Barclycard, Barclays joint bank, Barclays mortgage?

[catuk]

Hello, could someone just clarify the 12+2 days scenario.

 

If BC say received my CCA request on the 5th of x, is it 14 (12+2)continuous days or working days (Mon-Fri)?

 

Thanks.

[slick132]

It's 12+2 working days.

 

[catuk]

Hello all.

 

Okay, I opened a parachute account elsewhere a little while ago to carry on with everyday bills etc. Now my old Barclays bank account remains active purely because my mortgage is with Barclays. The bank account is in fact called a Mortgage Current Account. This account has what's called a reserve facility which is basically an overdrfat. It has to be a minium £100 and increases aoutomatically when you've paid some more off the mortgage.

 

The account at present is on zero with the £100 available. I pay the mortgage direct debit from my parachute account.

 

I went into my local Barclays recently to close the account down but was informed that as long as I have the mortgage with Barclays, the account can't be closed. I didn't realise the implications of this when I took the mortgage previously.

 

Now as I've CCAd,waited 12+2 days then sent Barclaycard in dispute letter is Barclaycard going to "off-set" using the £100 reserve and will they increase the reserve against my instructions so they can continue to "off-set" effectively paying the Barclaycard and putting me in more debt?

Edited August 13, 2009 by catuk
Info.

[Desperate Daniella]

Hi,

 

I have the same arrangement as you. I owe just over the £100 reserve on the mortgage current account and they keep adding about £1 a month as interest. However, I don't think they can add to it. FOS guidelines say they cannot put you into more debt by offsetting. I would think increasing your reserve specifically so they can take your money would not be allowed by FOS.

 

DD

[slick132]

Hi Cat,

 

Perhaps you could use the Right of Appropriation to protect the money which you pay in for your mortgage, to stop BC taking it for any missed payments. See here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html

 

The letter should be adapted to say the funds being paid in are specifically for the payment of your mortgage which is a priority payment that you must maintain.

 

You can also say that you're aware that the account has an overdraft facility and that they cannot alter this. However, would they please note that you do not intend to use it, nor do you authorise any amount to be paid which takes you into this o/d facility.

 

Are there any penalty charges on the BC a/c which you could reclaim to reduce the balance.

[Desperate Daniella]

Sorry, I didn't put that clearly. What I meant to say is that they can't increase the limit on the reserve overdraft just so they can offset, not that they can't add the odd bit of interest.

 

I still haven't got round to getting a parachute account. Must do it tomorrow as so far they have nicked money three times and I have had to threaten them with FOS every time to get it refunded.

 

Incidentally, for anyone reading this, they obviously try on the offsetting with everyone in the hope that you won't fight it. If you can genuinely say/prove that they money they have taken is stopping you paying your mortgage, council tax, utility bills, tv licence, etc., they have to give it back. FOS is very clear on this.

 

DD

[Desperate Daniella]

Also, Barclaycard will say that they can take money that is not showing as regular payments for mortgage, council tax, and so on, as direct debits, standing orders, etc. FOS has confirmed that there is no obligation for anyone to pay these by DD/SO. I don't pay anything by these methods as I don't know when my money will come in, and if funds aren't available on the date I would be charged for returned non-paid items - and therefore give more money to Barclays .

 

DD

[catuk]

Thanks guys, thing is I dont put any money into the account whatsoever as all my bills/mortgage etc are now with another bank.

 

The account only exists as long as my mortgage is with Barclays.I pay the mortgage from my parachute account.

 

I was concerned that even though I've cancelled the DD for the Barclaycard, they may offset using the £100 reserve that is there and subsequently increase the reserve for future Barclaycard payments.

[slick132]

Then my advice in post #30 stands.

 

[catuk]

Hello all, just had the first phonecall from BC.

 

An Indian sounding guy firstly gave his name and that he was from BC.

 

Next he asked if I was "my name". I said immediately I'm not willing to give you my name. He asked me for my DOB and I returned please give me your DOB,address etc and that I dont give my personal details to just anybody unless the person requesting my DOB etc gives me his/her's first.

