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Barclays Authorise CPA Payment Despite No Available Funds?


meepfest
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Hi,

 

I've just had a phone call from Barclays at work, regarding my cash account with them, as it is apparently £67.92 overdrawn.

 

All the direct debits against this account have been cancelled and the account hasn't been used for months, in fact I was thinking about closing it.

 

I asked what had taken it overdrawn, and after a lot of faffing about the guy on the phone said it was a card payment for £68 for the AA taken on the 19th of December.

 

I had £0.08 in the account, and they have authorised a CARD payment for £68 - can they actually do this??

 

I know they're obliged to pay DDs but thought with a CPA, which this presumably is, that if there were no available funds then it wouldn't be paid?

 

I am going to speak to the AA tonight to see if they will refund whatever this is for,

because I don't have insurance or breakdown cover anymore and don't recall agreeing to anything like this,

although I obviously have at some point. I don't hold out much hope...

 

I'm just wondering what the legal standpoint is with Barclays,

because I don't understand how they've put my overdrawn,

 

on an account that doesn't have an overdraft, for a debit card payment....

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this might help....

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

Thanks for the reply - unfortunately due to lots of issues with PDLs, I know how to cancel CPAs having had to do it in the past. My confusion lies in how Barclays have allowed a card payment of £68 to go out of an account that has no overdraft and was only £0.08 in credit? I dno't understand why they've authorised it, because it's not a direct debit and my understanding was that card payments only got authorised if the relevant funds were available?

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i know petrol stations can do it .

 

BCOBS?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Meepfest,

 

You need to see why the AA have sought payment and if they had your authority to do so.

 

If they were acting on a still-valid CPA or DD mandate, then they are not at fault and you'll probably have little luck in trying to cancel the m/ship or get it refunded. Having said that, it IS of course worth trying this with them politely.

 

If that fails, you need to see if the bank were right to allow the payment to proceed when the a/c was in credit by just a few pence.

 

If there was a Personal Reserve (like an overdraft limit) on the a/c, then the bank were effectively authorised to pay the AA.

 

If there was no Personal Reserve on the a/c, or the PR was for £50, then I think you have grounds to contest the bank paying out and you should complain that you've been treated unfairly.

 

See here - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=76&a=220

 

:-D

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Hi,

 

I've just had a phone call from Barclays at work, regarding my cash account with them, as it is apparently £67.92 overdrawn.

 

All the direct debits against this account have been cancelled and the account hasn't been used for months, in fact I was thinking about closing it.

 

I asked what had taken it overdrawn, and after a lot of faffing about the guy on the phone said it was a card payment for £68 for the AA taken on the 19th of December.

 

I had £0.08 in the account, and they have authorised a CARD payment for £68 - can they actually do this??

 

I know they're obliged to pay DDs but thought with a CPA, which this presumably is, that if there were no available funds then it wouldn't be paid?

 

I am going to speak to the AA tonight to see if they will refund whatever this is for,

because I don't have insurance or breakdown cover anymore and don't recall agreeing to anything like this,

although I obviously have at some point. I don't hold out much hope...

 

I'm just wondering what the legal standpoint is with Barclays,

because I don't understand how they've put my overdrawn,

 

on an account that doesn't have an overdraft, for a debit card payment....

 

Hello meepfest, we’d like to address this with you, if you have any outstanding queries, please email [email protected] with Reference FOR32846. Regards, the Official Representative of The AA.

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