Barclaycard removed 538.11 from an instant savings account

**blue_eyes777** · 15th November 2008 12:44

Hi .

I am in arrears with Barclaycard and have been dealing with Mercers.

Today , an unauthorised amount of 538.11 was taken from a Barclays icon

account that I hold.

It has ben called a right to set off. They have told me that I need to speak to someone on Friday.

I spoke to somebody at Calder who told me that Barclarcard have a right to set off.

Barclaycard denied knowing anything about the money and put me through to Mercers who just put me through to Calder.

The lady at Calder said that Barclaycard did not tell me the complete truth about the money since there is a note on my file. She said that Barclays had a legal right to do this.

What can I do?

Also, my barclaycard was taken out around 13 years ago. Is there any chance of disputing the legality of the original contract?

How do I go about this?

Thank you.

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**rev.ian** · 15th November 2008 18:27

Hi blue_eyes777

It would seem that Barclaycard can take money from any account you have with Barclays icon

Bank, just as long as they leave enough to cover direct debits and one £100 in the account.

They did this to me this year in July £450 and in August £125 it was a cheque account and I ended up having to close the account and opening another with Natwest icon

.

However I will get it back as soon as they take me to court for the £5600 they want from me.

Just as soon as the judge says the credit agreement is unenforceable, it will be in my counterclaim.

And if they don’t take me to court, I will them.

The way I see it is they say it is in the agreement that they can offset from another account, however if the agreement is unenforceable how can they enforce that part of it ?.

One of the good guys on here will help with this I think. Ian

**slick132** · 16th November 2008 00:38

Hi BlueEyes,

The right to "off-set" is used by all the banks. The only way to protect against this is to close the bank a/c, or to keep up to date with the BC pay'ts.

I don't agree that Rev Ian will be able to recoup money taken in this way. It's hard enough getting CCard Co's to accept an agreement is unenforceable. Harder still to get back any money taken by "offset" by way of a claim or counterclaim.

**blue_eyes777** · 1st December 2008 17:19

They have put it back after I wrote tham a pleading letter!!!

**flyingdoc** · 1st December 2008 17:26

very quickly remove all monies from the account and place it in another bank - they have already shown that they are happy to plunder any account to which they have access - next time they might give it back.

**slick132** · 2nd December 2008 01:37

Hi Blue Eyes - RESULT !!

Like F Doc says, move your money to another bank asap, before they do it again.

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