Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Barclays Took £700 From My Account..help

    Hi all just looking some advice on an old Barclaysicon & barclaycard accounts I use to have.
    Basically I used to have a barclaycard from 04-08, I opened a current account with them also around 06.
    during 2007 I got into finacial dificulty and as a result my barclaycard payments stopped. I also stopped using my barclays account as i was unemployed and was claiming benefits.
    A few months later i started working again and paid my first cheque into my barclays account. £1200 odd. it took the usual 5 decades to clear but when it eventually did barclays automatically took £740 of it and paid my card, leaving me in a dire state. I rang them and they said they are quite within there right to rummage my account if i owe barclaycard money.
    Needless to say i told them where to stick there account an have never aknoweledged them since.the card is now defaulted but the account is still open with £0.00 balance.
    Is it true that they can do this?

    Any advice is greatly appreciated!!

    Similar Threads:

  2. #2
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    Default Re: Barclays Stole £700 From My Account..help

    Hi Jaxo,

    They do have the right to move money from one Barclaysicon a/c to another where a debt remains unpaid.

    It's known as the right of set-off and can apply between bank and credit card a/c's.

    Have you looked into reclaiming any charges on the bank or the card a/c.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  3. #3
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    Default Re: Barclays Stole £700 From My Account..help

    Hi thanks for you quick responce. to be honest i haven`t looked at reclaiming them as my account was never over drawn and any direct debits where paid on time. when i was made unemployed i canceled all direct bedits etc. i could maybe look at reclaiming the credit card charged tho but it is defaulted and i have sent the DCAicon a cca and am waiting for a responce. Im sort of hoping that they wont have the agreement. tbh i dont care anymore and am adament they wont get a penny after what they done on me. i tried reasoning and even offered 2 payment of £370 but they wouldnt budge and had already took the money. If my cca is unsuccessful i will maybe look at reclaiming charges. Do you think this is the best route for me?

    I must say since 2007 my finances have been a mess and its not just Barclaysicon, but i`ve been struggling on and have only just found this site on monday and it is a major plus point in helping to get me back on track.

    So thanks not just to youself slick but to everyone else as well, (its good knowing im not alone)!


  4. #4
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    Default Re: Barclays Stole £700 From My Account..help

    This Off-Set situation is one that many have fallen victim to. Once they get their hands on your money, they're not willing to reconsider, no matter how short it leaves you for the next month !

    You can get BC charges refunded easily at the moment so, if you have any on the BC a/c, reclaim them. Start a thread for this in the BC forum and you'll get help when required.

    The CCA request is the 1st step to see if they have an agreement for the a/c. If they don't, you can try and get the defaults removed but it's a long uphill struggle.

    If they reply to your CCA request with just a set of T&C's, try an alternative route. Read here - http://www.consumeractiongroup.co.uk...ml#post1868913

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  5. #5
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    Default Re: Barclays Stole £700 From My Account..help

    I would imagine that i would have a lot on the b/c cc acc tbh. should I persue them as well as the cca or should i take it one thing at a time?


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    Default Re: Barclays Stole £700 From My Account..help

    Hello,

    They nicked £70 odd from me last week. I complained and they said they could take a percentage of my disposable income (and they can because it is in the small print) However, I spoke to the Financial Ombudsman Service and they cannot start taking money if they are not leaving you enough to pay your mortgageicon or rent, council tax, tv licence and so on. Presumably we are also allowed to eat?!!!! They have taken almost one-third of your income which seems very excessive. I suggest you call the fosicon tomorrow, get a reference number and then call their complaints number. I have demanded my money back. Forget to check the account today.

    DD


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    Default Re: Barclays Stole £700 From My Account..help

    Sorry, that should have read two-thirds of your income.

    DD


  8. #8
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    Default Re: Barclays Stole £700 From My Account..help

    Hi Jaxo,

    Start the Reclaim process for the BC a/c now anyway.

    If you have all the necessary state's fill in a Site spreadsheet to make your SOC.

    If you don't have them, you need to send an SARicon. See the Reclaim Guide at Link No1 in my signatureicon below.

    You'll get the charges refunded easily but go after the credit agreement too, so you ca try to get the defaults removed.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  9. #9
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    Default Re: Barclays Stole £700 From My Account..help

    Quote Originally Posted by Desperate Daniella View Post
    Hello,

    They nicked £70 odd from me last week. I complained and they said they could take a percentage of my disposable income (and they can because it is in the small print) However, I spoke to the Financial Ombudsman Service and they cannot start taking money if they are not leaving you enough to pay your mortgageicon or rent, council tax, tv licence and so on. Presumably we are also allowed to eat?!!!! They have taken almost one-third of your income which seems very excessive. I suggest you call the fosicon tomorrow, get a reference number and then call their complaints number. I have demanded my money back. Forget to check the account today.

