

It costs the whoever is responsible for the Merchant Service contract, typically the bailiff company. The fee varies but Cardnet reversal fee is currently £60. Its debited from their card payments account before the balance is paid on to the merchants bank account.

 

Its more akin to Paypal charging a fee before you get the remainder of your ebay sales income.

[jimbo45]

Hi there

please post details of the Bailiff company as well -- it's time we got people like Rossendales and their ilk SHUT DOWN FOR GOOD.

 

Cheers

jimbo

[Vicki_]

Hey all,

 

Well i went to my bank today and done as advised, turns out they 'ARE' legally allowed to do that, as it is debt money...if it had been any other money then no it's not legal!!!

So there was not a thing i could do, but thank you Fork-it anyway

 

The bailiff was Jacobs

 

Vicki

[ashmk]

Total rubbish.

[Vicki_]

The bank gave me a number to ring....a dispute number, it was them that told me it was legal for them to do this, and the only thing a could do was go to trading standards if i felt i was misguided in anyway by the bailiff company by them telling me about their services. They said as far as taking money without consent...as i gave them my details for my initial payent they can take whatever they want because it's debt...and it's lawful.

[wonkeydonkey]

So does this mean that every time you make a payment to a creditor by debit card they are legally allowed to help themselves to your money whenever they fancy?

 

I think not!!!!! and I would be looking to question the Bank very closely over this and ask them to point me in the right direction to show me where I ever signed to permit such abuse.

 

WD

,

[fork-it]

I dont think its legal for anyone to obtain a money transfer from an account without the account holders permission. Otherwise its perfectly legal for me to debit my tenants cards whenever they fall into rent arrears.

 

Try the Banking Ombudsman.

[dx100uk]

do a chargeback and don't let them tell you you can't on a debit card you can

 

phone your banks card number and tell them its been lost too.

 

that will stop anymore such transactions.

 

dx

[jimbo45]

Hi there

I'd open another Bank account to stop this happening again.

Both TESCO and The CO-OP have basic bank accounts with Hole in the wall cards and online transactions available -- no credit check either.

 

Keep this account secret from any DCA etc -- these accounts are often called "Parachute Accounts".

 

AFAIK NOBODY can take money from your Bank account unless its done via a Court Order -- The Inland Revenue (Income Tax) might also have some powers but even then they go to Court first.

 

The BANK is in ERROR here -- get the money refunded and STING THEM for hassle, incovenience, stress etc etc etc.

 

If you've got a DIRECT DEBIT arrangement then unfortunately the person receiving the money can alter these at will which is why I advise people NEVER EVER to use Direct Debits - specially to DCA's etc. Use a Standing Order instead.

 

Cheers

jimbo

[sea-sidelady]

Can I ask which bank was this?

[Surfer01]

Totally out of order and I would say that the bank is incorrect. I would pursue the bank angle by contacting the Financial Ombudsman. As someone pointed out, this would allow creditors to dip into our accounts whenever they felt like it!

If it was council tax debt, then contact the council and advise that their agents have acted fraudently and that you are holding the council responsible.

Don't let them fob you off. Either insist on speaking to the CEO or write to the CEO once you have obtained their name and also the name of the person at the council that you have spoken to.

[seanamarts]

Ive spoken to my bank about this and they have informed me that if said bailiff took this money without authorisation then you should report this to the police and get a crime number and then go back to your bank and report the money as stolen. It is possible that the bank will cancel your card and reissue you with a new one. Unless you have set up for the payment to come out with the bailiff then what he has done is illegal as they have to by law destroy your card details a soon as they have taken payment. Regardless of whether this was a debt or not no one is allowed to use your card to gain payment without your full permission.

[Surfer01]

As per the above post, report to police that there has been fraudent activity on your card. Take along a statement showing the debit. the bank will then have to investigate it as they should have done in the first place. Just to be cheeky I would be claiming compensation from the bailiff and the bank!

[dx100uk]

agreed

and reclaim any charges etc

if applicable

dx