Barclaycard raided my bank account!

[ScabHunter]

Re: Barclaycard raided my bank account!

Should we have a vote on whether I should pay them ,or not.

I will start the voting. NO.

I'll vote yes, just to be contrarian.

Oh, alright then, maybe not.

SH

[Enforcer]

Re: Barclaycard raided my bank account!

Advised Barclaycard that their S78 reply did not comply with regulations nor OFT guidance.
Received the usual reply.

About you complaint.
Thank you for getting in touch with us regarding your complaint.

I am sorry you have had reason to complain and want to assure you that we are dealing with your complaint as quickly as possible. We aim to resolve matters by the 27 June 2013.
Blah blah etc.

If they stick to the usual templates, I should get the same letter again and again for the next few months!

[Enforcer]

Re: Barclaycard raided my bank account!

Ltd company now officially closed down, business had dried up, just about managed to pay everyone apart from accountant yet.
Other business accounts still with Barclays however they are partnership accounts and as such, I do not believe that they can utilise a right of set off from my personal account, against a joint business account.
Cannot close my personal account as I owe them too much! They would have a legit right to set off if I let them just keep on adding charges, they would be able to take action against me. Sitting tight, waiting for FOS again.

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

I think they will offset business / personal. They did it with another user here.

Can't recall exactly but sure it's happened before. Unless it was your complaint - I just can't remember but whatever be careful. Don't leave excess funds available - period

[Enforcer]

Re: Barclaycard raided my bank account!

Advised Barclaycard that their S78 reply did not comply with regulations nor OFT guidance.
Received the usual reply.

About you complaint.
Thank you for getting in touch with us regarding your complaint.

I am sorry you have had reason to complain and want to assure you that we are dealing with your complaint as quickly as possible. We aim to resolve matters by the 27 June 2013.
Blah blah etc.

If they stick to the usual templates, I should get the same letter again and again for the next few months!

Actually got a reply yesterday, dated 27th June. Usual template about how they have complied with my request an they "consider the agreement to be fully compliant.

I have replied asking them, for the avoidance of any further disagreement over what has or has not been supplied. To send a reconstituted copy of my "executed" agreement,(a legible copy of the photocopy application) together with a copy of the prescribed terms which "would" have been on the rear of my application form. I have pointed out that the terms and conditions supplied, were, by their own documentation, sent out at a later date with the cancellation notice and not on the rear as they suggest. The statement of account needs to be signed. Asked for this lot to be sent to Katherine Grant at FOS.
See what happens next.

[Enforcer]

Re: Barclaycard raided my bank account!

Actually got a reply yesterday, dated 27th June. Usual template about how they have complied with my request an they "consider the agreement to be fully compliant.

I have replied asking them, for the avoidance of any further disagreement over what has or has not been supplied. To send a reconstituted copy of my "executed" agreement,(a legible copy of the photocopy application) together with a copy of the prescribed terms which "would" have been on the rear of my application form. I have pointed out that the terms and conditions supplied, were, by their own documentation, sent out at a later date with the cancellation notice and not on the rear as they suggest. The statement of account needs to be signed. Asked for this lot to be sent to Katherine Grant at FOS.
See what happens next.

Update.
Katherine Grant is now taking this case on. She has written to Barclaycard asking for information.

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

Update.
Katherine Grant is now taking this case on. She has written to Barclaycard asking for information.

I know that name, FOS adjudicator. Is it from your case? Lol

Sorry I forget

[Enforcer]

Re: Barclaycard raided my bank account!

Yes, she dealt with my previous complaint, did Barclaycard have a right of set off.
She decided that they did. Was referred to Ombudsman who said that they had a right under s16.3 of the Barclaycard terms and conditions. (there never was an executed agreement not signed by Barclaycard under S61(a). However they had no remit over the enforceability of accounts.

I then complained that Barclaycard were refusing me a S 78 request. Katherine decided that the Ombudsman could not act. Linked to my previous request. You then did a Niddy special. Complaint was passed for an Ombudsman to look at. After several more letters, Gemma Anderton, Barclaycard executive office, agreed to supply a S78, all they sent were notice of cancellation, which also contained the terms and conditions, no reconstituted copy of agreement, nor prescribed terms. After more letters, I finally got letter saying they had complied and FOS referral rights. At this stage Katherine Grant e mailed me to say that she had taken my complaint back from the Ombudsman and had written to Barclaycard for more information. This is where I stand at present.
Thanks

[Enforcer]

Re: Barclaycard raided my bank account!

It seems that although the FOS agree that Barclaycard do have a right of set off by agreement. They have now admitted that they cannot provide a legible copy of the agreement to the FOS.
I have written to Gemma Anderton, Executive Office, Barclaycard, and asked for my money back, together with the charges incurred of over £1000.00 plus interest. I will keep you posted.
Will be fun when this lot gets into the media! Naughty Barclaycard.

[Enforcer]

Re: Barclaycard raided my bank account!

Sorry, I should also have mentioned that Barclaycard have sold this alleged debt to MKDP debt collectors. Now I do feel really sorry for MKDP, they have paid out good money in the hope of making a small profit. It seems that Barclaycard have sold them a dud account. So not only are they trying to screw their customers, they are also doing the same to the poor DCA's. Don't you feel sorry for them?

[TibetanMonk]

Re: Barclaycard raided my bank account!

Is it only Barclays that exersize ROSo? Or do other banks have a reputation for doing it.

[nightwatch]

Re: Barclaycard raided my bank account!

Most banks will do it if you have money in the account

[TibetanMonk]

Re: Barclaycard raided my bank account!

Most banks will do it if you have money in the account

Thats sucks, lol. :P

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

But key here is BARCLAYS & BARCLAYCARD are separate entities and no mutual RoSO exists.

[TibetanMonk]

Re: Barclaycard raided my bank account!

But key here is BARCLAYS & BARCLAYCARD are separate entities and no mutual RoSO exists.

So from a legal standpoint, if I owe BarclayCard £1k, and I put £1k in my Barclays Account then legally BarclayCard cannot use ROSo to remove funds?

Which obviously they do use ROSo, hence this thread :P But surely if they cannot do this, but do, you can claim damages etc? Or am I being a numpty and going completely off course.