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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default BarclayCard help themselves to funds in an unrelated account help!!

    I have a relatively small debt with Barclay Card circa £800. - compared to the £30'000 I owe in student loans and other credit cards etc
    I entered an arrangment with them to pay a certain amount each month in Jan 07. They made a mistake and did not start applying this until May 07. They apologised and refunded an amount of over charges.
    Throughout this they applied charges (double £12 for being over limit and
    £ 12 for late payment/insufficient even though I had an arrangement)

    Separately, I pay money from my Barclaysicon current account into this current account held at Barclays each month. If I have been too slow to see that funds from abroad have cleared in my Barclays Bank Current Account (e.g 3 days ) BarclayCard take money from this separate bank account to pay money into the BarclayCard. The 1st and second time they apologised and rightly refunded the money ( which I use to pay 6 other creditors), the third and fourth timethey refused to acknwledge and say they have a right to this money in my separate current account. Barclays Bank refer me to BarclayCard. I am sure this is illegal? They refuse to acknowledge the fact that I have an arrangement to pay a certain amount each week. In fact this week I will can all the letters I have regarding this because now they are taking the mickey. I have spent hours on the phone trying to resolve this - on one occassion Dec 08 I spent 35 mins on the phone and spoke to 8 people none of who could help. They all said I had been transferred to the wrong dept and they could do nothing. I spoke to 3 people in the UK and 5 in India. It was absolutely atrocious.

    To make matters worse, I signed up for a BarclayCard when I was a naive 18 yr old. I didn't even ask for a BarclayCard. As a minor i had a visa electron card with Barclays Bank but wanted to upgrade ( I now know would have been Visa Delta). I asked the lady in the bank to upgrade this to a visa as this was more widely accepted. She basically said I just had to sign the form and it would be sent to me. To cut this excessively long story short - I found out the hard way that this was separate to my current account with Barclays and in fact a totally different product. Does my debt still stand with BarclaysCard??? I signed in 2001?

    I really hope someone can advise me.

    Thanx


  2. #2
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    Default Re: BarclayCard help themselves to funds in an unrelated account help!!

    Hi VStressed,

    They do have the right to take, or "Set Off", money owed to BC from your bank a/c.

    The only way to avoid this is to open a new bank a/c with a different bank.

    You can, however, reclaim all penalty charges which they've put on the a/c in the last 6 yearsicon.

    Do you have all the statements you need to add them all up. If not, you need to send off for them using a SARicon. Read the Reclaiming Guide at Link No1 in my signatureicon below.

    Are you saying there's a separate older BC as well ?



    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: BarclayCard help themselves to funds in an unrelated account help!!

    Hi there.,

    thanks slick132 for your advice. I will definitely start my claim against BC as soon as.

    I suppose my grievanceicon is that they kept applying charges once an payment plan had been put in place. And the fact that I was mis-soldicon the product in the first place.
    I'll start with the SARicon but thanks again...


  4. #4
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    Default Re: BarclayCard help themselves to funds in an unrelated account help!!

    Quote Originally Posted by slick132 View Post
    Hi VStressed,

    They do have the right to take, or "Set Off", money owed to BC from your bank a/c.

    The only way to avoid this is to open a new bank a/c with a different bank.

    You can, however, reclaim all penalty charges which they've put on the a/c in the last 6 yearsicon.

    Do you have all the statements you need to add them all up. If not, you need to send off for them using a Subject access requesticon. Read the Reclaiming Guide at Link No1 in my signatureicon below.

    Are you saying there's a separate older BC as well ?

    This may be correct. However if the bank allow you to go overdrawn so they can charge you excessive charges when there are accessible funds available & only transfer said funds when it suits them after you have accrued charges there may be an argument that this practice is unfair


  5. #5
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    Default Re: BarclayCard help themselves to funds in an unrelated account help!!

    thanks JonCris,

    i will be checking all statements over 6 yearsicon between the 2 accounts and getting back to bank.

    It doesn't help living abroad. But I'm doing my best. Can't let them win...


  6. #6
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    Default Re: BarclayCard help themselves to funds in an unrelated account help!!

    They did the same to me. They took £200 from my current account to pay the BC account, right before Christmas too.

    I've opened up another account at different bank and I'm about to start getting my direct debits and pay changed over before persuing much with them. ie. stopping payments due to no CCA being received.

    They also owe nearly £800 in charged over four years too.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE