being bullied "coz they can"

Sponge

For what it's worth:

http://www.manchestereveningnews.co.uk/lifestyle/personal_finance/s/1137012_martin_lewis_beware_great_bank_robbery

You can't challenge the fact it used setting-off, but you can challenge whether you've been `unfairly treated' or put in hardship. For a guide to how to make a free complaint, go to moneysavingexpert.com/fos

I'd have thought taking benefit payments, causing you to go overdrawn and suffer extra charges, and it being Christmas , are unfair and placing you under undue financial hardship.

Just found this article:

http://www.guardian.co.uk/money/2009/jun/28/banks-raid-accounts-recover-debts

The [bank] should leave the customer with sufficient money for reasonable day-to-day expenses, taking into account individual circumstances," it says. But as debt advisers and debt-forum users attest, this rule is being regularly traduced.

They obviously haven't left you enough money as you went overdrawn and were fined.

If you've been hit by "setting off" and the money was taken from benefits or other priority income, take your complaint to the FOS - it can ensure you're paid back.

Relevance is obvious.

davethorp

Right now the "woe betide you, you aren't managing your finances like a robot" brigade have had their say time for a useful post.

Yes Barclays can do what they have done. The terms and conditions of your accounts will allow for it. So here is what you need to do to prevent it in the future

First priority, open a bank account outside of Barclays. Basic accounts likely to accept but still provide basic facilities (proper debit card) include Co-operative bank, Natwest, RBS, Yorkshire Bank and probably one or two others. Once account is opened switch all benefit payments to the new account. If by some miracle you cant open a new account elsewhere contact the job centre, explain the situation to them and ask for a referral letter for a post office card account. It doesn't allow you to do anything but pay in and take out benefits but is an improvement on your current situation.

Second priority, are you still short of cash or have you had a further payment of ESA since this happened? If you are still short you should be able to apply for a crisis loan from the job centre. This will be paid by giro usually on the day you apply if you apply over the phone. Obviously the festive period is going to mess this up. Repayments will be taken at an affordable rate with no interest directly from your ESA.

Third priority, CUT UP your barclaycard if you haven't already. Make a list of all your incomings and outgoings and then make an affordable repayment offer remembering to take your other debts into consideration. If you need help with this check out the debt free wannabe section of this board. As long as you stick to repayments Barclays should be happy. At the worst they will cart the debt off to a debt collector who will just be happy to have some repayments. Make sure you deal with Barclays and/or debt collectors in writing only. If they phone you politely inform them that you will only discuss the matter in writing then hang up. If they repeatedly phone you there should be some template letters on the debt board.

Finally, try and have a good Christmas in spite of all this

Dylanwing

Yes Barclays can do what they have done.

Unless the current account is in joint names and the debt in your sole name. Just looked at byour other posts and I'm pretty certain that they cannot take benefits in that manner, if that is your sole source of income. If the debt is that as small as stated, get professional help, Barclays should freeze interest payments, and put you on a fixed repayment plan. Also, pursue the CC charges back over 6 years, plenty of help on here about that.
Enjoy Christmas and in the New Year, fight back. Don't let the bas*ards beat you.

Jemma-T

It's not the banks' profits -it's the tax payers. We need it back.

If the OP is genuinely stuck they can apply for help from the DWP. Emergency loans are avaliable.

Keep your banking separate. Good tip.

woody01

phillstarr wrote: »

last week i was going to do some Christmas shopping and just thought i would check my balance online so i would not go overdrawn.
i was shocked (can't put what i really felt) to find out barclaycard had taken the whole of my employment support allowance out. when i contacted them they said they had the rite to do so because a, Barclay's was their sister company and they were officially allowed to do that and b, they did it because i was in credit.
yes i was "in credit" my ESA had been paid in to the account the day before.
not only did they leave me with NO money to live on for a fortnight and so left me with no option other than to borrow from family and friends but because a direct debit went out on the same day they made me go overdrawn which Barclay's are now charging me for.
i am at a total loss as to what i can do now.
surely they cannot just take money out of my account like that to the extent that THEY make me overdrawn and with no money to live on. they have caused me financial hardship to say the least.
oh i forgot to mention that half of the money they took out was for my partner also because we claim as a couple.

How are you being bullied?
They are taking money that you owe them.
Thats called business....the bank isn't a charity......it's taking money from you that is theirs (and man other peoples aswell).

Not a good time for it to happen, but you cant be in debt and expect sympathy.

vet8

woody01 wrote: »

How are you being bullied?
They are taking money that you owe them.
Thats called business....the bank isn't a charity......it's taking money from you that is theirs (and man other peoples aswell).

Not a good time for it to happen, but you cant be in debt and expect sympathy.

Happy Christmas :beer:

woody01

vet8 wrote: »

Happy Christmas :beer:

But i'm not wrong.
I would also have loved to given my debts a swerve....we ALL WOULD, so i could spend more on family/friends/partying, but i decided to pay my bills first.

udydudy

phillstarr wrote: »

last week i was going to do some Christmas shopping and just thought i would check my balance online so i would not go overdrawn..........

My sympathies that this had to happen just before the festive season .... but the loads of people here who slam the banks need to read the first sentence where in the OP checked his account for the bank balance since the OP wanted to do some christmas shopping not just essential food and stuff??

I agree banks should not be allowed to just dip into peoples savings without maybe a solution like blocking most of the money except for direct debits and then asking for a meeting with an inflow outflow statement and discussing the debts, but then this is exactly the reason banks dip into accounts (when in arrears) as people still think shopping is essential than repaying debt.

Remember one of the problems banks have is of bad debts where in people took on more than they could chew. These are two sides of the same coin. Banks lent people borowed....both sides did not bother to see how it would be repaid. So when the bust came how come only one side is being held responsible for the crisis???:rolleyes::rolleyes:

To be frank I am not on the banks side but then find it funny when everybdy lambasts the banks without wanting to take on any responsibilities

Merry Christmas to Everyone... Hopefully the year ahead should be one of recovery and less hardships....

Dylanwing

It's not the banks' profits -it's the tax payers. We need it back.

If the OP is genuinely stuck they can apply for help from the DWP. Emergency loans are avaliable.

Quite right, don't borrow it from the taxpayer, borrow it from the taxpayer instead.

phillstarr

first of all. thanks for the replys.
to the people who took the time to try to help in some way thank you very much indeed.
to the others, ty.
this is a long standing debt and an on going battle which has worn me down over time. there is so much more infomation that i should have put in this post but i didn't want to go on and on.
the main problem i have is that i am a paranoid depressive and find it very hard to communicate because of taking everything very personally. anyway,if this post appears to be anything other than a thank you to the ones who have tried to help then i apologise.
take care and have a good new year.