barclaycard

jpl123

Is it legal for Barclaycard to take from a Barclays account not listed as the DD paying account and withdraw £673. Account in dispute (as of last week) due to fault with them. Money taken with no warning. We are on HBenifit at present so have v little money. Money taken was needed towards paying rent, electrictiy and Council Tax. I borrowed this money from parents and they have taken it before it even cleared into this account. If nothing can be done, please let this be a warning to other forum users who bank and have cc with same companies.

Innocent_Guy

See martins article regarding this. They do have permission to do this. "The right to offset debt"

jpl123

Thanks for your reply. Have read Martin's article on off-setting and the most recent postings on the forum thread which seem to be stories of banks offsetting when payments are missed or in default for a period of time. this has happened with a missed payment (DD stopped as account in dispute) Agreed to make new DD payment of double original until dispute resolved. Letter from barclaycard agreeing to this yesterday today they have off set the funds from a sub account. spoken to Barclays - manager says tough.... spoke eventually to barclaycard HUMAN being who sympathised as husband had been made redundant last month. she thinks this has happened due to the complaint made against BC (she even used the term victimisation). The account has been accumulating charges unknown to us (our fault parents getting statements) due to ppi which is not even valid for my self employed husband or I. Barclaycard taking minimum payment by dd then taking off ppi putting account over limit and charges being added. same again month after and month after thus we get to over £600. We have not purchased anything with this card for over 2 years.

thriftymomma

I think you need to claim back your ppi fees for a start!

jpl123

We plan to do just that. Have been in to try to open new accounts today so dont want to upset the little darlings at barclays/bcard anymore than we have to at the moment. Another benefit payment going in on Mon so no time to change accounts. Once we have another bank I will be delighted to claim back whatever I can. The card was taken out in 2004 so speaking to CAB they think this is because the T&C on it are not enforceable. As we are on benefits we come under the hardship claiming rights for charges and the PPI.

What is alarming is we have only missed 1 payment that they were aware of as a new DD for an increased amount had been set up and agreed with them. This is an utter nightmare...because we have raised a valid complaint and asked for the original T&C signed in 2004 they have done this. A warning for other

naijapower

Unfortunately they do have right to offset your debt. Harsh but true. Clearly stated in T & C

jpl123

Further point of information. On speaking to the local CAB I was shockingly told that 90% of clients problems with banks (and their credit card companies) over the past 3 weeks is due to this off setting. The banks are causing REAL hardship...have a look at the postings on the relevant forum (top orange tab "protect your pocket" - scroll down to off setting and into forum at bottom) One of the worst being the lady 2 days before she was due to give birth had all her money taken without warning- had to plead for £10 to get her to hospital and the bank refused!!!

Take a look certain banks are named and very much shamed.

jpl123

I understand they have the right to do all sorts of things - but in this case the account was in dispute as a result of their mistakes. A new DD had been agreed after they told us to cancel the old one. The missed payment was for £43 so they took £680 odd and the money taken (stolen) was for priority payments. Unfortunately knowing that money would go into the account today I sent off cheques totally £400 for electricity, Heating Oil, council tax ... these will now bounce ... the electricity will probably be cut off, council tax will take away the right of installments and heating oil company will probably refuse to deliver any more oil to us. Is that all in the T&C of BARCLAYCARD and Barclays.

never-in-doubt

jpl123 wrote: »

Further point of information. On speaking to the local CAB I was shockingly told that 90% of clients problems with banks (and their credit card companies) over the past 3 weeks is due to this off setting. The banks are causing REAL hardship...have a look at the postings on the relevant forum (top orange tab "protect your pocket" - scroll down to off setting and into forum at bottom) One of the worst being the lady 2 days before she was due to give birth had all her money taken without warning- had to plead for £10 to get her to hospital and the bank refused!!!

Take a look certain banks are named and very much shamed.

Banks can offset, this is normal practice and they need no authorisation as when you sign for an account, offset is included as part of terms.... however, you can get it back..... details are sketchy but perfectly legal :rolleyes:

never-in-doubt

jpl123 wrote: »

I understand they have the right to do all sorts of things - but in this case the account was in dispute as a result of their mistakes. A new DD had been agreed after they told us to cancel the old one. The missed payment was for £43 so they took £680 odd and the money taken (stolen) was for priority payments. Unfortunately knowing that money would go into the account today I sent off cheques totally £400 for electricity, Heating Oil, council tax ... these will now bounce ... the electricity will probably be cut off, council tax will take away the right of installments and heating oil company will probably refuse to deliver any more oil to us. Is that all in the T&C of BARCLAYCARD and Barclays.

Ahhh - if the account is in dispute then offset becomes void. They cannot use offset when you have formally placed an account into dispute... Fancy elaborating so we can assist...?

never-in-doubt

jpl123 wrote: »

I understand they have the right to do all sorts of things - but in this case the account was in dispute as a result of their mistakes. A new DD had been agreed after they told us to cancel the old one. The missed payment was for £43 so they took £680 odd and the money taken (stolen) was for priority payments. Unfortunately knowing that money would go into the account today I sent off cheques totally £400 for electricity, Heating Oil, council tax ... these will now bounce ... the electricity will probably be cut off, council tax will take away the right of installments and heating oil company will probably refuse to deliver any more oil to us. Is that all in the T&C of BARCLAYCARD and Barclays.

1. They have not stolen money - they've taken it unethically (but legally)
2. Why will cheque bounce? If so then charge back to Barclays.
3. Council tax will not revoke instalments, trust me. TELL them that you want to pay over nest 6 months even, they WILL always accept whatever you offer
4. Oil company would refuse why? don't you pay at time of order/on account?