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asteroid

Please Advice !!! Un-Authorized access to account by BarclayCard

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Hello guys, I will get direct to the point. In the past my wife went over the agreed limit on Visa BarclayCard. Agreed limit was £250/- and she went up to £420/-. Due to financial hardship she agreed to pay £6/- pm direct to BarclayCard to bring the account to normal. A direct debit was setup from her barclay bank account to pay toward the Visa BarclayCard. It carried on nearly a year like this and after reading some coments on this site she sent a recorded delivery letter with £1/- check on 16th July 10 asking BarclayCard to provide a true copy of Comsumer Credit Act. BarclayCard never replied, so another recorded letter was sent to them on 1st Sept. as a reminder. Before the 1st Sept. my wife cancelled the direct debit to BarclayCard just because they did not reply and not provided the copy of CCA within 28 days of the first letter. In this reminder she also informed them of stopping the direct dedit and will start paying them once they have provided her with the copy of CCA. Near the end of Sept. she recieved a phone call from BarclayCard demanding to pay the balance. she tried to expalin the operator that she will start paying once she receive CCA. After bit of argument with the operator my wife cut the call. Today she recieved a Barclay Bank statement showing £47/- have been debited by BarclayCard. A 2nd letter from BarclayCard in which stated "as your acct. was in arrears we have carried out our legal right to set off the outstanding arrears owing to BarclayCard from your Barclay Bank Account". Bottom of the letter in small prints written " as your other account is also with Barclay Bank PLC we are able to apply funds from this account to repay the debt owed on your BarclayCard".

 

We want to know if BarclayCard allowed to take this action without my wife's authorization, and what can she do to get £47/- back. she will be going to bank to ask them why her account has been debited without her authorization.

 

Can any of you advise what other actions can be taken against BarclayCard and Barclay Bank ?

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Hi Asteroid,

 

BC would normally be within their rights to take the arrears from your bank using the Right to Set Off.

 

However, if you sent BC a proper CCA request with the £1 fee, BC had to respond within the 1st week in July or they were in breach of rules as per s.78 CCA1974.

 

They cannot do certain things until they HAVE responded to the CCA request. See the letters here at posts #2 and #4 - http://www.consumeractiongroup.co.uk/forum/showthread.php?167584-Barclaycard-No-CCA&p=1805429&viewfull=1#post1805429

 

If they have acted improperly, complain to Barclays HQ in writing that the amount was taken whilst the a/c was in a clear and serious dispute, because of their failure to respond at all to your CCA request. Point out that Financial Hardship is involved and that is why payments have been limited.

 

Tell them you want all monies taken under the Right to Set Off returned immediately to the bank account.

 

Be aware that they can reply to the CCA request by just sending you copies of their T&C's, after which they can use the Right to Set Off again. So you may want to consider opening another bank a/c outside of the Barclays Group.

 

8-)


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Thread moved into BC forum.

 

:wink:


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Hi asteroid

 

You should also open a new bank account with a different institution and have income payed into that.

 

best wishes

 

vic

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Thank you all for the advice, for surely my wife will transfere to other bank. But in the mean time I will write to BB HQ to complaint and asking to refund the £47/-. I checked the statements but did not fing Barclay Bank HQ address. Would you be able to pass me the address ? Thank you

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Barclays Bank PLC

1, Churchill Place

London E14 5HP

 

You didn't say whether or not you sent a proper CCA request and fee in response to my remarks above:-

 

However, if you sent BC a proper CCA request with the £1 fee, BC had to respond within the 1st week in July or they were in breach of rules as per s.78 CCA1974.

 

Please confirm about this.

 

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Barclays Bank PLC

1, Churchill Place

London E14 5HP

 

You didn't say whether or not you sent a proper CCA request and fee in response to my remarks above:-

 

 

 

Please confirm about this.

 

:-)

 

Hi Slick, Thank you so much for the reply and advice. I have written all in my initial message about requesting CCA, Yes i did write to BarclayCard requesting CCA with £1 cheque. Then again on 01/09/10 as a reminder. Both times the request was sent as recorded delivery and were accepted (checked on royal mail site). Just now I was editing the letter from the link you provided and planing to hand in personally to the branch and obtain reciept proof. will let you know the outcome after the bank visit. Thanks again

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Hi Slick, been to the bank today and the manager put his hands up saying he can not do anything about this matter, it has to be delt by the Head Office. Anyway I have sent recorded delivery and also e-mailed to complaints in HO. Now waiting to get reply from HO and will update as soon as I have a reply from them but dont know when i will get reply.

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Hello Slick, we have received reply from the BC and they have sent Terms & Conditions. The heading is "BarclayCard Conditions" and on the next line in small prints it has my wife's name and the address of my wife's parents Abroad. My wife been in UK since 2005 and her non-UK passport had her parents address. BC has pointed out 2 statements in their reply (Ref: Cancellation Notices & copies of Documents) Regulations 1983 "CNC Regulations". This seems to be important so I need to undersatnd in depth as i have no knowledge in these things.

 

"(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to debtor, hirer or surety and any provision of the Act should be a true copy thereof.

 

(2) There maybe omitted from any such copy-

[.....]

(b) Any signature box, signature or date of signature ...".

 

I have read the post #4 in a letter. what I would like to know is

a) what is the true copy called ?

b) what I understand that the true copy NOT necessarily should contain signature of the debtor when a true copy is requested, in other words the signature can be omitted (wiped off) intentionally by the creditor. IS THAT RIGHT ? If this is right then how the debtor would know the true copy they received is infact the same they were presented at the time of opening the acct.

 

I would appreciate if you clarify my points and then I will be in better understanding to send another letter to BC. BC refused to refund the amount they took out of Barclay Bank Acct.

Edited by asteroid

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Hi Asteroid,

 

It looks to me like BC have not replied directly to your complaint. This letter is an attempt to reply to your CCA request by supplying your T&C's which they are allowed to do.

 

However, they have NOT responded about why they took money from the bank when the BC a/c was in dispute.

 

Does this letter refer to your complaint at all.

 

Is the response from Barclays HO or another BC office.

 

8)


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Hello again Slick, there are 2 set of letters received, in A4 envalope contains 2 letters both from Northampton, one letter dated 21st Oct. which seems to be the responce to my request for CCA copy (they sent T&C) and the 2nd letter dated 22nd Oct. is the explainations and responce to complaint i made.

The 2nd letter is in a small envalope dated 21st Oct. and is from BC, PO Box 9131, 51 Saffron Rd. Leicester LE18 9DE. In this letter all it says please see the T&C enclosed with this letter. This T&C has NO name or address of my wife on it.

Very confusing for us.

Would you please clarify my quary which i made in my last post.

 

I have read the post #4 in a letter. what I would like to know is

a) what is the true copy called ?

b) what I understand that the true copy NOT necessarily should contain signature of the debtor when a true copy is requested, in other words the signature can be omitted (wiped off) intentionally by the creditor. IS THAT RIGHT ? If this is right then how the debtor would know the true copy they received is infact the same they were presented at the time of opening the acct.

 

I will be waiting for your reply. Thanks so much for advice and help.

Edited by asteroid

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I have read the post #4 in a letter.
Sorry but I don't understand what you are saying here. Do you mean you have read post #4 in the letter that I linked you to in my post #2 above.

 

Anyway, the main point that I see here is that BC took money from your bank a/c when they had failed to respond at all to your CCA request. If you want the money back you will have to argue this point clearly with BC or Barclays Head Office.

 

Please be aware that, because BC have now responded adequately to the CCA request, they can now continue to demand payments on the BC a/c.

 

8)


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