Marston took money from my credit card - no previous mail, nothing

[rad]

Hi,

Google search lead me to your this very helpful forum. However, I wasn't able to find any help on my specific problem. As in subject - today I discovered that ~£750 (20 + 2 x ~360) was taken from my credit card account. After calling the credit card provider I've heard that £750 is missing from my card taken by a company called "Marston", which apparently is dealing with fines.

This is the first time I hear about this company. What is more I have no recollection about any fine, there were no previous letters to me about any outstanding payments, nothing.

I called the credit card company and asked them to cancel these transaction as so far it sounds like a genuine scam.

I mean, seriously? Am I supposed to track down this company in order to figure out what/if I was fined for?

Any advice would be highly appreciated.

Many thanks,
R

[bizzybob]

Re: Marston took money from my credit card - no previous mail, nothing

Equally worrying here is how one of te UKs most aggressive bailiff companies have obtained credit card details, and taken payment with no prior authorisation and contact with a person who is as likely to be a third party as an actual debtor; given that Marston's have targeted innocents for fines and fees in the past, even assaulting the third party because the name is similar to who they are after

Are you sure you have nothing outstanding, have you moved recently?

[rad]

Re: Marston took money from my credit card - no previous mail, nothing

Thanks for a quick reply. I moved over 3 years ago and paid everything always on time. Really, no idea what these fines can be about. I have no outstanding payments. That is unless I do but I never heard about them.

I would expect that if someone can get a hold of my credit number they should first try at least to contact me on my current address rather than taking the money out without any authorisation.

P.S. Sorry if my previous post sounded as if I'm a bit frustrated.

[gravytrain]

Re: Marston took money from my credit card - no previous mail, nothing

Have you had previous dealings with Marstons and they have retained your credit card number.

What action have the banks said they are taking

[wales01man]

Re: Marston took money from my credit card - no previous mail, nothing

Until more info and answers are posted,if this payment has been illegally taken is there a police case i would suggest the OP contacts the police as marstons have stolen the money ??

[gravytrain]

Re: Marston took money from my credit card - no previous mail, nothing

Equally worrying here is how one of te UKs most aggressive bailiff companies have obtained credit card details, and taken payment with no prior authorisation and contact with a person who is as likely to be a third party as an actual debtor; given that Marston's have targeted innocents for fines and fees in the past, even assaulting the third party because the name is similar to who they are after

Are you sure you have nothing outstanding, have you moved recently?

This would be fraud, plain and simple, removing someones money from their account without contractual authority.

I am interested to hear what the banks advice was in this, in that they may well be vicariously and jointly liable under the CCA for the transaction.

[bluebottle]

Re: Marston took money from my credit card - no previous mail, nothing

I'm going to look into the exact offence that has been committed.

GT,

You are probably correct in that the offence disclosed falls under the general scope of Fraud, but I will do some research to identify the exact offence. Like yourself, I, too, would be interested to hear the OP's bank's explanation for the unauthorised transactions.

The OP does need to speak to Marstons and find out to what the two transactions relate. Unless Marstons can provide a satisfactory explanation, I would endorse advice to the OP to report this matter to the police. The sum involved could be dealt with by uniformed or CID officers. However, it will depend on what officers find on investigation.

Update

Okay, I've done some digging. In cases like this, there is likely to be more than one loser, in the legal sense. The first loser will be the credit card provider, if it is not a bank. The second loser will be the bank that backs the card. The third loser is the card holder. All three, or at least two of them, will have been caused loss, or exposed to loss or the risk of loss. In this case, the offence will be Fraud by False Misrepresentation, contrary to Section 2, Fraud Act 2006. However, because a company is involved, Section 12 of the Act would also apply.

As stated earlier, the OP does need to ask Marstons what is going on. Be aware that further offences may be disclosed, subject to the response they receive from Marstons.

[bizzybob]

Re: Marston took money from my credit card - no previous mail, nothing

I think first port of call is Bank, and if indeed nothing is owing or has been to marstons, a chargeback should be demnanded, also Marstons need a prod with a pointed stick to motivate them into explaining to OP what the F$%^ is going on.

[bluebottle]

Re: Marston took money from my credit card - no previous mail, nothing

I think first port of call is Bank, and if indeed nothing is owing or has been to marstons, a chargeback should be demnanded, also Marstons need a prod with a pointed stick to motivate them into explaining to OP what the F$%^ is going on.

The OP needs to obtain full details of the transactions from the bank/card provider before asking Marstons to explain their actions.

[gravytrain]

Re: Marston took money from my credit card - no previous mail, nothing

I think first port of call is Bank, and if indeed nothing is owing or has been to marstons, a chargeback should be demnanded, also Marstons need a prod with a pointed stick to motivate them into explaining to OP what the F$%^ is going on.

Chargeback would only apply on transactions under £100 on a credit card, over £100 you have to rely on the CCA(section 75).

http://www.which.co.uk/consumer-righ...se-chargeback/

[CleverClogs]

Re: Marston took money from my credit card - no previous mail, nothing

Thanks for a quick reply. I moved over 3 years ago and paid everything always on time. Really, no idea what these fines can be about. I have no outstanding payments. That is unless I do but I never heard about them.

This suggests to me that your card has been cloned.

[Inca]

Re: Marston took money from my credit card - no previous mail, nothing

I was thinking either 'cloned' or used by someone known to OP who could have possibly accessed the card/details.

[bluebottle]

Re: Marston took money from my credit card - no previous mail, nothing

This suggests to me that your card has been cloned.

That is a distinct possibility. If so, then the police need to be brought onboard asap. Sorry, Rad, but it may need a new card number and PIN, possibly, a new bank account to sort this out. Hopefully, it won't, but new card and PIN + new bank account, is a worst case scenario. Once you have full details of date(s) of transaction, etc., from the card provider/bank, come back onto this thread.

[gravytrain]

Re: Marston took money from my credit card - no previous mail, nothing

It would seem like a bit of a daft thing to do, as there would be a direct paper trail to the account of the miscreant.

[bluebottle]

Re: Marston took money from my credit card - no previous mail, nothing

If it's a cloned card, as CC suggests it might be, the paper trail goes to the account holder, not the miscreant.