My little sister is panicing

[Minimoos]

my younger sister has a barclaycard that she has not been able to pay for 2 months, she has not contacted them. She had put some rent money into her barclays account which some of this was her flat mates share. Thy have taken it .She now has no money to pay the rent. We dont know wht we cn do ? please hlp

[Minimoos]

please help she has been left with no mony for food or to get to work.

[Minimoos]

hlp

[dx100uk]

sadly they can do this under the set-off rule.

 

i don't think there is anything you can do about it.

time to get an A/C with a bank she has NO other financial links too or take out another card, transfer the bal and close the barclaycard.

 

just one final note:

they can ONLY take arrears nothing more

 

dx

[Minimoos]

thank you, is it worth sending a cca request letter ? for future.

[Minimoos]

do i send one ?

[Minimoos]

help

[dx100uk]

objectively that won't get the money back, and you won't get one out of BC anyway [see the BC forum].

 

even if the CCA were to be deemed unenforceable, that doesn't make the debt go away, sadly., Against what you probably have read from the reclaim rip-off co's, it's not some magic bullet that wipes debt out.

 

have you investigated the unlawful charges on the card? bet there are loads, what about PPI too? either or both of those can be reclaimed + interest. that might claw back more than they took!

 

dx

[Minimoos]

thanku, can u explain what PPI is, wont the CCA request give me a break in payments while i am struggling ? i am still unclear on what to do, ill hve a read too.

[Desperate Daniella]

Sorry, I have only just seen this.

 

They can offset but only AFTER essential and priority bills have been paid. They can offset against disposable income. Your sister is allowed to pay her rent, council tax, tv licence, utility bills, and of course she must be allowed to eat, get to work or college, and so on.

 

Get her to call the Financial Ombudsman Service first thing in the morning and explain it all to them, and they will confirm the above. They will give her a reference number, and a direct line for the Customer Service (Complaints) line. They did this three times to me last year and every time I called FOS and as soon as they knew that they gave me my money back the same day - every penny. If they try and say it'll take a couple of days she must say she cannot survive over the weekend and she'll have to go back to FOS.

 

Good luck to your sister.

 

DD

[Desperate Daniella]

PPI is Payment Protection Insurance which they all try and flog every time they issue a credit card.

 

I didn't take it out so don't know about the re-claiming for mis-selling and so on but I know that people have been very successful in getting this and there are loads of threads about it.

 

A CCA request doesn't give you a right to stop payments. If they fail to comply with that request you can stop, but I wouldn't recommend it if you want to continue using the card, and don't fancy an ongoing battle. If it's a recent card it may well be an enforceable agreement anyway, and by not paying it only makes the situation worse.

 

DD

[sea-sidelady]

I have moved this thread to the Barclaycard forum

[slick132]

Hi Minimoos,

 

You need to give others a chance to respond before bumping or prompting for answers. We'll help but you have to be a bit patient too.

 

Follw DD's advice about calling the FOS.

 

Also, can YS open an a/c elsewhere to avoid this happening again.

 

[Minimoos]

can u beleve the one time i need help asap BROADBAND DIES.

I will take all ur excellent advice and get her to call fos now . thankyou all ill keep u updated and wait PATIENTLY for any replies lol

[slick132]

Hi Minimoos,

 

As a general point, I believe you have a better chance of getting the money back if you tackle this quickly, whether that's through the FOS or by contacting Barclays HQ to complain.

 

Read here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/237888-mercers-debt-collection-agency.html#post2641296

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/239391-barclaycard-has-just-cleared.html#post2661733

 

[Minimoos]

thanks slich se has rang fos who have said she must contact barclays which she has done. They have asked for a copy of her teancy agreement to prove she has rent to pay as the money thy have taken was rent money, she now has nothing. The fo and brclaycard both said the have 8 WEEKS to resolve this

[slick132]

I think you should go back to the FOS and point out that, by the time she's waited 8 weeks for Barclays to respond, she'll be homeless !!

 

Tell them this is URGENT and you require a ref. no. to quote to Barclays and you would like urgent action from the FOS to get YS's money back from Barclays.

 

In case this course of action doesn't go to plan, also complain direct to Barclays London HQ by email. Contact John Varley, Group Chief Executive and ask for urgent action from one of his team.

[Minimoos]

ok will do that today, hankyou slick

[Desperate Daniella]

She can go into any branch of Barclays and get them to do the fax of the tenancy agreement if she gets the fax number from Barclays. I did that the first time to prove my mortgage payments. They said fax it and I said why should I pay £2 to do that as I hadn't got a fax, and they actually told me to go into a Barclays branch.

 

They will usually shift if you quote the FOS reference number. She really has to be strong with them though. She must tell them she is well aware of her rights about her priority bills.