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.
According to the well documented timelines the following has occured to date.
2-Dec Requeted CCA
19-Dec Reminder of request
22-Jan Deadline for receipt of CCA
I have received nothing back from Barclaycard.
However, when I looked at my Barclays bank account today, I see they have taken £210.14 from it!!!
Are they within their rights to do this given at they have failed to comply with the dates above?
Just to add, that I have not made a payment to my Barclaycard in 4 months.
They have said it is their right to take a payment from other sources within their organisation.
I have said, NO ITS NOT, because they have failed to provide CCA in required time.
Am I correct? And what acts can I quote?
All help appreciated.
Regards,
A.D.
The right of offset is built in all T&Cs, and the lack of CCA makes a debt non-enforceable through the courts, that's all. If they could get their money through other means, then they are entitled to take it... and obviously did.
Apologies to people who I was in the process of helping, I may be gone some time.
Hi Bookworm, thanks for the reply.
I was under the impression that while they failed to supply a CCA they could not enforce any of the agreement.
A letter template I sent included the following:
Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.
This includes, but is not limited to, the following:
You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.
You may not add any further interest or charges to this account.
You may not pass this alleged account to any third party.
You may not register any information in respect of this alleged account with any of the credit reference agencies.
You may not issue a default notice related to this account.
And therefore I thought that they could not take this "offset".
Am I right or wrong?
You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you. They haven't demanded anything, and you didn't offer: they just helped themselves.
You may not add any further interest or charges to this account. Irrelevant to what we're discussing.
You may not pass this alleged account to any third party. They haven't.
You may not register any information in respect of this alleged account with any of the credit reference agencies. Irrelevant for now.
You may not issue a default notice related to this account. Also irrelevant for now.
The long and short of it is: You tried to block the debt by issuing a CCA, which means they would have to produce it if they wanted to ge tthe debt enforced by a judge = proof of the debt.
They didn't comply, instead just looked to see if you had the money elsewhere, you did, they offset.
Lack of CCA doesn't mean the debt is written off, it just becomes non-enforceable through the courts.
PS: If you still have money outstanding on the b/card, my advice is open a bank account elsewhere ASAP, because they'll do it again and again. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
Barclays are notorious for this. However, they can only take a percentage of your 'disposable income'. If the money is 'spending money' for want of a better term, they can take it. However, if by doing so they are preventing you paying your mortgage, council tax, tv licence, water rates, and other debts like that, you can demand it back, and if they won't give it back you can contact the fos.
I would have thought that because they have defaulted on supplying the CCA, the account is in dispute, and therefore they cannot enfore anything or take my money!!
Sorry, that was my fault. You learn a completely new shorthand here and it's easy to forget that new people, as I was in December, don't have a clue what we are talking about!!
Financial Ombudsman Service - 0845 080 1800. They will give you a reference number to quote to Barclays Complaints division - they'll give you that direct line too.
Like you, I didn't think they could take money while the account was in dispute. I was wrong. Two of us on this site had our money taken on the day our Child Benefit came in. They can't do that either. We both got refunded, so I hope you can get your money back too.
Barclays do what they want, when they want - and to pluto with the consequences, law or Banking agreements.
I am in the final acts with the Financial Ombudsman - and they are not even replying to them. When I complained - for 4 years - about them moving my money around without my permission they just said - after 4 years - "oh it was a training issue".
No remorse, apology or anything - just "thats what we did"
My view? The banking authorities should take action now against Barclays, they are like the school bully who needs sorting out
same thing happened to my oh (other half). They can actually take 60% of the balance which is what they did in our case (£3000) but we phoned the fos - who phoned the bank -who then phoned us the same day!! They asked us to fax copies of bills, mortgage etc and then refunded the money (minus credit card arrears)
We felt that it was only our contact with fos that got us this result.
Has anyone actually managed to get a signed Credit Agreement from Barclaycard?
I have got the letters with their T&C's at the time of opening the account.
Not sure on the next step - it seems impossible to actually get the signed CCA.
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.
Barclaycard have taken my money!!!!!!!!
bank account today, I see they have taken £210.14 from it!!!
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