Thread: Barclaycard phoning every hour or so!

I got into money problems earlier this year, my son's kidneys failed, my wife had a nervous Breakdown and gave up her job and I missed payments with a few lenders. I followed advice on here and sent CCAs to 2 of my biggest lenders, they are both in default, more on that later, but my Barclaycard was stopped and I was sent a default notice, but the statements kept coming as normal, with £12 charges added and Barclaycard wrote and said they were taking the money without my permission from my Barclays Bank account, because they could.

I got lazy and left it that way, they just wrote every month and took £25 or so out of my Barclays bank account, I asked for bank charges totalling £440 to be refunded and applied against the balance of £700 owing, but they said they would refund £140 if I paid off the whole balance.

Then someone who sounded like they were Indian rang and wanted me to make a card payment over the phone, I refused saying they were already helping themselves. Since then a very stroppy woman has been phoning several times a day and basically having a row with me because I refuse to pay them anything over the phone. My son is at home on Dyalasis and there are nurses around every day, the messages left on my answering machine are getting a bit embarrassing, I can't get choose to refuse because BT misold me a 'feature line' which doesn't support any actual features, but thats another story.

Any advice?

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Don't go through security. Tell them that you wont discuss financial matters over the phone, writing only.

Also send the phone harassment letter - in the templates

If they persist, there are lots of tricks you can try
a very loud whistle
putting the phone by a radio
get a free voip number & give that to them as your new number
tell them that the account is in dispute and they shouldn't be trying to collect money for it

Grumpy

Section 105 of the Consumer Credit Act says that for a security to be taken account of in a regulated agreement it has to be in writing and there are prescribed terms. What the Bank has done is introduce a security (the cash in your account) and said "we're having that to make sure that you comply with the agreement".

Well, they can't do that as that arrangement was not part of the original agreement or in writing for that matter. S106 says they have to give it back...

I would write to the Bank asking when you gave your consent under S105 of the CCA to use the funds in your current account as security against your Barclaycard credit agreement. Tell them if if there is no agreement then they are in breach of S105 and they should immediately comply with s106 of the Act. (Give you the money back). I would say that if they do not agree to that then you will consider applying for a Court order to determine your rights under s105 and forcing the Bank to comply with s106.

Banks should know better.

This will only relate to payments you have not voluntarily made to Barclaycard.

The old association of funds trick

Can anyone give me the name of banks that will give a non status account with cheque book and cash card? it worries me that Barclays can just help themselves, first step is a new account!

NAt West do a Step Account which gives you everything bar a cheque book, you get a debit card with this account and can set up standing orders and direct debits - since I stopped all dds and sos from my account I haven't been overdrawn once - two years now. Okay I get the odd £10 non payment by dd charge but that can be claimed back eventually.....