Barclaycard raided my bank account!

[Enforcer]

Re: Barclaycard raided my bank account!

Couldn't sleep last night as so many things going through my mind.

I have been reading so many articles on bank using set-off! Almost every site insists that they can use set-off on unenforceable debt and even statute barred debt. They all seem to agree that the Banks have this God given right.

How do the banks justify this? It is in the terms and conditions. Take the case of Barclays Bank.Section 8 of their retail agreement says it can. However section 1.3 says that this agreement does not apply.

This then is set-off by contract. It gives the Bank "security against a defaulted credit card or loan which is otherwise an unsecured debt".

What is enforcement? It is the taking of securities. Right of set-off by agreement or contract law.

It must follow, that even if a high court judge says that the money is still due and payable on an unenforceable agreement. The Bank cannot use Set off without an executed agreement containing all of the prescribed terms. ie the agreement you have with us.

Unenforceable, no right of set-off!

Anyone like to argue this point with me?

[Enforcer]

Re: Barclaycard raided my bank account!

On another note.

I would commend Mark Heslin, Partner in Beauchamps Solicitors, for his excellent work on "Update on the Law Relating to Set-Off".

I would also suggest that any Bankers snooping on this site read it!

I did think about sending a copy to Daniel Beswick at HM Treasury then thought why waste postage stamps, the Treasury don't appear to understand the law anyway.

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

The thing is with UE debts, if the debt is still owned by the bank the bank WILL use any reclaim/payments in towards setting off the debt. They can do it. It's their right.

The problem with arguing the point, it gets messy. I have the knowledge to understand Carey for example but also the opinion that it's bollocks similarly with mcguffick and defaults.

I'll explain. Carey says you can recreate the original and "make it good" by encompassing the form & content from the original using records etc at hand. Sorry mate, that's fraud in every other aspect. How the hell can they take me to court snd declare "you signed this" when clearly, my reply would be "no I never..."

Point is its fraudulent doctoring of a legal document.

Now, mcguffick had the judge saying the lender can leave a default as it was a true reflection of facts based on the account being in arrears (or in default). So here's the problem. If my agreement is unenforceable (or incomplete/unlawful/voided whatever) that means there never was any agreement let alone authority to share my data. But the judge here ignores the DPA and says so what, they can record the default.

How so?

Beggars belief.

Back to your question. The reason the banks utilise set-off and risk a complaint is cos the FOS also back that stance so in theory unless we all took the lender to court, we're on a losing streak before we even start hence we do accept they can retain the funds of a reclaim as part set-off. The exception is a debt sold in totality; the bank have no rights to that debt do cannot off-set which is why you'll see users being paid ppi reclaims directly here after going down the UE route.

That's the way it is sadly

[Enforcer]

Re: Barclaycard raided my bank account!

Will post on your last comment regarding FOS early next week once the post arrives. I had a long telephone conversation on this matter last week. I believe that the FOS has now accepted my argument that set-off on credit cards is by "contract" I sent them a copy of the VOID document that I received from Barclaycard following my SAR and I believe that Barclaycard tried "blagging it".
Outcome is that FOS are not in a position to arbitrate in this case, due to a dispute over contracts. Contractual disputes are not within their remit.

I had already told FOS in writing that their remit did not cover the validity or otherwise of CCA 1974 agreements.

I found the FOS very helpful in my case and although they were not in a position to uphold my complaint, neither could they uphold Barclaycards use of set-off.

I think that I have had an excellent result in this case!

Trading standards as you know are already on the case, they do have the powers to order disclosure of documents and instigate court action.

One succesfull prosecution of a bank for unlawfull use of set-off is all that we need!
Had my rant, time for a few tinnies.

[mgfboy]

Re: Barclaycard raided my bank account!

Good luck mate and I hope you win, but I feel that the establishment has to much to lose and any judge that hears a case of this nature will be lent on heavily to go with the banks.

