Can Barclay card take money from my current account without my permision?

[le_bonn]

Hi everyone, This is my first post on hear and I could really do with a bit of advise.

 

This is a bit convoluted but I have recently had Capquest calling me regarding an old Barclay card debt that I stopped paying because about 3 years ago when I was a student Barclay card took £200 pounds out of my Barclays current account without asking for my permission first causing me all sorts of problems with things like rent.

 

At the time I questioned this in my Branch and was told that BC was allowed to do this as I was late with my payments.

 

Is this legal. I'm not sure that it is, If it was a different credit card company they would be unable to do this to me.

 

any advise would be greatly appreciated. as I think, after reading about capquest on the related forums that I will need all the ammunition I can get.

 

thanks in advance.

 

le_bonn

[silverfox1961]

Hi Le-Bonn and welcome to CAG. You will get help I know.

 

As to your question. Unfortunately they can. It's called the right of Off-set.

 

Have you questioned whether Capquest have the right to be collecting on this debt via a CCA request

 

A few more details about the debt would be helpful

 

How long ago did you open the card account

How much of the debt is made up of charges (rough figures)

[le_bonn]

Hi there. Thanks for your promt reply. With regards to the CCA request, I havent had any writen correspondence with Capquest, Just Lots of phone call asking if I am Who I am. I have reffused to confirm this with them until they disclose the nature of their interest which they are being cadgey about. I have recently move house so they dont have my new address ( would it be a good Idea to write to them with my new correspondance or just ignore the phone calls?). I think they must have got my phone number from my webisite.

 

It can only be my barclaycard debt as this is the only credit that I have defaulted on. A good proportion of the debt will be made up from charges, im not sure of the exact figures probable atleast 50% . I Paid a fair proportion of this debt to Morecroft debt collectors but defauled on this payment plan when I lost my job that was about 2 years ago.

 

I opened this credit card 8 years ago, I was previously advised to attempt to recalaim my Payment protection as I was missold this.

 

Thanks again.

[le_bonn]

Ps Sorry for posting this thread so many times. my internet is playing up.

[silverfox1961]

You are doing the right thing by refusing to divulge personal info. Eventually Capquest will write. When that happens I would advise sending them a CCA request. This will cost a quid postal order (plus Recorded delivery postage)

 

In the meantime (and if you can afford it) send Sharkleys a SAR to work out how much of this debt is made up of charges and put a reclaim in. It matters not that the debt has been passed on.

I would send letter 11 from here

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[silverfox1961]

Ps Sorry for posting this thread so many times. my internet is playing up.

 

One of the helpful mods will sort it for you

[le_bonn]

Thanks Again got the advise. I will continue to ignore capquest calls. (will this reflect badly on me if it ever goes to court? as im not being co-operative)

 

Am i correct in thinking a SAR cost £10? Also if I write to barclay card will they not supply Capquest with my correct correspondance? something I would rather avoid if possible, Im living with my fiances parents currently and I dont wont bailifs coming round and frightening the inlaws!!

 

I have been loging all capquest calls. (3 a day everyday for the past week)

 

Sorry for the mulitple questions/

 

Cheers LB

[silverfox1961]

I can guarantee thet once you start sending letters to BC, those details will end up in the hands of the DCA.

 

As for bailiffs turning up on your doorstep. That will not happen unless capquest take you to court (if they have bought the account) If they took you to court and you failed to pay the judgement, CQ can then go back to court to enforce the judgement-ergo-bailliffs

 

And yes the SAR costs a tenner

 

They may threaten you with doorstep collectors but we can deal with that too

[silverfox1961]

One other thing. There is no law that forces you to give out sensitive personal info to DCA's. They won't tell you what they want to discuss because of the Data Protection Act.

 

All you have to say to them is " In writing please" and hang up

[le_bonn]

Hi one more question. Would It be possible for BC or CQ to take me to court for non payment without writing to me and receiving back an acknowledgment of the debt.

 

Im very worried about approaching BC with any of my correspondence. Part of me is saying simple ignore it as it is unlikely that CQ will be able to find me at this new adress. I am alot more concerned about this at the moment as I am not working so have very little to bargain with.

 

Cheers

[silverfox1961]

That could be an issue. Creditors can get a CCJ on the last known address if you haven't informed them. It is also known that creditors will try and get a CCJ at a previous address even after you have told them of the new address.

 

As you are on benefits, the government say that is the "minimum" for you to live on so any DCA who tried it on would only get £1 a month anyway as that is all you could afford.

 

I just noticed that you had PPI on this. If you could get that repaid (along with compound interest) it may wipe out the debt anyway

 

At the end of the day (it's midnight ) it is your choice which way to go. My advice is to tackle it head on. Others may disagree.

[citizenB]

Do you know how much is owed on the outstanding balance.

 

If the PPI was mis sold then you could attempt to reclaim that. Also if there are any charges added to the account you could reclaim those as well. I guess what you need to do is work out how much would be wiped from the balance if you were to reclaim.

 

If you are worried about revealing your new address then I think you are going to find it very difficult to obtain information or apply for refunds of PPI and charges.

 

As already advised, they could possibly obtain a CCJ on your previous address, if mail isnt being forwarded to you then you wont know if they have applied or issued a claim already.

[le_bonn]

Thanks for your advise. I will put a thread into the debt collectors section to try and get some advise on dealing with capquest.

 

Cheers

[le_bonn]

Thanks Citizen B. Its a mine field. I am just worried about capquest having my address as I have heard some very bad things about them. I will probably write to BC as ignoring this wont make things any better.

 

thanks again.

 

LB

[le_bonn]

also I have no idea what the balance would be now. the limit on the card was £1200 and it wasnt maxed out when i stopped using it, I have paid about £400 pounds to Mercers a few years ago but I have no Idea what charges BC have applied.

