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Barclays vs Barclaycard

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Thanks happy1970 for all u doing here. I might have a question as well please.

 

If u are in dispute with barclaycard and tell them that they have to proof u owe them money and u are ready to go to court with them, do they have the right to take any money from your Barclay debit account without your consent? Isnt this a crime when someone is withdraw the money from your account without your consent or a court order?

 

thanks


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Hi there

 

Can i use a N1 form to take Barclays to court to return the money they paid to Barclaycard without your consent? Any advice welcome.

 

thanks


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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I believe that Barclaycard can and do take money from other Barclays Accounts to offset any money owed on the BC, and no i dont think it is against the law. :mad:

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Thanks sytra. But even like that they have to inform u about taking some money from your account, not just take it .


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Thanks sytra. But even like that they have to inform u about taking some money from your account, not just take it .

 

 

I wouldn't rely on this personally. They can take it under the right of set-off. If you think this could happen to you, open up another bank account and transfer your money out immediately.

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Hi TFD,

 

You could certainly use Form N1 but are you sure that you have a case against the bank.

 

Can you explain the circumstances in more detail.

 

I assume you know that banks have, and use, the "Right to Set Off" enabling them to raid your current a/c or savings to settle an amount due on another card or loan a/c.

 

There are circumstances where they should NOT do this, particularly where you have pre-warned them that a credit into the a/c is to be used for priority debts like rent, mortgage.

 

You can warn the bank that money being credited to your a/c is required for specific purposes using the "Right of Appropriation" letter. See here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html#post289030

 

:)


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Hi TFD,

 

I've moved your other posts and replies from Happy1970's thread which hasn't been used for 2 years.

 

Use this thread for your case from now on. :)


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Thanks for your reply slick. I should start my case from the begining now.

 

I sent all the letters to get hold of my contract but like nealy all of us here, without success so, i sent SAR letter with the 10£ payment.

 

Received it about 3 months ago but like i was expected without any contract. Since then i received all kinds of thretening letters from all debt companies including Barclaycard, all of them saying at the end they will take me to court, one of the letter saying that they will accept any deal and even less money that they said i owe to them.

I was waiting for the day they will take me to court and instead of starting any court actions Barclaycard started to withdraw money from my account.

 

I called Barclays and ask them how they can pay money to someone without my consent even is Barclaycard. As far as i know Barclaycard have to send u a letter to make u aware that "in such date we will withdraw this amount from your debit account, please make sure there are available funds". They just took the money that was designated to my rent and some of my bills.

 

Should i take miself Barclaycard to court?

Any advice will be appreciated.

 

Thanks


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Hi TFD,

 

Sorry but I think you'd be foolish to try taking BC to court about this.

 

The BC T&C's state clearly that they reserve the right to take money owing on the BC a/c from any other Barclays a/c that you have. Many others have been caught out by this.

 

The only way to avoid it happening again is to have a bank a/c that is NOT in the Barclays group, as suggested above.


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Hi TFD,

 

Sorry but I think you'd be foolish to try taking BC to court about this.

 

The BC T&C's state clearly that they reserve the right to take money owing on the BC a/c from any other Barclays a/c that you have. Many others have been caught out by this.

 

The only way to avoid it happening again is to have a bank a/c that is NOT in the Barclays group, as suggested above.

 

 

Thank you very much for your response slick132.

 

The thing is, u said is stated in the BC T&C's. How they can apply this if we dont have a CCA, or they refuse to produce one, if we have. The reason to take them to court for is that i sent SAR and there is no agreement. They dont have one or refuse to produce it.

 

Thats why i asked:

should i take them to court for not having a CCA but chasing a debt and ask them to write it off

 

or

 

having the CCA but not producing under SAR which obviously they breaking the law.

 

Upon checking my credit report this supposed debt was recorded. So i have a bad credit because of this now. I dont think another bank will open me a bank a/c at the moment.

 

I am not sure which step to take now.

 

thank you


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Hi TFD,

 

If you read other threads here in the BC forum, you'll see how BC deals with CCA requests, SAR's, etc. and how CAGgers deal with BC.

 

Just because they haven't yet sent you a Credit Agreement doesn't mean they don't have one. They are avoiding sending them out by relying on the CCA1974 which says they CAN send out T&C's to satisfy the request.

 

The banks, etc do not send out Credit Agreements in response to a SAR. You say they are "obviously breaking the law" but I think you're wrong.

 

There are ways to fight this, but going to court the way you suggest is not likely to get you what you want.

 

Spend more time reading threads here and you'll learn what others are doing.

 

In particular, you'll see that many complaints are being sent to the FOS re failure to supply the Credit Agreement in response to a CCA request. Although the FOS are generally slow, they appear to be getting the result CAGgers want - ie getting sight of the agreement.

