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Barclays Debiting My Account

Hi All;

I paid a payday load off for my sister a number of months ago. She was in difficulties paying the extortionate rates (which yes she should have realised this when she agreed to the loan) so I agreed to pay it off and she pays me back over the following months. Everything is fine and all payments have been met.

Then…

Last month a substantial amount of money was debited from my account. After a few phone calls to Barclays I found out that it was by the same payday loan company for whom I had made the payment to for my sister a number of months earlier.

I opened a case and after a few weeks the money was returned to my account by Barclays whilst they investigate. Now I have received a letter from Barclays stating that the resolution team have decided that for whatever reason that unless I tell them that I don’t agree with the decision the money will be re-debited from my account in the next 7 days.

Where I’m lost more than ever is that attached to this letter was a credit agreement in my sister’s name with her home address and signature on it dated after I settled the account originally.

I have now written back to Barclays stating that this Credit Agreement is clearly not in my name or has anything to do with me.

As I understand it

I paid a payday loan off for my sister with my Barclays debit card

She has taken another payday loan out with the same company

She has failed in keeping up with the payments’

The payday loan company have taken the money out of my account. I believe using the details I gave when I made the original payment a few months earlier

What really gets to me the most is that for some crazy reason Barclays seem to think that despite all the information showing that this has nothing to do with me and that the money has been taken from my account without my authorisation. They say they are going to re-debit my account for the original amount.

How can this happen?????
«1

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's absolutely clear case and Barclays are in the wrong.

    This card payment was taken by the loan company without your authorisation. Barclays should have refunded it without any reservations unless they can prove that you did authorise the transaction.

    And it's not Barclays bloody business who took the loan and whether the loan was paid off or not. The loan agreement, whoever signed it, doesn't prove that you authorised the company to take money from your account. Full stop.

    The same if the company set a Continuous Payment Authority without your permission:

    Bank failed to cancel regular payment? Claim - Money Saving Expert

    Continuous payment authority: recurring payments - Money Saving ...
  • I agree Grumbler.

    I just cant understand what is going on with Barclays and how this decision has been made.

    Its clear as day that its not me on the Agreement
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Move your money to a new account and if you want to help your sister give her the cash or pay the cash in yourself so she can repay the loan but do not give the pdl your new account details.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    A word of advice for others:

    Do not give your card details to a PDL to help clear somebody else's debts.
  • innovate
    innovate Posts: 16,217 Forumite
    10,000 Posts Combo Breaker
    Keep an eye on your credit files, in case they get trashed in the process with late payment markers etc.

    Get your sister to tell you exactly what she did, and get her to sort it out with the PDL
  • dotdash79
    dotdash79 Posts: 1,069 Forumite
    I take it this is Wonga, they will use any card details they have ever had on file to get payment. what they don't tell you clearly is that when you use a card to make a payment you are authorising that card to be used in future.

    It's hidden in the T&Cs
  • Archi_Bald
    Archi_Bald Posts: 9,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dotdash79 wrote: »

    It's hidden in the T&Cs

    You should say: it is in the T&Cs. It's not hidden.

    T&Cs, however nasty they might be, are there to be read, and are the things that you accept if you take out a loan with one of these guys.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    innovate wrote: »
    Keep an eye on your credit files, in case they get trashed in the process with late payment markers etc.
    The loan is on the sister's name, and the company has only the OP's card details.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 January 2014 at 2:31PM
    Archi_Bald wrote: »
    T&Cs, however nasty they might be, are there to be read, and are the things that you accept if you take out a loan with one of these guys.
    Not everything written in the T&C is lawful/enforceable etc.
    If I make one-off card payment for my sister no way does this mean that I have to read some T&C before doing this.

    It's like, say, I make a cash payment for somebody and the T&C say that by doing this I become jointly liable for the loan. No way.
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    The T&Cs don't apply to the poster as her and PDL company have no contractual relationship.

    PDL are simply acting outwith the rules of their merchant agreement.

    Archi_Bald wrote: »
    You should say: it is in the T&Cs. It's not hidden.

    T&Cs, however nasty they might be, are there to be read, and are the things that you accept if you take out a loan with one of these guys.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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