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why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement


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Can anybody help, very worried here. I sent the standard letter under section 78 of the CCA to Barclaycard on 24th July, had the standard responses of 2 seperate copies of terms and conditions. I was about to send the dispute letter but received another letter from Barclaycard stating that

 

' we have carried out our legal right to set off the outstanding arrears owing on your Barclaycard account against the credit balance in your Barclays account'.

 

Can they do this, my Barclays accout is currently overdrawn so they deducted the money but refunded it the same day. I am very worried about this as I have both my personal account and joint account with Barclays - am thinking of just paying the Barclaycard bill! Can anyone suggest what I should do - thanks!

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Can anybody help, very worried here. I sent the standard letter under section 78 of the CCA to Barclaycard on 24th July, had the standard responses of 2 seperate copies of terms and conditions. I was about to send the dispute letter but received another letter from Barclaycard stating that

 

' we have carried out our legal right to set off the outstanding arrears owing on your Barclaycard account against the credit balance in your Barclays account'.

 

Can they do this, my Barclays accout is currently overdrawn so they deducted the money but refunded it the same day. I am very worried about this as I have both my personal account and joint account with Barclays - am thinking of just paying the Barclaycard bill! Can anyone suggest what I should do - thanks!

 

Yes they have the "right" to offset the debit balance against any credit balance in your current account. You need to open up a parachute account somewhere else and have all incomings paid into that account if you wish to progress taking on Barclaysharks.

 

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hi jill,

yes i believe they can and often/always do im afraid. in this situation the only way round it is to open an 'parachute' account with an institution completely unconnected with any debts u have. due to the many takeovers in the financial industry, beware of companies that have taken over others, that may seem unconnected but in fact now own them....

 

added: shadow wins the fastest finger contest ...lol

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Yes, my old lot tried this with me. We saw it coming - -they didn't notify us - so we cancelled all DDs/SOs and set up the celebrated parachute account and sat back and watched the fireworks. You MUST do this, for the will wipe out your salaries, what-have-you, when they next get paid into the account and that will really put you up the creek!

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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

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DD

 

I didn't know that bit about 'disposable income'. I wouldn't have trusted my lot - HBoS - in any case as they wiped all my DDS/SOs under a false allegation. That caused me no end of grief and cost, as you can imagine, and is what actually precipitated a feud with them that culminated in me leaving them, claiming my bank cahrges back and then finding CAG.

 

Sometimes, if you kick a dog hard enough, it will one day bite back.

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DD, I am in a similar situation with my bank but have opened an online easy-cash account with another building society and have slowly started transferring my dd's and so's over to it and then shall leave the disputed bank/credit card dormant as possible. Only way to protect my only income which is not disposable!!!!!!!! I have been left to live on £4 for a whole weekend before, never again!

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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

 

I didnt realise this either DD. Thank you. I will pop that information on another thread where this problem has arisen.

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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

 

I take it you're not in a DMP or anything like that? I would hazard a guess that any bank would want to see what your outgoings actually are, so that they can assess. what is disposable.

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Hi

Just thinking about this and I can see how they would be able to credit the card account and even debit an “in credit” bank account but, if the bank account that was being drawn from was an authorised over draft I don’t see how they legally could.

I could be wrong on this but surely the overdraft would have the protection of the cca 1974 and the withdrawal would be a charge which would have had to have been listed in the agreement and since there is no opting out of the legislation it would not be allowed.

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Hi Jill,

Before your salary goes in, you could send them a Right of Appropriation letter:

 

Re: Right of Appropriation

Account Number: (Enter your Account Number)

I am writing to inform you that I am due to have my salary of payments of £ xxxx paid into my account on xxx, and wish to use my first right of appropriation for this money, for the following purposes:

(List priority bills including housekeeping)

I will withdraw the money for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

Yours faithfully

(Signature)

 

You may need to do this each month till its sorted out. Google Basic Bank Accounts for those with just a visa debit and no overdraft. There's still a small number around but getting fewer!

Elsa xx

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I have had the right to offset exercised by LLoyds. and closed the account. I dont know if they are allowed to take the money if you have an overdraft facility which isnt being used.

Im in the process of going into a dmp thanks to barclaycard trashing my credit file and all my other cards stopping my 0% swapping tarting and then wanting all their money back, including my bank accounts withdrawing their overdraft facility and wanting it back within the month.

 

Does anyone know what a basic bank account is? does it have a debit card and how will I open one when my credit rating now ruined until i win or dont win in court. ... thats when they actually get round to taking me to court.

muffintop

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That's a really brilliant letter, Elsa. Unfortunately I don't get a regular salary/income so it won't quite work for me, but for anyone who does it's wonderful.