[le_bonn]

Sorry for the multiple post, I am a bit stressed out. Thanks for all your help it is really appreciated!

[saintly_1]

Hi I have merged your duplicate threads and unapproved the 'extras'

 

 

hope that helps

[slick132]

Hi LeBonn,

 

The way to deal with this is to write to BC with a SAR giving your new address and confirming your old one.

 

Of course they'll pass this on to any DCA but you can pretty much ignore them. You only have to inform the DCA that the a/c is in dispute regarding BC's unlawful penalty charges.

 

After that, ignore the DCA. There's little they can do and court action is usually months or years down the line.

 

Read up on reclaiming penalty charges PLUS compound interest in restitution at the banks's contractual rate. Read the Interest Tutorial linked in my signature. Also, read this thread through - http://www.consumeractiongroup.co.uk/forum/showthread.php?271291-Barclaycard-4-cards

 

If there are older charges on the a/c, compound interest can put a large dent in the amount owed. Reclaim PPI and interest on top and you may well be getting a refund from BC.

 

[le_bonn]

Hi there. Sorry for the long post but i decided it would be a good Idea for me to put up where I am with BC and CQ

 

I have sent this to BC

 

Dear Sir/ Madam

 

Please supply me with a copy of all information your company holds on me including a list of accounts and details of payments.

 

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession, which relates to me and am entitled to under section 7(1) of the Act.

 

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

 

For the avoidance of any and all doubt, I reiterate:

 

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

 

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

 

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee.

 

Please be aware that my previous address was:

 

Xxxx

Xxxx

Xxxx

xxxx

 

Yours sincerely

 

Mr le_bonn

 

and this to CQ

 

Dear Sir/Madam

 

Ref: xxxxxxxxxx

 

I have recently been receiving very regular phone calls from your company; I am not in the habit of answering or responding to unsolicited calls to my mobile telephone and I do not regard this as a valid form of correspondence. I have discovered the nature of your business something that you felt unnecessary to divulge in any of your telephone messages and as such request disclosure as to the nature of any alleged debt you are pursuing

 

Please note that I have contacted you and provided you with an address (above) through which I request that all possible future correspondence take place. I would like to inform you that I will not discuss anything over the telephone and that all possible future calls will be logged but not answered.

 

I would point out that I have no knowledge of any debt being owed to Capquest.

 

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

 

Mr le_bonn

 

Please let me know what you think, or if I have made any glaring errors. cheers le_bonn:)

[silverfox1961]

I have put a few thoughts within your post. You can't fail to spot them:)

 

Hi there. Sorry for the long post but i decided it would be a good Idea for me to put up where I am with BC and CQ

 

I have sent this to BC

 

Dear Sir/ Madam

 

Please supply me with a copy of all information your company holds on me including a list of accounts and details of payments.

 

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession, which relates to me and am entitled to under section 7(1) of the Act.

 

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

 

For the avoidance of any and all doubt, I reiterate:

 

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

 

I would separate this paragraph into bullet points. It is easy to miss bits when it's bundles in together

 

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

 

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee.

 

Please be aware that my previous address was:

 

Xxxx

Xxxx

Xxxx

xxxx

 

Yours sincerely

 

Mr le_bonn

 

and this to CQ

 

Dear Sir/Madam

 

Ref: xxxxxxxxxx

 

I have recently been receiving very regular phone calls from your company; I am not in the habit of answering or responding to unsolicited calls to my mobile telephone and I do not regard this as a valid form of correspondence. I have discovered the nature of your business something that you felt unnecessary to divulge in any of your telephone messages and as such request disclosure as to the nature of any alleged debt you are pursuing

 

Please note that I have contacted you and provided you with an address (above) through which I request that all possible future correspondence take place. I would like to inform you that I will not discuss anything over the telephone and that all possible future calls will be logged but not answered.

 

I would also put in there somewhere that if you do decide to answer any calls, they will be recorded (even if you're not)

 

I would point out that I have no knowledge of any debt being owed to Capquest.

 

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

 

Mr le_bonn

 

Please let me know what you think, or if I have made any glaring errors. cheers le_bonn:)

 

Apart from my comments, I think they are good to go.

 

DO NOT sign the letter to CQ and send it recorded delivery

 

With the SAR, you will have to sign it but to avoid the (remote) possibility of your signature being lifted, use this:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=19364&d=1277325754

Edited August 27, 2010 by silverfox1961
missed a bit

[le_bonn]

Thanks for your points i will put them down. I will send both these off. I will be sure to post any reply's that come back. and will keep you all posted as to CQ's reply.

 

Hopefully this will prevent CQ being able to get a CCJ on any previous address of mine. they have taken to calling from local numbers from the area I used to live rather than from their central call center so I asume they are planning something unpleasant.

 

Thanks again. I feel allot better about things now I have taken control of the situation and stopped ignoring things and this way if things do end up going to court I can illustrate that I have attempted to deal with my creditors.

 

Cheers LB

[le_bonn]

Sorry One more thing. Why do I have to sign the SAR?

[silverfox1961]

Sorry One more thing. Why do I have to sign the SAR?

 

Lots of creditors are refusing to supply info under the DPA without a signature. They are using the excuse that they must verify the identity of the applicant which can result in long delays getting the data to you.

I had one that sent me a letter a full month after they had got the request asking me for proof of ID and then they still took another 50 days to respond

[le_bonn]

Cheers. I have sent the SAR already, Unfortunatly without a signature on, So they will probable delay my request.

 

also I was wondering at what point would it be valid for me to place this account in dispute.

 

Cheer LB

[silverfox1961]

Once you put in a reclaim letter to BC for the card charges, that would put the account into dispute.

Once CQ contact you, you could write back informing them of this or just CCA them