No CCA - Taking money to offset debt

[Charmer]

Im aware that a bank can take money from a current / savings account to offset an outstanding debt that you may have with them. Does anyone know if they can still do this when they have not fulfilled a request for a CCA or does the debt being in dispute not make any difference ?

[hillards]

Im aware that a bank can take money from a current / savings account to offset an outstanding debt that you may have with them. Does anyone know if they can still do this when they have not fulfilled a request for a CCA or does the debt being in dispute not make any difference ?

 

They'll do what they can to protect their own assets - including taking money from one account to staisfy another, with no warning at all.

 

Protect yourself by getting another account somewhere else, fast, and close the one at risk.

 

They may claim that they were unaware of your CCA request and the department making the transfer would not be party to such information. By which time they've also bounced endless DD's, added excessive charges and perhaps caused an unauthorised overdraft - getting one of these transfers reversed can be a nightmare!

[Desperate Daniella]

I had this happen on 6th January although I didn't realize until I got a letter from BC saying they had taken the payment to offset the debt. Obviously I called them and got transferred immediately to Calders.

 

Background: I wrote to BC on 11th November asking for a copy of the Original Signed Credit Agreement. I didn't enclose the £1 because I wasn't on this site at the time and didn't realize I needed to.

 

Two weeks later I got a call from Mercers and told them I had requested CCA. After I was on hold for about 10 minutes the guy at Mercers said it was in hand and would be sent to me. He didn't ask for the £1.

 

I got a reply from BC - Elaine Mockler -dated 16th December enclosing their current conditions She didn't ask for the £1 either. Due to Christmas didn't write back until 30/12. Said this wasn't what I had asked for, realized I hadn't enclosed £1 and here it was, and I would like the Original......

 

Yesterday evening I got a call from Mandy at Calders (Barclaycard) chasing payment. I said I had nothing to say until I got a copy of the agreement. She asked where I had sent it and I told her PO Box 5592 Northampton because I was replying to Ms Mockler. She said this was the wrong address. I said surely as you are all BC in Northampton NN4 it would get passed to the right department and she insisted it wouldn't and said I should cancel the cheque and write again to 1234 Pavilion Drive and issue another another cheque. Okay, I said. I am losing the will to live at this point, and it's quite clear they are going to deny ever receiving my letter.

 

Back to this morning: As I said I got transferred to Calders. Said nothing to do with them, and the man I was speaking to said he knew I had spoken to Mandy the previous evening. Why wasn't I making payments? Said I refused to talk to them until I got a copy of the agreement. Usual Calders stuff - you had the card, you spent the money, etc. No, I said, I am not discussing anything. I didn't call you, I called the person at BC who had written to me about the set off. Anyway, my mortgage comes before you, and he admitted that there were (wotsit) debts - mortgage, council tax, etc., which get paid first.

 

Got transferred to bloke at Barclaycard who again went on and on about why I wasn't making payments on the credit card. Not discussing, I said, you have taken money from my account which is stopping me paying my mortgage which is a secured debt (also Barclays). I will report you to FOS. He said they had worked out that I had enough disposable income to pay a bit to them. What disposable income? I don't have any disposable income after immediate bills. He asked me to fax a copy of my mortgage payment details which I have done - no point in not doing this - they are all Barclays. I didn't get back in time to phone him this afternoon but will be on the phone first thing on Monday.

 

They took almost exactly the same amount of money on 6th January as I received in Child Allowance on that day. I will be making that point very forcefully to FOS if they don't refund this on Monday.

 

You are probably best to get another bank account. I should have done this before myself, but have business accounts, mortgage, etc., all with Barclays. I will do now.

 

DD

[clemma]

They took almost exactly the same amount of money on 6th January as I received in Child Allowance on that day. I will be making that point very forcefully to FOS if they don't refund this on Monday.

 

 

I am almost 100% certain that they are NOT allowed to use Child Benefit to offset payments. I would report them to OFT and FOS immediately!

[spamheed]

If there is money in an account held by them, then they will be allowed to take it, there is nothing on the balance to demonstrate that the amount includes any kind of benefits. - it's all in the small print.

 

You would have to supply them with a written notice that benefits would be paid into this account on xx/xx/xxxx and should not be taken, without this notice, their terms and conditions would apply.

 

Best advice, open another account and close the one with this bank,

[hillards]

If it were me, I would be making a fuss as well. If put it into writing that the in-payments are benefits, they should ensure that these are not taken. The way to enforce this type of thing is to get your MP's office on the case.

 

But, the best advice is still to change banks so they cannot do this. Much simpler!

[Desperate Daniella]

Hi,

 

Thanks, everyone. I will open a new bank account, but it's a bugger because I have business accounts with them as well, and normally do immediate transfers into personal when funds come in. I only do this when I have immediate bills to pay, so it's a tight balancing act.

 

I'll call OFT as well as FOS. Thanks for that.

 

DD