Mrs Moo bitten by Barclaycard

[poppy11]

Hi, I think I already know the answer to my queries but does not stop us being annoyed.

 

Years ago my partner had a Barclaycard got into finacial difficulty had a n agreement to pay £15 a month and did so for about 4 years, at the time had many other agreements set up with the help of the CAB and managed to squirrel away some cash so was occasionally able to offer full and finals. In October they decided to stop paying this as they didnt know who it was they were paying hoping they would contact so she could offer to settle and in the middle of February received a letter from Morrcroft saying that they were acting on behalf of Barclaycard and asking for either full payment of £1011 or contact for an agreement. She sent off a CCA straight away letter and received a letter dated 26/02 saying that this had been forwarded to Barclays for them to act on.

On Saturday she went to pay for our shopping and her card was declined, yes she banks with Barclays. When she got home she looked at her account and on the 26.02 Barclaycard had withdrawn £690.

I know that they can offset and there is nothing that she can do about it but how can this be legal that without even contacting her saying that they were going to do it, just to get through till next month she has had to take out a £1000 loan with Barclays so that she can pay her bills. In fact till they she rang them today they hadnt even confirmed that they had taken the money.

There is still £320 owed and who does she deal with...Barclays decdied not to wait for Moorcroft in fact the deadline for payment in full to Moorcroft had not even passed.

 

Sorry for the rent but so angry with Barclaycard.

[oilyrag]

Sadly Poppy it is legal - just as long as the account was not already overdrawn. The only thing you can do to stop it is to send a Letter of Appropriation (templates are available) although this does not always stop them.

 

Never ever have your day to day bank account with a Bank or CCco with whom you are in or are about to be in dispute. Barclays and Barclaysharks are just about the worst you have to deal with as well so particularly not this outfit. The moment you send in any form of S78 request or any other complaint they assume that you are about "work them over" and will do everything to frustrate your efforts and disrupt your daily life. It really is worth getting an account opened elsewhere because they WILL do it again and again. I am very surpised that they gave another £1000 loan. Several reasons,

1, you are likely to be in dispute (to them you have said so because of the request) It is normal practice of Barclays to start shutting you and your life down.

 

2. I would find it suspect of Barclays because it places you in further debt than you had originally and that is against the OFT guidelines.

 

3. Barclays would see you die, starve ( literally I know, been there) rather than extend any form of help to anyone. Greed and avarice are their only motivations hence take a very good look at what they have stitched you up with on that loan.

 

Hope that this helps

regards

oilyrag.

[poppy11]

My partner actually has a good credit rating having worked hard to get it sorted especially with Barclays, and we know its legal even if its not morale.

 

Just miffed that they passed it over to Moorcroft then took action anyway, the only thing I can see that they have done against the FOS is that they have not given my partner a reasonable chance to make payment, no contact except one letter from Moorcroft. I also believe that when they took the money they put her into her overdraft or left her with a virtually zero bank balance.

 

She is not in dispute and does not plan to be, sent off CCA to see who owned the debt to ensure that the right people get paid, its hers she got herself into it and she will pay her way out of it.

[oilyrag]

Sad fact of life, despite it being your legal right to see a true copy of your agreement, Barclays/Batclaycard will automatically assume your are on the road to a dispute. They generally do not have proper paperwork in place, much, not all, has been destroyed in successive cost cutting exercises.

Hence the immediate nervousness and defensive approach.

 

What they have done yo you and yours is just standard practice.

 

regards

oilyrag.

[slick132]

If the bank has taken money by way of Set Off which has left you short and unable to pay priority debtors, you may have had a chance of getting the Set Off reversed or reduced by a complaint to Head Office.

 

To have to survive the month by taking a bank loan is outrageous.

 

See here - The Consumer Forums - Announcements in Forum : Barclays Bank

[oilyrag]

Hi Slick,

Is this not BC all over?

 

regards

oilyrag.

[poppy11]

We are going to write to Head Office just to make a complaint over the fact that she had to take a loan, and that to take their money that they used her overdraft she does not get paid for another 4 weeks but we do understand their right to offset so dont feel it will get us anywhere but thats not the point.

[slick132]

I suggest you complain in the strongest possible terms to Barclays HQ in London.

 

I also suggest that you first call the FOS and inform them that the bank used the Set Off leaving you with no option but to take a bank loan, from Barclays, to make up the shortfall for the month.

 

I've asked DeperateDaniella to stop by as she's had experience of dealing with BC's nasty tactics.

[slick132]

Hi Poppy,

 

DesperateDaniella has tried to post but, for some reason, what she posted disn't show. Must be a Site glitch.

 

She's asked me to confirm that she'll try again later.

 

[Desperate Daniella]

Hi Poppy,

 

They are completely out of order here. They cannot put your partner into debt to pay their offset on the barclaycard.

 

Call the FOS immediately and tell them what Barclays have done. I have suggested that a number of people on the forum do exactly that and as far as I am aware Barclays have always backed down when given the FOS reference number. (In one case they took £7,000 from someone's account as soon as it came in from an insurance payment - and they handed it straight back as soon as FOS were involved. )

 

They cannot offset until you have paid all priority bills - they can only take disposable income.

 

Priority bills are the mortgage or rent, council tax, tv licence, and utility bills, and you must be allowed funds to travel to work, and to eat of course. You do not have to pay the utility bills by direct debit to make it easier for them to work out your disposable income. FOS are quite clear on that too.

 

They took money from my account three times last year and they paid it straight back as soon as I quoted my FOS complaint reference number.

 

I think FOS will be particularly appalled about Barclays giving you a loan to pay their own credit card. They are putting you into further debt which is against OFT rules, and of course they'll get interest on that loan.

 

When you have spoken to FOS call barclaycard and insist that they give the money back immediately. Do not be fobbed off if they try and tell you it will take days - they can do it in minutes.

 

Depending on what FOS say, apart from getting the money back I would also insist that they cancel the loan and refund any charges they have made for that too.

 

You can write to their HQ but that will take more time than getting on to FOS now.

 

Good luck. You can get it back.

 

DD

Edited March 9, 2010 by slick132
copied from my PM notification to see if it posts now ???