Credit card company is taking money from my bank account can they do that?

red_machenka

We owe Abbey about £5000 on credit card and cant afford min repayments we have recently contacted CCCS to sort out a payment plans for all our creditors... we sent all paper work to all companies etc... we have had phone calls from abbey day, night and all over christmas demanding their money (which we was kindof expecting as we were told by CCCS that they would hassel us) but I checked my bank account this morning (which is also with the abbey and they have taken £279.00 for their bloody credit card.... all I want to know is CAN REALLY DO THIS AND GET AWAY WITH IT?

The whole point of a payment plan is the fact we cant afford the repayments... so why take money we aint got! Now we are in the overdraft and being charged even more...

YorkshireBoy

I would imagine that until a repayment plan is agreed, then they can take money under their right of 'set-off'. See your T&C's for further details.

I'm surprised the CCCS didn't advice you to start paying your income into an account with a different provider though?

BenL

It is in the terms and cons of the contract so yes they can take money from any abbey accounts you hold to pay for your debt.

I would switch your wages if possible into another (non Santander to be completely safe) establishment if possible as they could do it every month just after you have been paid.

fermi

Link: banking: firms' right of 'set off'

The basic position is that a firm has a right – but not a duty – to look at a customer’s overall position and to ‘combine’ the accounts held by that customer. This is sometimes called a right of ‘set off’ or a right to ‘combine’ accounts. A firm has this as a general right, whether or not it mentions the right in the account terms. So, in the examples above, the firm can transfer money from an account that is in credit in order to make payments due on another account. But it does not have to do this.

Please open an account with an unconnected bank ASAP.

fermi

I should have said, if you are dealing with your debts (through CCCS or not) then please pop over to the Debt-Free Wannabe board. There are a huge number of people in a similar boat there.For example, there is the DMP Mutual Support thread.

NickX

As above, you definitely need to keep your wages in a non-Abbey account to prevent them from doing this.

In the meantime also call Abbey and state that you need those funds for essential items (food and heating etc) and that you are arranging a repayment plan, but in the meantime would appreciate a refund to your bank account so that you can meet your essential living expenses.

Good Luck.

red_machenka

NickX wrote: »

As above, you definitely need to keep your wages in a non-Abbey account to prevent them from doing this.

In the meantime also call Abbey and state that you need those funds for essential items (food and heating etc) and that you are arranging a repayment plan, but in the meantime would appreciate a refund to your bank account so that you can meet your essential living expenses.

Good Luck.

Tried this and spoke to a very arrogant woman who said that we told her that we wasn't working and when they checked my partners bank account they found that he over £1000 in his account... obviously we are both working and the £1000 was his wages.

but thank you all very much for your comments and i will try anything to get our money back.