Barclays Took £700 From My Account..help

[Jaxo_uk]

Hi all just looking some advice on an old barclays & 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!!

[slick132]

Hi Jaxo,

 

They do have the right to move money from one Barclays 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.

[Jaxo_uk]

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 dca 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 barclays, 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)!

[slick132]

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/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913

[Jaxo_uk]

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?

[Desperate Daniella]

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 mortgage 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 FOS tomorrow, get a reference number and then call their complaints number. I have demanded my money back. Forget to check the account today.

 

DD

[Desperate Daniella]

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

 

DD

[slick132]

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 SAR. See the Reclaim Guide at Link No1 in my signature below.

 

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

[Jaxo_uk]

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 mortgage 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 FOS 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 mortgage 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 barclays 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!

[Jaxo_uk]

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 Request. See the Reclaim Guide at Link No1 in my signature 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 interest 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!

[Jaxo_uk]

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

[charlie*]

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*

[Jaxo_uk]

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!!

[Jaxo_uk]

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 SAR but that was only this week so still about 35 days to go on that one

[Jaxo_uk]

Bump...

[slick132]

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.

 

[Jaxo_uk]

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 SAR 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?

[slick132]

Hi Jaxo,

 

...... i will wait for my Subject Access Request 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 SAR response.

 

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

[Jaxo_uk]

Hi, I have now received a credit agreement so I have started a new thread....

http://www.consumeractiongroup.co.uk/forum/barclaycard/182243-jaxo_uk-barclaycard-cca-enforcable.html

[FANTASY CHARGES]

Subbing