Thread: Barclays vs Barclaycard

I believe that Barclaycard can and do take money from other Barclays Accounts to offset any money owed on the BC, and no i dont think it is against the law.

Originally Posted by theformerdebtor

Thanks sytra. But even like that they have to inform u about taking some money from your account, not just take it .

I wouldn't rely on this personally. They can take it under the right of set-off. If you think this could happen to you, open up another bank account and transfer your money out immediately.

Hi TFD,

You could certainly use Form N1 but are you sure that you have a case against the bank.

Can you explain the circumstances in more detail.

I assume you know that banks have, and use, the "Right to Set Off" enabling them to raid your current a/c or savings to settle an amount due on another card or loan a/c.

There are circumstances where they should NOT do this, particularly where you have pre-warned them that a credit into the a/c is to be used for priority debts like rent, mortgage.

You can warn the bank that money being credited to your a/c is required for specific purposes using the "right of appropriation" letter. See here - http://www.consumeractiongroup.co.uk...tml#post289030

Hi TFD,

I've moved your other posts and replies from Happy1970's thread which hasn't been used for 2 years.

Use this thread for your case from now on.

Hi TFD,

Sorry but I think you'd be foolish to try taking BC to court about this.

The BC T&C's state clearly that they reserve the right to take money owing on the BC a/c from any other Barclays a/c that you have. Many others have been caught out by this.

The only way to avoid it happening again is to have a bank a/c that is NOT in the Barclays group, as suggested above.

Hi TFD,

If you read other threads here in the BC forum, you'll see how BC deals with CCA requests, SAR's, etc. and how CAGgers deal with BC.

Just because they haven't yet sent you a Credit Agreement doesn't mean they don't have one. They are avoiding sending them out by relying on the CCA1974 which says they CAN send out T&C's to satisfy the request.

The banks, etc do not send out Credit Agreements in response to a SAR. You say they are "obviously breaking the law" but I think you're wrong.

There are ways to fight this, but going to court the way you suggest is not likely to get you what you want.

Spend more time reading threads here and you'll learn what others are doing.

In particular, you'll see that many complaints are being sent to the fos re failure to supply the Credit Agreement in response to a CCA request. Although the FOS are generally slow, they appear to be getting the result CAGgers want - ie getting sight of the agreement.

To summarize you have to take the right action against BC depending on what they do, or don't do.

CCA Request - If they supply your T&C's, they HAVE complied with their obligations and you may not be entitled to withhold payments. But they have NOT produced an enforceable credit agreement, which they need to get a court judgement against you.

You can complain to the FOS and see if they will intervene on your behalf. In the cases we've seen, the Credit Agreement or other document IS produced and you then know if they have an enforceable Credit Agreement.

SAR - If they fail to send you the data (excluding the Credit Agreement) you require, and which you know they have, you can take court action to get an order for them to produce documents. See items 18, 19 and 20 in the Bank templates library.

You can also complain to the Info Comm'rs Office.

Yes, the SAR is a request for all data held concerning an individual.

I think the reason, that production of the credit agreement is not enforced as part of the SAR scenario, is because this is specifically covered by other legislation, namely CCA 1974.

I've asked the same question myself because it made sense to me that the SAR should get sight of the agreement. But I was informed that it just doesn't work that way.

Originally Posted by Jameson78

I thought a SAR is a formal request to supply one with ALL data held. Which includes:

"The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened."

I thought the same.
Thanks for reading my thread James. I will send a complain to the fos and see if they will intervene on my behalf. Il keep u posted guys.

Thanks guys.

I actually raised this specific issue with the Site Team in September.

I was told that the ICO (who deal with Data Protection and SAR related issues) will not deal with matters relating to credit agreements as these are covered by the CCA1974.

Try the fos and see how it goes.

See here - http://www.consumeractiongroup.co.uk...rclaycard.html

Just receive these in the post this morning

Write a letter to BC and to Nelson Guest confirming that a formal complaint has been sent to the fos on xxdate, concerning BC's refusal to provide the credit agreement.

Accordingly, the a/c is in a clear and serious dispute and, if they make any further collection attempts, phone calls etc, you'll report them to the FOS for breach of the OFT Guidelines on debt collection.