Barclays took half my wages for Barclaycard account is there anything i can do?

[SURFBOY]

I am a single working parent and i have my monthly wages paid into my Barclays account. I have a Barclaycard with a ballance outstanding that is under dispute as they have not supplied me with my aggreement after numerous requests to do so.

Today i find that barclaycard have taken half my wages from my current account leaving me with approximately £100 to live on for the month!

I know that barclaycard are allowed to do this but is there anything that i can do as i am now left with no money for me and my 2 children to live on?

[maroondevo52]

Hi,

 

Nightmare surfboy, your right thay are allowed to do this, bit late now but you must open a new account elsewhere or they will continue to use the rule of 'offset' whilst you have more than one account with them.

 

I'm not sure what if anything you can do.

 

Regards.

 

Scott.

[SURFBOY]

Thanks.

I have already opend another account with nat west, i need to get my wages paid into the new account and alter my direct debits.

I just wonder if there is any way i can get my money back as barclaycard have not responded to my s78 request and i also know for a fact that i have not signed any credit agreement with barclaycard.

[Dotty50]

Hi,

 

I am sure I have read on here that you can try claiming it back under 'Hardship' rules.

 

Try searching under 'offsetting', something may come up.

 

Oh, this may only apply if the money going into your account is a benefit of some kind, not a wage.

Edited January 3, 2010 by Dotty50
Further information added

[Desperate Daniella]

Hi Surfboy,

 

They cannot take the money and not leave you enough to live on. They are allowed to offset, but you must be allowed to pay priority debts/commitments first. These are mortgage/rent, council tax, tv licence, utility bills, etc., and of course you are allowed to eat, money for fares to get to work and so on.

 

Call the Financial Ombudsman Service first thing in the morning and tell them what has happened. They will note your complaint and put you through to a direct line to Barclays Complaints Department (without you going through the call centre).

 

They did this to me three times last year and reimbursed it on the same day as soon as I called FOS.

 

Make sure you tell FOS you are a single parent with two children. They took my child benefit on the day it came into the account, and that was not appreciated by FOS.

 

Also, Barclays will argue that they cannot tell if you have priority debts/commitments unless they are paid by Direct Debit or Standing Orders. This is complete rubbish and FOS will confirm that you do not have to pay your bills by these methods in order to make it easier for Barclays to offset.

 

Good luck.

 

DDxx

[Desperate Daniella]

I should have said that they can offset, but only from "disposable" income. If you can account for all your outgoings and are still struggling to pay your priority bills they cannot offset.

[slick132]

Hi Surfboy,

 

Barclays and BC are at it again .....

 

Read this thread - http://www.consumeractiongroup.co.uk/forum/barclays-bank/240187-barclaycard-took-all-my.html

 

There are also links to 2 other relevant threads in post #33.

 

Read through the threads and then make a formal complaint to Barclays London HQ by Rec'd Del'y letter.

 

Although you say the BC a/c is in dispute because they have not sent your credit agreement, they may have fulfilled their obligations by sending you their T&C's.

 

However, pursue the matter vigorously on the basis that they have not left you sufficient money to pay your priority bills.

[slick132]

By all means, try the FOS first as suggested by DD above.

 

We were both posting at the same time.

[SURFBOY]

Barclycard have not even sent me any terms and conditions in response to my CCA request ! All they sent me was a letter stating that my agreement would be sent in further correspondence. I waited for a few months then i sent them a CCA reminder letter , then i got a further letter saying that i would be sent the agreement in further correspondence! this has been going on for over 2 years........ they havent even sent me a reconstructed copy!!!!!! they have sent me a big fat zilch!!!

[SURFBOY]

I did expect barclycard to send me just terms and conditions but they have not sent me anything.

[SURFBOY]

bump

[Desperate Daniella]

Hi,

 

I'm amazed that they haven't been sending in the DCAs! That's what they normally do when they haven't got an agreement.

 

You can complain about their failure to send it to FOS too, but the main thing is to get your cash back. Did you have any luck with FOS today?

 

DD

[SURFBOY]

I have not contacted FOS yet , I have spent the day changing over my direct debits and getting my child tax credits paid into my nat west account.

