can clydesdale transfer funds

[jaboh]

can clydesdale bank credit card section transfer money from my wifes bank account

to pay for arrears without her consent

i would have thought they would have to get permission to do this first from account holder advice on this please

if they can do this that means they can go into anybodys account take money out etc to another account which could leave one acount overdrawn which could lead to charges

[maroondevo52]

Hi,

 

Most banks have the right to transfer cash from your bank or savings accounts to pay off other debts held with them, such as credit cards or loans. It's known as the right to 'Set-Off' or combine accounts.

 

Banks are starting to use this provision more, and more people are being hit, Citizens Advice say there has been a large increase in set-off enquiries.

 

It can cause financial nightmares, especially when the money pays non-priority debts instead of priority (eg rent, mortgage, utilites, countil tax) ect.

[jaboh]

so what would,ve happened if it left her overdrawn and over her overdraft limit and she did,nt know

bank would just add chargesfor being overdrawn etc

[maroondevo52]

They seem to think they can do what they want, I don't have all the answers, best thing to do is open a account with another Bank not associated with Clydesdale.

 

I know it's a nightmare, had it done to myself a few times, they don't give a jot if they cause you further hardship.

 

Citizens Advice had a campaign on this in 2009, don't think much came of it.

[jaboh]

thanks for reply

right what is the crack on reclaiming credit card charges

i,m a member of the penaltycharges forum but most of it looks closed

i know cc are different from bank charges and not covered by the oft test case so can still claim

trying to find template letter thanks for any help

[maroondevo52]

Your right Credit Card charges are still reclaimable with interest, probably best to state you are/will be seeking contractual interest or in the alternative section 69 at the Courts discretion.

 

Something like this should do, you may have to edit it a bit.

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

letter before action

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

Further to my preliminary letter of xxxxx with regards to charges levied against the above account,I note you have failed to respond and show no intentions of refunding the charges.

 

As indicated previously,I consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Whilst I am mindful of the OFT investigation in 2006 of credit card fees,the OFT deemed that only a Court could determine the fairness of fees and so the £12 figure was only fixed as a guideline.

 

I make a further request that you refund to me £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX.

 

I give you a further 14 days to comply,or else provide me with a full breakdown of your costs in addressing any breach on my behalf,which demonstrate clearly that your charges are in proportion to your actual costs.

Failure to do so,will result in me issuing a county court claim for recovery of the charges plus section 69 interest and costs.

 

Yours faithfully,

 

 

[signature]

[jaboh]

i c ur a jambo along with my self n son

[dx100uk]

unless the bank account is in a joint name they cant set-off

 

they can only set-off from accounts with the same name for both the CC & the bank a/c in it.

 

i'e your mrs's CC debt cannnot be taken from YOUR bank A/C if she is not named on the bank a/c

 

dx

[maroondevo52]

i c ur a jambo along with my self n son

 

Always supported the 'Big' team in Edinburgh, season ticket holder for over 20 years, gave it up a few years ago when Romanov got up my nose,

doing ok this season though