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.
I requested my CCA from Barclaycard in December 2008, I received an unenforceable application form, after the second letter all went quiet, because they had been taking payments from my Barclays current account all the time, the latest was taken a few weeks ago.
Just to be clear, I have never given them permission to take funds from my current account in any form or fashion, no direct debit, nothing.
I spoke to my branch on the phone and they stated that this was completely legal as they are all part of the Barclays group and I (allegedly) owed them money.
Surely this is not legal? they don't have an enforceable CCA so they can just help themselves?
I requested my CCA from Barclaycard in December 2008, I received an unenforceable application form, after the second letter all went quiet, because they had been taking payments from my Barclays current account all the time, the latest was taken a few weeks ago.
Just to be clear, I have never given them permission to take funds from my current account in any form or fashion, no direct debit, nothing.
I spoke to my branch on the phone and they stated that this was completely legal as they are all part of the Barclays group and I (allegedly) owed them money.
Surely this is not legal? they don't have an enforceable CCA so they can just help themselves?
Unfortunately its perfectly legal, its whats called the "right of offset" the banks have permission implied for taking any monies you hold with them in current accounts or savings to offset a debt.
Tis one of the reasons a parachute account is recommended if you hold a CC with a bank you have a current account and wages paid in.
I would suggest you set up another account asap and have your dd's and wages transferred to that one if you are still not going to pay the barclaycard. Also make sure you dont hold a credit card with the bank or its parent group prior to opening the new account.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Thank you for the reply, sorry it has taken me so long to thank you but I am a bit new to computers and couldn't find this post again till now I have now managed to get another account and transferred the DD's etc. Once again thanks.
Thank you for the reply, sorry it has taken me so long to thank you but I am a bit new to computers and couldn't find this post again till now I have now managed to get another account and transferred the DD's etc. Once again thanks.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Originally Posted by Desperate Daniella It would be very difficult for me to open a parachute account for various reasons, and they have done this three times to me so far this year. I have always complained immediately to the fos and got it refunded on the same day. It's an absolute hassle, but they had to back down.
The FOS is quite emphatic that they can only offset against "disposable" income, and this means that you must be allowed to pay the mortgage and any other secured loans, the council tax, utility bills, TV licence and so on. Barclaycard's argument is my funds appear to be disposable income because there are no direct debits or standing orders they can count. I cancelled all the dds and sos because obviously if I have no money in the account Barclays will return these payments and then charge me for the privilege of doing so.
The FOS are completely clear on the fact that I am under no obligation to make payments by so or dd just to make things easier for barclaycard to assess my "disposable" income, and that is why they have had to back down every time.
I'm mentioning this just in case, like me, it would be very difficult to have a parachute account.
DD
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Just to let anyone else with this problem know, get the complaints form and ring these people up, I did today, they are so helpful, they guided me through the form and explained exactly what I should write in simple terms. They actually appear to be on our side, or at least impartial with good advice.
Barclaycard taking money from bank account
current account all the time, the latest was taken a few weeks ago.
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Re: Barclaycard taking money from bank account
Originally Posted by stleonards
I have now managed to get another account 
and transferred the DD's etc. Once again thanks.