[Enforcer]

Re: Barclaycard raided my bank account!

FOS. findings

From our conversation I understand that you would like us to conclude that Barclaycard could not use its right of set off,on the basis that the credit agreement which you believe gives Barclaycard this right is not enforceable.

As we have discussed, the Financial Ombudsman Service does not have the power to decide whether or not credit agreements are legally enforceable. With this in mind, it would seem to me that we are unable to test your argument as you would like us to do.

The Financial Ombudsman Service can look at whether a business has acted fairly or reasonably. However, it is my understanding that you want us to assess whether Barclaycard has acted legally, in light of the law as you see it. As this is something which I do not believe we can do, I do not consider that I can reasonably uphold your complaint.


I believe that this is a step forward. The FOS are not saying that the Banks have a "legal right of set-off"

Can Niddy and co please analyse and respond?

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

I actually read that as them saying:

1. We don't get involved in ue
2. We can't arbitrate based on point 1
3. They use the term "you believe" which is their way of saying "in your opinion, not necessarily ours"
4. They confirm they don't deal with UE and cannot "test" YOUR argument (nothing about agreeing with you)
5. They presume you want them to assess the legality using the law as YOU see it (not necessarily as THEY see it)
6. They get the impression you are not arguing about the unfairness issue but more that you want them to start a test case based on something they can't actually get involved in anyway


That's how I read it mate. I could be wrong but see if you reply using the unfairness test they'll then probably investigate. I mean try saying simething along the lines of as a result of them setting off they caused you undue hardship, hassle etc and left you financially worse off etc. also get in that they had no right to set-off anyway but do not mention unenforceability.

I then think they'll take the complaint on. In my view you're asking an arbitration service to test a legal position which they're not in a position to do.

[Enforcer]

Re: Barclaycard raided my bank account!

Thanks for the reply niddy. I have to respond before 20th September. Not sure what to send, any help would be appreciated. I bhad previously written about unfair relationship. They considered that they had a valid agreement, I considered that they they did not. They took money from my account yet I could not press a button and take money from their account. How else can I respond?

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

I've suggested above how to reverse this mate. If you need help, fine just shout

[mgfboy]

Re: Barclaycard raided my bank account!

As Niddy says FOS will not get involved if a point revolves around a legal matter. They do have their own and in my view highly biased for the banks view on these matters and you only hope is you can spell out that it's unfair and hope they agree.

If you bring legals into it they will go to the position that they have already told you.

[The Tech Clerk]

Re: Barclaycard raided my bank account!

As Niddy says FOS will not get involved if a point revolves around a legal matter. They do have their own and in my view highly biased for the banks view on these matters and you only hope is you can spell out that it's unfair and hope they agree.

If you bring legals into it they will go to the position that they have already told you.

That statement is so true, they will not get involved, they just state they look to fairness of the complaint by section/points == (In the Banks Favour of course).

[Survival]

Re: Barclaycard raided my bank account!

Reading this thread scares me

[Survival]

Re: Barclaycard raided my bank account!

No I don't have any debts affiliated with Barclays but I just didn't realise that any bank not just barclays can raid your own account, like have I been living under a rock all these years?

I wasn't aware of this at all

[The Tech Clerk]

Re: Barclaycard raided my bank account!

There is the Right of set off where banks can help themselves to your money if you owe them money and have defaulted on your repayments. It applies to all banks, not just Barclays. See this ---> issue 40 - banking: firms' right of

Having said that, I have an Egg card (owned by Barclays since April last year) last paid in Jan 2010 and a Barclays account, they just never made the connection!

...but I've withdrawn almost all the money from my personal account to be on the safe side.

May be of interest:-

[Enforcer]

Re: Barclaycard raided my bank account!

Done as you said, initially by e mail with letter to follow up. Barclaycard whilst providing factual information to FOS did not give them the complete picture. Now understand. Have sent some documentary evidence. Waiting again.
Thanks niddy.