 

AA99, I've had weekends like that too. :(

 

Flyboy, No, I'm not on a DMP. There are no Direct Debits or Standing Orders on the Account for any of the things I have mentioned, so obviously I have got to be paying them from somewhere!! My argument about not using DDs or SOs in case I get them returned and charged is perfectly reasonable.

 

Muffintop, as far as I am aware (and I may be wrong) I don't think they can use an overdraft facility (or the rip off reserve fee) because to do so would be causing you to get more charges.

 

Apparently you can go into any branch of any bank (not your own!!!!!!!!!:D) and open a basic bank account. You can I think arrange direct debits and standing orders and you get a debit card, but no cheque book or O/D facilities. Haven't done it so hope that is right.

 

DD

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That's a really brilliant letter, Elsa. Unfortunately I don't get a regular salary/income so it won't quite work for me, but for anyone who does it's wonderful.

 

AA99, I've had weekends like that too. :(

 

Flyboy, No, I'm not on a DMP. There are no Direct Debits or Standing Orders on the Account for any of the things I have mentioned, so obviously I have got to be paying them from somewhere!! My argument about not using DDs or SOs in case I get them returned and charged is perfectly reasonable.

 

Muffintop, as far as I am aware (and I may be wrong) I don't think they can use an overdraft facility (or the rip off reserve fee) because to do so would be causing you to get more charges.

 

Apparently you can go into any branch of any bank (not your own!!!!!!!!!:D) and open a basic bank account. You can I think arrange direct debits and standing orders and you get a debit card, but no cheque book or O/D facilities. Haven't done it so hope that is right.

 

DD

 

I think you're right because that's exactly what i've done......:)

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Muffintop:

Does anyone know what a basic bank account is? does it have a debit card and how will I open one when my credit rating now ruined until i win or dont win in court. ... thats when they actually get round to taking me to court.

__________________

 

SD: There's a few good basic accounts still around, mainly offered by the former building societies. I'm loath to advertise but by way of example I have one with a bank named after a large town in Yorkshire that's simple to open on-line [and I have a totally trashed credit file] gives a Visa debit card, allows DD's and SO's and can be managed online. No overdraft facility either, which is good. No frills or charges and brilliantly simple. If you're hyper-careful, check the banking groups as well before you open one- the new Lloyds Group covers more former independent banks than you may at first realise.

 

Good Luck!

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Hi To All

 

WOW I have just logged on after a few weeks without my connection ( cut off ) and this thread is a little alarming, can anybody simplify it all in a paragraph or two?. what will happen to the cca requests i wish to forward ( 1st one ).

 

Thanks

 

Mr W

Regards..Mr Worried :)

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LOL I've just looked at the basic bank account links, an excellent guide.

But...

Northern Rock..reasons your application may be declined..

"Record of bad debts"

 

:D Yours or THEIRS???!!!

How hypocrital can you get? :D

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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LOL I've just looked at the basic bank account links, an excellent guide.

But...

Northern Rock..reasons your application may be declined..

"Record of bad debts"

 

:D Yours or THEIRS???!!!

How hypocrital can you get? :D

 

Nice one elsa, hope you did not laugh to much.

 

Mr W

Regards..Mr Worried :)

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Hi To All

 

WOW I have just logged on after a few weeks without my connection ( cut off ) and this thread is a little alarming, can anybody simplify it all in a paragraph or two?. what will happen to the cca requests i wish to forward ( 1st one ).

 

Thanks

 

Mr W

 

If it could all be simplified in one para, we'd all be laughing Mr W! :lol:

 

You don't say if you are wanting to use S77/78 of the CCA1974 or CPR31 for your request & they are different procedures.

 

Suggest you start your own thread in the appropriate forum for the debt you are concerned about & then you will get specific help.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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If it could all be simplified in one para, we'd all be laughing Mr W! :lol:

 

You don't say if you are wanting to use S77/78 of the CCA1974 or CPR31 for your request & they are different procedures.

 

Suggest you start your own thread in the appropriate forum for the debt you are concerned about & then you will get specific help.

 

Hi Foolish

 

WOW 77, 74, 31,? its getting more confusing, as you advise I shall start a new thread with my concerns.

 

Thanks

 

Mr W

Regards..Mr Worried :)

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Sorry to but in here guys and gals. I have used this excellent thread to start disclosure proceedings against Cap.One. Is there another thread with regard to S142. What forms do i need and where can i find a crib sheet?

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has anyone pointed out yet that set off does NOT include taking you into (or further into) arrears on your bank account- this is NOT permitted

 

That was my thinking too - is there any legislation to back this up, dd?

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Please note that this topic has not had any new posts for the last 3620 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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