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Barclaycard phoning every hour or so!


Richy-no-cash
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I got into money problems earlier this year, my son's kidneys failed, my wife had a nervous breakdown and gave up her job and I missed payments with a few lenders. I followed advice on here and sent CCAs to 2 of my biggest lenders, they are both in default, more on that later, but my Barclaycard was stopped and I was sent a default notice, but the statements kept coming as normal, with £12 charges added and Barclaycard wrote and said they were taking the money without my permission from my Barclays Bank account, because they could.

 

I got lazy and left it that way, they just wrote every month and took £25 or so out of my Barclays bank account, I asked for bank charges totalling £440 to be refunded and applied against the balance of £700 owing, but they said they would refund £140 if I paid off the whole balance.

 

Then someone who sounded like they were Indian rang and wanted me to make a card payment over the phone, I refused saying they were already helping themselves. Since then a very stroppy woman has been phoning several times a day and basically having a row with me because I refuse to pay them anything over the phone. My son is at home on Dyalasis and there are nurses around every day, the messages left on my answering machine are getting a bit embarrassing, I can't get choose to refuse because BT misold me a 'feature line' which doesn't support any actual features, but thats another story.

 

Any advice?

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Hi Richy

 

Send them the letter here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Whenever they phone, just say "in writing only" and put the phone down.

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. :-)

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Don't go through security. Tell them that you wont discuss financial matters over the phone, writing only.

 

Also send the phone harassment letter - in the templates

 

If they persist, there are lots of tricks you can try

a very loud whistle

putting the phone by a radio

get a free voip number & give that to them as your new number

tell them that the account is in dispute and they shouldn't be trying to collect money for it

 

Grumpy

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Are you still pursuing the charges? As it is a credit card, there is no reason why those charges cannot be refunded.

 

I would also consider opening a different acc. so that they cannot 'help themselves' as you have no control over how much they are taking. If you're happy to make payments, you could set up a standing order from an external account.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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I'd agree with hopeful

 

I'd also consider sending an S.A.R. (Subject Access Request) so that you can see what you actually owe on this and can sort out making correct payments. It costs £10, but, in your case, I think it's worth it.

 

Let us know if you want to take this course, as there is a standard letter you can send and we can help you through the process.

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. :-)

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Section 105 of the Consumer Credit Act says that for a security to be taken account of in a regulated agreement it has to be in writing and there are prescribed terms. What the Bank has done is introduce a security (the cash in your account) and said "we're having that to make sure that you comply with the agreement".

 

Well, they can't do that as that arrangement was not part of the original agreement or in writing for that matter. S106 says they have to give it back...

 

I would write to the Bank asking when you gave your consent under S105 of the CCA to use the funds in your current account as security against your Barclaycard credit agreement. Tell them if if there is no agreement then they are in breach of S105 and they should immediately comply with s106 of the Act. (Give you the money back). I would say that if they do not agree to that then you will consider applying for a Court order to determine your rights under s105 and forcing the Bank to comply with s106.

 

Banks should know better.

 

This will only relate to payments you have not voluntarily made to Barclaycard.

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Subscribing...

 

Good luck and best wishes to you and your family.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I've heard the co-op are good as long as your credit history isn't too bad...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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NAt West do a Step Account which gives you everything bar a cheque book, you get a debit card with this account and can set up standing orders and direct debits - since I stopped all dds and sos from my account I haven't been overdrawn once - two years now. Okay I get the odd £10 non payment by dd charge but that can be claimed back eventually.....

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I too have a Natwest step acc. (solo card) and an Easycash acc. with Bank of Scotland (visa electron). If your credit record isn't that good i think it will be more difficult to get a cheque book, but i simply use postal orders if i really can't pay any other way. It's a small price to pay for being in control of your own cash!

 

Did you read Hippychick's post re the S.A.R? As she said, let us know if you need any support with this :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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