Barclaycard took all my money from my barclays account!! can they do this

[CherryS]

Hi

 

Someone Please help me.

 

Chirstmas Eve i recieved my backdated housing benefit of £1673.13 into my barclays cash card account.

 

5 days later Barclaycard ( credit card) took it all, from my account. After 2 days of argueing with both banks, barclays credit card say they can legally take money from my barclays bank account to repay my debt. Is this Correct??

 

 

Thanks

CherryS

[yourbank]

Was it taken by Direct Debit? If it was then they have to refund under the Direct Debit Guarantee Scheme.

The answer is yes they can under the Right of Set Off.

[CherryS]

Thanks for the reply. No. I only have a cashcard, so no direct debits or standing orders allowed. doesnt even have a chip n pin. I can only use it to withdrawn money.

[yourbank]

How did barclaycard take the money? What does it say on your statement?

[CherryS]

I phoned barclays bank right away to find out where the money went and they said it was a transfere. But i never did anything. And they said i have to contact barclayscard.

So i did and barclaycard said the exact words: We asked the bank what funds you have, and then we take what we can.

[yourbank]

In that case, tell Barclays it was fraudulent since you did not authorise the transfer. Was there an amount outstanding and was an agreement already in place to pay it?

[CherryS]

I do have money outstanding with barclaycard, and no there was no agreement made at all. They just say they do not need authorisation from me to take the money and they can legally do it

[2ltr16valve]

Was it taken by Direct Debit? If it was then they have to refund under the Direct Debit Guarantee Scheme.

The answer is yes they can under the Right of Set Off.

 

 

If this is backdated housing benefit, to pay rent... then I thought they are not allowed to take this money ? I know you can get rent money back if its taken in charges ?

 

Dunno if this angle will help ?

[yourbank]

If this is backdated housing benefit, to pay rent... then I thought they are not allowed to take this money ? I know you can get rent money back if its taken in charges ?

 

Dunno if this angle will help ?

 

Are you talking of First Right of Appropriation or are we going down the Social Security Administration Act 1992 route?

 

To the OP, were you paying the Barclaycard bill regularly if not more that was required?

[2ltr16valve]

Are you talking of First Right of Appropriation or are we going down the Social Security Administration Act 1992 route?

 

To the OP, were you paying the Barclaycard bill regularly if not more that was required?

 

 

First right of Appropriation, the SSA is a waste of time is it not ? as there seems to be no clear "definition" of what they can and cant take lol

[CherryS]

Yes. They said they would only refund 1 months rent, but not arrears. Then after argueing that i have other bills to pay and a 9month old baby to support, as i was made redundant before christmas.

 

Then she said well what bills do i have? and they would only refund utility bills but wouldnt refund any money to support my baby.....

[yourbank]

Yes. They said they would only refund 1 months rent, but not arrears. Then after argueing that i have other bills to pay and a 9month old baby to support, as i was made redundant before christmas.

 

Then she said well what bills do i have? and they would only refund utility bills but wouldnt refund any money to support my baby.....

Did they ask you for an income and expenditure form? Did they do this over the telephone?

[CherryS]

Are you talking of First Right of Appropriation or are we going down the Social Security Administration Act 1992 route?

 

To the OP, were you paying the Barclaycard bill regularly if not more that was required?

 

 

I was paying regulary £50 a month for a while, then stopped as i was paying them £50, but then they would charge be £50 interest... so it didnt make sense to me as i wasnt repaying them back... just giving them £50 for nothing.

So i sent them letter explaining this, but just got replys back saying they were investigating it and would get back to me... which they never did...

[yourbank]

I would also suggest opening a Post Office Card account since Barclays wouldn't be able to take any money from you and the benefit money can go there without anyone taking anything from you.

Is there any credit card charges from Barclaycard since we might as well go after them as well?

[CherryS]

Did they ask you for an income and expenditure form? Did they do this over the telephone?

 

i spoke to them over the phone. they told me to fax over my tendency agreement, which proves rent amount and the other bills to them, so they can then decide on a refund.

I have spoken to them and they said they would only refund 50% of my bills

[CherryS]

I would also suggest opening a Post Office Card account since Barclays wouldn't be able to take any money from you and the benefit money can go there without anyone taking anything from you.

Is there any credit card charges from Barclaycard since we might as well go after them as well?

 

 

Yes heaps. in 2006 i paid off half my credit limited of £3200. then they charged me between £47 - £68 per month interest, plus £30 everymonth for charges

[yourbank]

i spoke to them over the phone. they told me to fax over my tendency agreement, which proves rent amount and the other bills to them, so they can then decide on a refund.

I have spoken to them and they said they would only refund 50% of my bills

 

If you have the letter which has the backdated housing benefit then I would have thought that is the most important since the whole point of HB is to pay your rent. If they are not going to allow you pay the rent and any arrears on it then that is not what the money was intended for. If they do not budge then it will be time to escalate it to their head office and CEO.

[yourbank]

Furthermore, I think I would mention in any complaint letter that the agreement was to pay back a certain amount but that the interest meant you were repaying none of the debt so you are asking them to look at this issue further since them taking your money has left you still in financial hardship.

[CherryS]

I have the letter. How do I fight against this?

[2ltr16valve]

If you have the letter which has the backdated housing benefit then I would have thought that is the most important since the whole point of HB is to pay your rent. If they are not going to allow you pay the rent and any arrears on it then that is not what the money was intended for. If they do not budge then it will be time to escalate it to their head office and CEO.

 

Furthermore, I think I would mention in any complaint letter that the agreement was to pay back a certain amount but that the interest meant you were repaying none of the debt so you are asking them to look at this issue further since them taking your money has left you still in financial hardship.

 

 

 

Also, if the OP contacts the HB dept. Could they not pull the payment back on the basis the money is not being used where it should be ? by the bank being obstructive ?

 

dont know if thats an option

[rp123456]

I know you are getting this sorted but the banks do this regularly. I used to work for Abbey in the mortgage department. If there were any arrears on the mortgage account and a balance in the customers Abbey Bank account then they would just pull the funds out to cover the arrears.

 

I think it is very common across all banks to be honest... it is very worrying as they shoudl not just be able to take money out of your account when they feel like it, even if you have a credit agreement with them.

 

After knowing this could happen I always made sure my bank account was in a different place to and lending.

 

Sorry this doesn't help much but at least you know it's common with all the banks.

[yourbank]

Worth asking them IMHO.

[CherryS]

Also, if the OP contacts the HB dept. Could they not pull the payment back on the basis the money is not being used where it should be ? by the bank being obstructive ?

 

dont know if thats an option

 

Sorry but what is OP?

 

This has never happened to me... im just so stunned that they can just dipp into my bank and take what they want. and i cant believe the bank gave it to them

[yourbank]

You are the OP----Original Poster

[yourbank]

Write to the CEO, cc it to the FSA, send proof the money was backpayment from HB intended to pay your rent, and ask for it back.