Barclaycard raided my bank account!

[Enforcer]

Re: Barclaycard raided my bank account!

Had a discussion on the phone with Barclaycard. Now moved up to level2 whatever that is. It was pointed out to me that even if a debt is uneneforceable it still remains due and payable. Obviously what Niddy referred to, they intend to carry on with "stealing" from me. I pointed out that their is no agreement, at present it stands as a prospective future regulated agreement which under section 59 CCA1974 is "VOID" at worst going by Judge Waksmans verdict it is "unexecuted" section 8.1 of the Barclays Bank retail agreement.(which Niddy referred to as "Group" states.
8 Set Off
8.1 (b) you have failed to pay us any amount you owe us on overdraft, Personal Reserve, credit card, personal loan (including mortgage) or any other credit agreement you have with us.
I pointed out that I do not have a credit agreement with them. I still believe that they have "stolen" this money from me.
He sort of implied that he could refund the money taken if I agreed how I was going to repay this "alleged" debt.
I told him that I will continue with Trading Standards until we get to the bottom of this "Theft" and I expect prosecutions.
Don't hold out much hope of a fair decision from FOS though I might be pleasantly surprised.

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

I'm sorry to say but you'll lose. You have no rights as RoSO is acceptable. An agreement is only "void" (not void but...) if a judge deems it irredeemably unenforceable and even then it's still owed but the lender cannot enforce the debt - its not void but why pay when you know they cannot enforce? They can even add a default (McGuffick v RBS).

[Enforcer]

Re: Barclaycard raided my bank account!

Trading standards sent a letter to Barclaycard over 5 weeks ago asking them how they had applied set off when my retail banking agreement states that it does not apply to Barclaycard. As I had not heard from them I a sent an email asking if they had received a reply. Barclaycard have not yet responded to Trading standards.
Is there a set time scale for them to reply?

[Enforcer]

Re: Barclaycard raided my bank account!

E mail from local trading standards. Barclaycard have still not replied to their letter. Now referred it to home authority officer for Barclaycard. See what happens next!

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

Ahh so it was a retail account - good luck

I presume then to offset would mean you needed a business barclaycard which even so, changes things as the liability would vary dependant on the type of business.

Hope you kick arse

[Enforcer]

Re: Barclaycard raided my bank account!

Shame Bob Diamond left! Just looking at one of my letters to him from last year. I told him that "the culture of Barclaycard is totally corrupt, they either do not know the law or choose to ignore it". Shame he didn't act on it.

Instead I had a reply from the Directors office stating that no action would be taken against the employees mentioned as they had acted in accordance with the policy of Barclaycard.

This tells me that their whole policy is to ignore OFT and FSA guidlines. Sorry Bob. You got it wrong. Pity you aren't there to put the policy right. Why didn't you listen.

[mgfboy]

Re: Barclaycard raided my bank account!

The trick with Barclays is to have and account in OD, I've got about £70/80K of UE credit with them and they haven't once tried to offset against my account

In fact I think they have forgotten and even gave me a card for the bank account again recently!!!

[Enforcer]

Re: Barclaycard raided my bank account!

Them taking money from me put me into "personal reserve" £22.00 every 5 days. Already written to my local branch manager regarding breach of mandate. To be fair she did try to get sense out of Barclaycard but had no joy. I WILL be refunded all of my fees when I beat them and 8% statutary interest, I know that they cannot hope to win this one. Just waiting.

[Enforcer]

Re: Barclaycard raided my bank account!

Yes personal reserve is charged at £22.00 every 5 days. Part of Barclays Bank terms and conditions. They are trying to screw me into submission! They WILL have to pay me back plus 8% interest once this is sorted.

[mgfboy]

Re: Barclaycard raided my bank account!

What's personal reserve? Some kind of overdraft? They're not allowed to set off against an O/D!

Are you saying you got charged £22 every 5 days????

I had one of those and in the end they just increased my OD limited so I wasn't paying it!!! Also I think your right they can't offset against a OD, otherwise I'm sure they would have done it to me!!!

[Enforcer]

Re: Barclaycard raided my bank account!

Trading Standards home authority officer now asked for copy statement when they used their "illegal right of set off" looks like it is moving forward

[Enforcer]

Re: Barclaycard raided my bank account!

I have been looking at unfair terms of contract 1999 and cputr. Barclays terms and conditions state that they can use set off on credit cards and loans. Section 8. These loans and credit cards are available to consumers who are not customers of Barclays Bank. Therefore the right of set off does not apply to non Barclays customers. Is there any case law regarding this? It appears to me that it is an unfair term in that credit cards and loans are offered as unsecured yet this unfair term would appear to be binding a small percentage of consumers to a right of set off. Surely this is against the regulations?
I have also seen instances on forums where a bank has used set off when an agreement is unenforceable in law. Again is anyone aware of any case law allowing them to do this, or have consumers just been letting the banks get away with it?

[Enforcer]

Re: Barclaycard raided my bank account!

Ok no answers, I can only assume that everyone has rolled over and let Barclaycard screw them! Why?
Letters going off to FSA OFT and Parliamentary committee on Banking.

[PriorityOne]

Re: Barclaycard raided my bank account!

I have been looking at unfair terms of contract 1999 and cputr. Barclays terms and conditions state that they can use set off on credit cards and loans. Section 8. These loans and credit cards are available to consumers who are not customers of Barclays Bank. Therefore the right of set off does not apply to non Barclays customers. Is there any case law regarding this? It appears to me that it is an unfair term in that credit cards and loans are offered as unsecured yet this unfair term would appear to be binding a small percentage of consumers to a right of set off. Surely this is against the regulations?
I have also seen instances on forums where a bank has used set off when an agreement is unenforceable in law. Again is anyone aware of any case law allowing them to do this, or have consumers just been letting the banks get away with it?

Banks have got away with a lot of things due to consumer ignorance. Have to say though, I've not heard of any bank having a "right" of set-off over another company/creditor account unless the first company was already in bed with the other (so to speak).

[CleverClogs (RIP)]

Re: Barclaycard raided my bank account!

Look at Barclays Bank Retail Agreement section 1.3 This agreement does not apply to Barclaycard. Where this agreement does not apply you will usually need a seperate agreement with us.
Barclaycard say that they have taken the money under section 8. Of an agreement that does not apply to them!

Barabbas was a banker. (Gospel according to St John, Chapter 18, verse 40)