DCAs have tried to collect on the barclycard but i have easily sent them packing when i informed them of the dispute and lack of response to my CCA request

Edited January 4, 2010 by SURFBOY
to add to.

[slick132]

Hi SB,

 

By sending you their T&C's BC may have fulfilled their obligations imposed by s.78 CCA 1974 so the a/c is not necessarily formally In Dispute.

 

However, as BC said that they will send you further documentation and failed to do so, I think you should use this angle to argue with BC that they had no right to take unilateral set-off action.

 

Add to this that the money they have taken is required for priority bills and to see you through the month.

 

You can offer to send BC a Budget Planner to demonstrate how much money you require through the month and how much, or little, you can offer to pay them towards the a/c until the dispute is resolved.

 

Or enclose the Budget Planner with your complaint.

 

But you must get this off quickly as, the longer you delay making a formal complaint in writing, the less likely you are to get your money back.

[SURFBOY]

Thanks slick.

The thing is that Barclaycard havent even sent me any terms and conditions, just the letter saying they are going to send !!! That is all they sent!

I will be sending the letter of complaint off asap.

[slick132]

Sorry, I thought they HAD sent you T&C's.

 

So you can use the fact that they've not even sent T&C's to contend that they are in default of your CCA request.

 

Accordingly they had no right to take ANY collection action and your complaint to Barclays will be stronger as a result.

 

Send it quickly and perhaps email a copy of your letter before posting a hard copy to the CEO's office.

[sarnie2109]

Surfboy any news on this?

I reported mine to the police as theft today!

Although mine is slightly different to your's as my alleged debt was a Morgan stanley, then Goldfish debt.

[SURFBOY]

No news yet, i am going to give Barclycard 7 days to refund my money then i will go to OFT .

I dont know about reporting it to the police as they are allowed to" set off " the ballance.

I have now closed my account with Barclays and i will not be paying another peny to Barclycard unless i am orderd to do so in a court of law.

I will keep my thread updated as and when.

[Josie8]

No news yet, i am going to give Barclycard 7 days to refund my money then i will go to OFT .

I dont know about reporting it to the police as they are allowed to" set off " the ballance.

I have now closed my account with Barclays and i will not be paying another peny to Barclycard unless i am orderd to do so in a court of law.

I will keep my thread updated as and when.

 

 

Don't wait 7 days go to the FOS first thing tomorrow

[SURFBOY]

josie8 , would i not have to give them reasonable time to refund before making a complaint to FOS?

[slick132]

Acting quickly on this, as I said earlier, is your best chance to get a result.

 

Have you not yet complained to Barclays HQ ?

[SURFBOY]

No , not yet , as i have been stuck at work doing 24hour duties because of the bad weather.(Hard to do when you are a single parent.) I think that i will be on the phone tomorrow complaining .

I do appreciate the advice offerd and will let you know how i get on.

[slick132]

I understand, but there is no substitute, in cases like this, for a fast complaint to HQ so they KNOW you mean business.

 

In writing by Rec'd Del'y.

[SURFBOY]

Just got off the phone to FOS, had an interesting conversation.

Telephone opperative has told me that they have just had a note through advising them that banks are now allowed to enforce agreements even if they do not have / have lost/ credit agreement!

I asked him where he got this info from, he said it was a high court ruling last week!

I asked if he had any more details of this ruling, court details, case number, anything?

He said that all he got was a note saying that the high court had ruled that they could enforce without an agreement!

This is what the FOS are now advising customers !

Edited January 11, 2010 by SURFBOY
correction

[sarnie2109]

funny you should say that, but i was told today by the FOS it was regarding the CCA's, as the request we sent DOES allow them to send you a CCA but WITHOUT the signatures, i gues to force our hands into- do or dont we want to take them to court incase they do have the signitures........... i have the horrid feeling i am being b@ggered by statutes that are there to protect us.

 

ive just got back from the police station trying to report barclaycard for theft, they have no contract signed by me and opened a platinum credit card account without me signing a cca.....and the barclays bank account the 'off set' against was opened by my old bank the woolich......... so ive never signed anything with the bank, so ive not agreed to there terms and conditions etc............ so i see it as theft........ the police just said they are a big organisation and have bought the debt so they can do what they like.... i told both the sargent and the woman pc i am reporttying both of them for neglecting there duties:mad: