Barclaycard & Right of Set Off

[Enforcer]

Re: Barclaycard & Right of Set Off

I agree with Niddy & Josie that I have won the main war. However I fired off a load of correspondence to OFT regarding Barclaycard using a right of set off that they did not have, as an illegal method of debt collection.
Reply from OFT basically states that they do not have the authority to intervene in individual disputes. Then, We would be happy to receive any further information which you consider we should be aware of in relation to your complaint.
Please note that there are a number of legal constraints imposed on us by Part 9 of the Enterprise Act 2002 which prevent us from being able to confirm whether or not we are taking action in relation to a complaint or in any particular case. However, the OFT routinely publishes information about the exercise of its functions on its website http://www.oft.gov.uk having properly taken into account the public interest in doing so and any likely prejudice to its functions.
Over the years I have written to OFT about various disputes, they always acknowledge my letters, but have never previously mentioned Part 9 of The Enterprise Act. Perhaps they will look into this now.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

I agree with Niddy & Josie that I have won the main war. However I fired off a load of correspondence to OFT regarding Barclaycard using a right of set off that they did not have, as an illegal method of debt collection.
Reply from OFT basically states that they do not have the authority to intervene in individual disputes. Then, We would be happy to receive any further information which you consider we should be aware of in relation to your complaint.
Please note that there are a number of legal constraints imposed on us by Part 9 of the Enterprise Act 2002 which prevent us from being able to confirm whether or not we are taking action in relation to a complaint or in any particular case. However, the OFT routinely publishes information about the exercise of its functions on its website http://www.oft.gov.uk having properly taken into account the public interest in doing so and any likely prejudice to its functions.
Over the years I have written to OFT about various disputes, they always acknowledge my letters, but have never previously mentioned Part 9 of The Enterprise Act. Perhaps they will look into this now.

What the OFT mean is they record ALL complaints but cannot really get into it with you as a consumer. If they get loads of complaints they'll look into it. If not they retain it and investigate as and when they can then keep it on record.

I get away with it as I hide behind AAD and they usually chat away freely with us. That said we NEVER get told the result.

Moving forwards, in your case I'd go to FCA -> http://www.fca.org.uk

Those buggers are vicious and doing what the FSA, FOS & OFT have struggled to succeed in over the years - they're making lenders running-scared.

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks for your reply Niddy. Received an email 8.36 am this morning from OFT.

Thank you for your email and I apologise for the delay in responding.

We have noted that Powys Trading Standards retains the documentation relating to your complaint which they will be in a position to forward to us if they consider appropriate. As stated in our email of 9 October 2013 the OFT is unable to intervene in individual disputes between consumers and businesses, so I hope that you will understand that we are unable to assist you directly.

Thank you again for taking the time to contact us.


I have forwarded the email to Trading Standards.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

FCA buddy. That's the way forward here

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks, will sort a load of info for them at weekend.

[Enforcer]

Re: Barclaycard & Right of Set Off

Judging by the letter sent from OFT to the Banks, written by Mario Theodosiou, who is employed by FCA's Enforcement & Financial Crime Division on secondment to OFT. Looks like they are onto the Banks neglect over CCA 1974. Will be interesting to see how Barclays reply. Especially since I sent OFT copies of letters from Gemma Anderton Executive Office Barclaycard, refusing to comply with my requests under CCA 1974.

[Enforcer]

Re: Barclaycard & Right of Set Off

Had an email today from trading standards today, they feel that I should go back to FOS with my complaint.
So. The FOS ruled that Barclaycard had failed to satisfy my S78 request. We all know that this means the account is unenforceable in law, and was since September 2011 when Barclaycard insist, that, although I never requested it, they treated my letters as a request under S78. I have since written to Barclaycard asking for a refund of the money that they had taken under their so called "legal" right of set off, and further charges for using my personal reserve account. They have not replied as they had previously written to say that they would no longer correspond with me. This means, that after 8 weeks, I can refer my complaint to the FOS. I will be within the six month period, as the FOS ruling took effect on 4th October. I do feel that a new complaint would be in order.
Any suggestions on how I should draft this "new" complaint?

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

If a bank states it will no longer correspond then that's it. They'll not be able to pursue you and as you say it's UE.

What do you think the FOS can/will do? The bank won't pay back RoSo monies & unless you have NEW evidence they won't change their minds. The fact the almost defunct OFT says go back matters little. It's process sadly.

There has to be a time that you say fine, they stole from me and I've done it back so we're quits.

[Enforcer]

Re: Barclaycard & Right of Set Off

You are right once again, but this time I am more than quits. Watch out Barclays Advance.

[Enforcer]

Re: Barclaycard & Right of Set Off

Believe that this is finished with. I won!

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

I concur. Took you bloody long enough to accept it mate but you did indeed win.

Game over. Enforcer enforced Barclays

[Enforcer]

Re: Barclaycard & Right of Set Off

Thought that this was all over. "Alleged" debt sold to MKDP. Lots of letters from different parts of this company, however, as FOS ruled no CCA this is unenforceable.
Have switched to Co-op on 7 day transfer but Barclays account was £43.13 overdrawn. Despite my best efforts, every time I paid money in to clear it, it disappeared and left me £43.13 od. Wrote to Barclays and had a call to say it was now sorted and account is now £43.13 in credit. Barclays Customer Transfer account Statement arrived today, dated 03 Oct.
Start balance £43.13
Money out. Cass Chg Credit TF Barclaycard Notha £43.13
Money in. Received ref Barclaycard Northa £43.13
End balance £43.13
So Barclaycard have taken the balance, then returned it. Why? and how can they do this when "alleged debt" has been sold?