 

To summarize you have to take the right action against BC depending on what they do, or don't do.

 

CCA Request - If they supply your T&C's, they HAVE complied with their obligations and you may not be entitled to withhold payments. But they have NOT produced an enforceable credit agreement, which they need to get a court judgement against you.

 

You can complain to the FOS and see if they will intervene on your behalf. In the cases we've seen, the Credit Agreement or other document IS produced and you then know if they have an enforceable Credit Agreement.

 

SAR - If they fail to send you the data (excluding the Credit Agreement) you require, and which you know they have, you can take court action to get an order for them to produce documents. See items 18, 19 and 20 in the Bank Templates Library.

 

You can also complain to the Info Comm'rs Office. :)


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The banks, etc do not send out Credit Agreements in response to a SAR. You say they are "obviously breaking the law" but I think you're wrong.

 

I thought a SAR is a formal request to supply one with ALL data held. Which includes:

 

"The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened."

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Yes, the SAR is a request for all data held concerning an individual.

 

I think the reason, that production of the credit agreement is not enforced as part of the SAR scenario, is because this is specifically covered by other legislation, namely CCA 1974.

 

I've asked the same question myself because it made sense to me that the SAR should get sight of the agreement. But I was informed that it just doesn't work that way. :mad:


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I thought a SAR is a formal request to supply one with ALL data held. Which includes:

 

"The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened."

 

 

I thought the same. :mad:

Thanks for reading my thread James. I will send a complain to the FOS and see if they will intervene on my behalf. Il keep u posted guys.

 

Thanks guys.

Edited by theformerdebtor

Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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I actually raised this specific issue with the Site Team in September.

 

I was told that the ICO (who deal with Data Protection and SAR related issues) will not deal with matters relating to credit agreements as these are covered by the CCA1974.

 

Try the FOS and see how it goes. :)


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Thanks again slick132.

 

Is there any template letter to send to FOS or do i have to do it in their way? U know, ring them and they will send the papers.


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Just receive these in the post this morning

 

 

1004.jpg

 

 

2002.jpg

Edited by theformerdebtor

Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Write a letter to BC and to Nelson Guest confirming that a formal complaint has been sent to the FOS on xxdate, concerning BC's refusal to provide the credit agreement.

 

Accordingly, the a/c is in a clear and serious dispute and, if they make any further collection attempts, phone calls etc, you'll report them to the FOS for breach of the OFT Guidelines on Debt Collection.


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Thanks slick132

 

l will send everything tomorrow. Thanks


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Ok. I hope u guys all had a great Christmas and a better New Year.

I complained to the FOS and I receiver their first response, like usual, we have to give the chance to Barclaycard, in 8 weeks to solve the matter if not, to send everything back with the new documents. This are the letters that i received in the post, all this time in the following order.

 

http://i831.photobucket.com/albums/zz236/himenator/Image2.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image3.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image4.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image5.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image6.jpg

 

 

and the last one from Barclaysharks

 

http://i831.photobucket.com/albums/zz236/himenator/Image7.jpg

http://i831.photobucket.com/albums/zz236/himenator/Image71.jpg

Edited by theformerdebtor

Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Hi Jameson,

 

I have no specific authority to confirm this but I think it would depend on whether you had an authorised o/d or not. They should not take from your current a/c and leave you with an unauthorised o/d.

 

But I think they COULD take from your a/c if this leaves you WITHIN your o/d faciltiy.

 

Hi TFD,

 

Have you complained about BC taking money from your a/c, or about them not supplying a copy of your credit agreement. Or perhaps both.

 

There is more to read here about protecting your money from being Set Off - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html#post289030

 

My understanding is that a Letter of Appropriation applies to any money being paid into your account and not just Benefits. So you could write to the bank pointing out how much of your money being paid in is required to pay priority debts.


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I've moved Jameson's posts from here to avoid hijacking.

 

The thread is here - http://www.consumeractiongroup.co.uk/forum/barclaycard/244092-jameson78-bc-re-set.html

 

:)


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Hi Slick.

 

I did complain about both. For taking the money without inform me first and about their refusal to produce credit agreement. BC said that about making sure there is money left for direct debits plus 100. None of this are thruth. How about the other expenses? There is no DD for rent. I am paying the rent at the post office but they just took the money so, i didnt paid it. Now we are behind thanks to them. They should send a letter like this before to take the money, to give u time to answer back if have something to say.


Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

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Jameson found a good link about this on the FOS Site - http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

 

I suggest you send a Right of Appropriation letter to the bank before you pay in any more, to avoid them helping themselves further.

 

Better still, open a bank a/c elsewhere.

 

See how the FOS respond and, if you get any more collection letters from BC or Mercers, Nelson Guest or anyone else, send them a note of the FOS complaint ref. no. and tell them to back off.

Edited by slick132
reposted link

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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