 

This went back and forth until he thanked me and said goodbye. I didn't get a chance to tell him to correspond in writing.Then again I didn't give him the chance to confirm it was me either!

[slick132]

Hi Cat,

 

Have you read this - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=7&a=143

[catuk]

Hello everyone, since I sent my first request for the CCA and then subsequently the account in dispute letter and stopping payments, I've had numerous texts,phonecalls and standard letters telling me my account is behind etc. Today I received the first "scary" one from BCard threatening contact from Mercers. Any pointers on next course of action from you good people?

 

Thankyou.

 

Sent request for CCA

Received usual terms and conditions

Sent account in dispute letter

Received usual reply like everyone else

Stopped making payments

 

[Desperate Daniella]

Mercers are actually Barclaycard people wearing their Mercers hats. As you progress up the chain they start calling themselves Calders too. It's all part of Barclaycard. If you ever get as far as Calders just say to whoever calls: "Didn't I speak to you before when you were calling from Mercers?" This really flummoxes them.

 

I've just noticed in your letter (and they may have been doing this for some time) the use of what I would not call 'business' English: 'We've withdrawn...' , 'We'll instruct.....'. Is this supposed to sound informal and friendly so we'll be happy to call them?

 

I know there is info on other threads about Barclays using Mercers to issue its default notices but I can't remember where it is.

 

DD

[catuk]

Thans DD:)

[slick132]

Hi Cat,

 

As DD says, Mercers are just one of several of BC's in-house collection monkeys.

 

Mercers will write and may harass you on the phone with numerous calls daily. Keep a log of the time and date of each call.

 

Also, consider recording your incoming calls. This seems to be worth doing because you'll get evidence against them re harassment and the calls will drop in number when they find you're recording them.

 

See here - The Consumer Forums - Telephone Recorders reviews.

[slick132]

Hi Cat,

 

The 1st letter is similar in some ways to our site CCA request but doesn't include the references to Statute law. It also suggests that failure to comply will, by default, erradicate the debt, which I don't think would stand up in court.

 

Could you please PM me saying where you found the templates.

Edited March 20, 2010 by slick132
typo

[ukaviator]

I have had to unapprove the post with the Templates Cat. The link is ok but the letters look like they are copyright material.

 

Link is here:

 

http://www.getoutofdebtfree.org/

[catuk]

Hello, just had the 1st letter from Mercers.

 

Do I now send them the doorstop template letter with copies of the CCA letter and dispute letter that I originally sent to BC?

 

Many thanks guys and ladies.

 

 

Edited October 13, 2009 by catuk

[slick132]

Hi Cat,

 

Send the Bemused letter:-

 

Dear Sir or Madam,

ACCOUNT IN DISPUTE - Account number: XXXX XXXX XXXX XXXX

 

I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**. This obviously hasn’t happened.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines have breached and I consider this account to be in SERIOUS DISPUTE.

 

As you are aware, while my Consumer Credit Act request remains in default, enforcement action is NOT permitted and, under s127, this constitutes a complete defence at law.

 

I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

Yours faithfully,

 

[catuk]

Thanks so much slick,

 

One thing, I haven't sent a SAR request yet, should I be looking to do so or hold off until? I know that prior to starting the ball rolling so to speak I've had a few late payment etc charges applied to the CC account.

 

Big thankyou,cat

[slick132]

SAR will be a good idea to start on reclaiming charges.

 

Consider claiming interest in Restitution at BC's contractual rate - this could put a big hole in the amount you owe on the account.

 

Edited February 9, 2010 by slick132
typo

[catuk]

They're quick to pass my account around, just had this letter from Scotcall.

 

[catuk]

Hi slick, I PM'd yopu just now, I forgot to mention, the account number Mercers have on their letter is the correct one, Scotcall have the wrong one.

 

Thanks cat.

[catuk]

Sending Mercers and Scotcall both the bemused letter;

 

I've looked through Barclays Contact Address thread but I'm still unsure of address to use for SAR request. Use the one on my Barclaycard statement or?

 

Thanks cat.

[slick132]

Yup, that should be fine for the SAR.

 

It's only if you file against BC at court, that you have to use their full title and London address.