Barclays Refuses to Cancel Continuous Payment Authority

[joesoap]

Not yet but will be. Composing letters for the big cheeses and branch. Want to get the CPA's stopped asap.

[stratty]

http://www.bbc.co.uk/news/business-17911241

[joesoap]

Although I didn't really have the time. I printed off the above link and legged it down to Barclays where I spoke to the same person as yesterday, the Assistant Manager. Showed her the print out and she showed no interest whatsoever and just repeated what she said yesterday, "I can only go off what the policy section says", shrugged her shoulders and left to go back to a meeting; but not before I told her that I wouldn't let it lie and she is on the hit list! She just told me to contact Disputed Transactions or whatever. Why the heck should I, it's an 0870 number, can't find an alternative.

 

In my mind, if I have printed evidence that Barclays are carrying out the incorrect procedure the surely, in the interest of the customer, it should be investigated; or is the level on customer service we have come to accept!

[renegadeimp]

Just go back, and tell her you require her name, employee number and relevant details as you will be contacting their complaints department with a view to persuing court action.

[sequenci]

Breach of statutory duty right there.

[joesoap]

They've got me pulling my hair out! OK, they don't know everything but surely she was obliged to take matters further on the proof that I had.

[renegadeimp]

She'll change her mind when you tell her that you will call her up for a court appearance in due course.

[joesoap]

Lol.

[Gallahad]

The lady in question like many bankers believes they are above the law.

G

[joesoap]

Sorry to say, but yes. They should be helping customers (sic).

[joesoap]

Despite being told that I had withdrawn my permission for the CPA's, the "merchants" have been at my account. I had changed my card details so Barclays are quite prepared to release funds through the account number only. Absolutely disgraceful. I mean, I cancelled my card then put it in the hole in the wall, but they wouldn't let me have any cash; where's the difference?

[joesoap]

Has anyone written to Barclays/Mr Chan regarding these CAT's? I am in the process of concocting an Email to Chan and need a bit of guidance.

[joesoap]

This is my first draft, wondering if it's too long and should be straight to the point. Any advice please?

 

Dear Mr Chan

 

It gives me no great pleasure writing this but I have to tell you how disgusted I am with Barclays regarding its stance on Continuing Payment Authority (CPAS) or Continuous Authorised Transactions (CATS) as Barclays prefer to call them. May I draw your attention to the following and then take immediate action regarding our account.

 

Withdrawal of permission of Continuous Payment Authority.

 

Pay day loan firms will say this is not possible, but it is - in accordance with Regulation 55 of The Payment Services Regulations 2009:

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

 

(a) the execution of the payment transaction; or.

(B) The execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

 

(a) may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and.

(b) must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

 

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

 

This means that you can simply ask your bank to refuse the payments; it is also good practice to let the lender know too.

 

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf

 

http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_payments.pdf

Since 2009, this law has been in place where a customer can request the bank to immediately cease paying CATS by withdrawing his/her permission previously granted. Sadly, Barclays appears to be above the law as it has this week, point blank refused to cease paying these payments out of my wife’s and I joint account. I have received no co – operation at all from anyone at Barclays. Everyone has the same answer, “we can’t do that”. Well, I’m sorry Mr Chan, you can do that. I respectfully request that you contact my Barclays branch and get them to cancel the CAPS/CATS we have against our account. I will hold you personally responsible for all charges I have incurred since requesting cessation of these payments made since Monday night, 30th April 2012 and the return of these payments deducted from my account since requesting the cessation.

 

Because of a change in circumstances, we knew that we would not be able to fulfil our obligations this month to cover our CATS and subsequently withdrew all funds leaving only enough to cover up – coming cheques and direct debits. Although I do not have an overdraft facility (I’ve asked many times but been refused), Barclays allowed me to go into an overdraft after paying out part payments on CATS! When I realised what had happened I used the Telephone Banking Service (TPS) to request cessation of the CATS. I spoke to three different people and each one said they could not stop them. I repeatedly told them that “I withdraw my permission to make any further Continuous Authorised Transactions from our account”. Sadly, this request fell on deaf ears. As you can imagine, I was, and still am, absolutely livid. Because your staff and perhaps even Barclays are ignorant of the law, I am suffering great inconvenience. Because of the insistence that CATS could not be stopped, I even cancelled our Debit cards making any information Merchants held invalid. I was told that this would make no difference. I find that incredible. If I cancel my debit card then put it in an ATM and request cash, it will not be dispensed, what is the difference? As I got nowhere in telephone conversations, I visited my local branch of Barclays on Tuesday, 1st May just on the off chance that it was more up to date with procedure. Again, it was a waste of time. I spoke with the assistant manager who also adamant that she was unable to put a stop to the CATS, even taking the moral stance, “you’ve had the loan, it must be repaid”. This has nothing to do with the situation at all and she was out of order even mentioning it! At my continued insistence, she eventually rang the Disputed Transactions department and once again, yes, you’ve guessed it, I was given the same reply. On Wednesday I re – visited my branch and again spoke with the Assistant Manager and showed her printed proof that the CATS can be stopped by the customer requesting them to be and it is not necessary for the merchant to do so. All I got was a shrug of the shoulders and she again refused to help me. Should it come to court action then I will have no hesitation in naming her on the papers.

 

Now Mr Chan, I have wasted a lot of time this week chasing Barclays around the houses. I am sure that you are more au – fait with the law than the staff of Barclays. I insist that you take immediate action to contact my branch or a central banking section and have them put a stop on all of my CATS and refund all the payments that I have made since first requesting cessation of same and in addition, any charges/prospective charges that I will incur due to unpaid cheques and direct debits. I will also be requesting a compensation payment to cover the cost of all unnecessary telephone calls and for goodwill.

[Conniff]

Way way too long, too much chatter and not enough getting to the point, they just won't bother to read all that.

 

Letter Before Action.

Ref the relevent law.

Day, dates and time you have told them to stop and 7 days to return all the payments made failure to stop payments and reimburse all payments, cancellation of fees because those payments made yu overdrawn or whatever plus interest. Failure to to do the above within 10 working days will lead to a court summons without any further notice.

 

Don'#t threaten court unless you are prepared to go that far though.

[joesoap]

I agree, too much banter. Just had another 20 minutes with telephone banking. Still say they can't do it. They say they'd have to write to the merchants and ask them to cancel the authorities but the merchants would just come back with a signed contract. Flogging a dead horse.

[Conniff]

"....but the merchants would just come back with a signed contract"

 

Are you saying the lenders agreement says you can't cancel?

[joesoap]

Email (abridged version) bashed off to Charlie.

[Conniff]

Ok - moved - now called - Barclays Refuses to Cancel Continuous Payment Authority

[joesoap]

Thanks muchly. Just waiting for a reply from the Chan person; I won't hold my breath it comes anytime soon.

[45002]

I opened a CO-OP basic bank account some 2 years ago on the phone,came with Visa debt card,DD and very easy to log in on line and see my payments in and out.

 

Just dont go overdrawn...

 

joesoap Good luck with Barclayfarts...

[joesoap]

Thanks 45002

[joesoap]

I know I only sent the Email earlier today but how long should I give him to reply, even if it's just an interim?

[renegadeimp]

Treat it like a regular letter.

[huxleypig69]

I sent Halifax written instructions to never pay any CPA's and they sent it back to me in writing that it's simply not possible. Lies, flannel and rubbish. These charges are sure mounting up quickly against them!

[renegadeimp]

Write back and ask them do they understand that they are blatantly breaking the law by saying what they have said.