    DD
    When it happened they said on the phone they they are allowed to take a % of money in the account. The money they took didn`t bring the card within its credit limit so I`m guessing that what they took was the max they where allowed to take. I`ll know in future never to have my bank account and cc with the same company!! I don`t have a mortgageicon either so i would probably be hard for me to prove that i needed the money to survive + I survived without it anyway lol. I`d probably still be with Barclaysicon if they hadn`t of done this.
    Maybe a call to the FOS would still be worthwhile tho, even if i got something back it would be worth it!


  10. #10
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    Default Re: Barclays Stole £700 From My Account..help

    Quote Originally Posted by slick132 View Post
    Hi Jaxo,

    Start the Reclaim process for the BC a/c now anyway.

    If you have all the necessary state's fill in a Site spreadsheet to make your SOC.

    If you don't have them, you need to send an Subject access requesticon. See the Reclaim Guide at Link No1 in my signatureicon below.

    You'll get the charges refunded easily but go after the credit agreement too, so you ca try to get the defaults removed.
    Hi slick I think your right, looking back I was young and at time maybe a bit foolish on occasions with my card (late payments, missed payments, exceeded limit etc) but i do remember on plenty of occasions getting my bill in and there being £24 exceeded limit charge & £24 late payment charge on the same statement (and it was always their interesticon that made me exceed the limit??), and then the interest too. I`m sure this would all add up.
    I actually started reading the first link and i`m going to go for it. I owe them £2600 now but if i could get £1000 knocked of it it would be great. My charges will probably even exceed £1000.


    Thanks for this, Its something i would never have thought of before!


  11. #11
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    Default Re: Barclays Stole £700 From My Account..help

    Thanks for all your help, I will keep this thread updated as to whats happening.
    atm cca sent,
    tomorrow data protection letter will be sent for reclaiming charges


  12. #12
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    Default Re: Barclays Took £700 From My Account..help

    whenever, wherever you have trouble with loans, credit cards where you have your current and deposit accounts, THEN OPEN NEW ONES IMMEDIATELY WITH ANOTHER BANK, withdraw all your money in cash and pay it in to your new account with your new bank.

    If you don't they will keep on taking your money until the outstanding on your loans are cleared.

    charlie*


  13. #13
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    Default Re: Barclays Took £700 From My Account..help

    Quote Originally Posted by charlie* View Post
    whenever, wherever you have trouble with loans, credit cards where you have your current and deposit accounts, THEN OPEN NEW ONES IMMEDIATELY WITH ANOTHER BANK, withdraw all your money in cash and pay it in to your new account with your new bank.

    If you don't they will keep on taking your money until the outstanding on your loans are cleared.

    charlie*
    This info came to late for me but hopefully it will be useful for someone else in my position!!


  14. #14
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    Default Re: Barclays Took £700 From My Account..help

    Just an update......

    I sent my CCA recorded delivery 17 days ago and it was received by barclaycard 16 days ago. I have received no reply as of yet.any advice as to What is my next step / Course of action, would be greatly appreciated. I have also sent a SARicon but that was only this week so still about 35 days to go on that one


  15. #15
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    Default Re: Barclays Took £700 From My Account..help

    Bump...


  16. #16
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    Default Re: Barclays Took £700 From My Account..help

    As they've failed to respond to the CCA request, they're in default and you do not have to pay them until they do respond.

    You may need to use the process outlined in the link I put in post #4 above if you want to get the Agreement from them.

    I'll now move this into the BC forum.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  17. #17
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    Default Re: Barclays Took £700 From My Account..help

    Quote Originally Posted by slick132 View Post
    As they've failed to respond to the CCA request, they're in default and you do not have to pay them until they do respond.

    You may need to use the process outlined in the link I put in post #4 above if you want to get the Agreement from them.

    I'll now move this into the BC forum.

    Still waiting, ...21 days have passeed. I have started a dispute with equifax for unsubstanciated data, basically telling them what has happened so far. (don`t know if this is the rigt thing to do or not) but it has to be worth a try. If it is not successful i will wait for my SARicon details to arrive to see if there is a credit agreement in it and if not I`ll be going down the route in post 4.

    This is Irrelevant but wouldn`t it be better if companies where made to have all the necessary documents in order and prove contract/debts/defaults etc before they where allowed to post data on credit files?


  18. #18
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    Default Re: Barclays Took £700 From My Account..help

    Hi Jaxo,

    ...... i will wait for my Subject access requesticon details to arrive to see if there is a credit agreement in it
    Don't hold your breath for this - they never include the agreement with the SARicon response.

    If you want further info about them processing your data, look in the Data Protection and Default forum.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  19. #19
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    Default Re: Barclays Took £700 From My Account..help

    Hi, I have now received a credit agreement so I have started a new threadicon....
    http://www.consumeractiongroup.co.uk...nforcable.html


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    Default Re: Barclays Took £700 From My Account..help



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