Barclaycard raided my bank account!

[Enforcer]

Re: Barclaycard raided my bank account!

Thanks CleverClogs, the bible says that Barabbas was a robber. Probably qualified to work in a Bank then!

[Enforcer]

Re: Barclaycard raided my bank account!

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).

Barclaycard is a trading name of Barclays Bank PLC.

[PriorityOne]

Re: Barclaycard raided my bank account!

Barclaycard is a trading name of Barclays Bank PLC.

That's one of the more obvious links between companies but others are not as clear cut, unfortunately.

[PriorityOne]

Re: Barclaycard raided my bank account!

Links keep changing because banks are always taking over other banks, merging, de-merging, buying and selling accounts. They make gzillion$ in the proce$$.

That's why people need to be very careful what they sign....

[Enforcer]

Re: Barclaycard raided my bank account!

Had a phone call from nice lady at Barclaycard, from (quality?) department. Answered her politely. As we are unable to reach agreement they are now passing me to debt collection. Having dealt with Mercers for 6 months, I thought they had already done that.Mentioned that I and wife were watching the video of Marlins debt collectors suggested she may want to try them! Looked up the number she called from, Calders.
Can they do this whilst my dispute is still being dealt with by FOS? I wonder.

[Pixie]

Re: Barclaycard raided my bank account!

Had a phone call from nice lady at Barclaycard, from (quality?) department. Answered her politely. As we are unable to reach agreement they are now passing me to debt collection. Having dealt with Mercers for 6 months, I thought they had already done that.Mentioned that I and wife were watching the video of Marlins debt collectors suggested she may want to try them! Looked up the number she called from, Calders.
Can they do this whilst my dispute is still being dealt with by FOS? I wonder.

I don't know about that but Barclaycard, Mercers, Calders - all part of Barclays.

[Never-In-Doubt]

Re: Barclaycard raided my bank account!

Calders.
Can they do this whilst my dispute is still being dealt with by FOS? I wonder.

Can they do what? sell the debt? yes.

Can they hassle you? Yes.

The fos is simply an arbitration portal, not their (the banks) regulators (that would be the FSA and OFT).... so depends on what you mean, 'can they do this'?

If you're asking if Calders can ring and pretend to be from BC then absolutely not - definitely not and any occurrence of this should be recorded (times/dates etc) and formalised with the OFT, FOS and the bank itself.

[Enforcer]

Re: Barclaycard raided my bank account!

Latest update. Letter received today Formal demand for payment. As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding balance shown above is now due in full. Please note that we will no longer send monthly statements to you. Then goes on to say ppi is cancelled, already paid me back on that!
Credit Reference Agencies.
This Formal Demand is a legal document. We are notifying you of our intention to file a Default at the credit reference agencies. Then goes on with the usual crap!

Does this mean that they will now issue a proper default? Have they admitted that the last 2 defaults from Mercers where defective?
Any suggestions.

[PriorityOne]

Re: Barclaycard raided my bank account!

Does this mean that they will now issue a proper default? Have they admitted that the last 2 defaults from Mercers where defective?
Any suggestions.

IMO, this means they will file a default with the CRAs.... although I would have thought this had been done already.

They are not "admitting" anything.

[Undercover Elsa]

Re: Barclaycard raided my bank account!

It lso means they are terminating the account. Have they been adding monthly interest and charges to this point? Hopefully these will now stop.
Default Notices for the purpose of section 87 and Notices of Default in respect of CRA's are different, although as they tend to happen at the same time can be confusing.

Elsa x

[Enforcer]

Re: Barclaycard raided my bank account!

It lso means they are terminating the account. Have they been adding monthly interest and charges to this point? Hopefully these will now stop.
Default Notices for the purpose of section 87 and Notices of Default in respect of CRA's are different, although as they tend to happen at the same time can be confusing.

Elsa x

Thanks for the reply. Yes they have been adding interest, over £130 a month and going up! Pointless really as they do not have a valid agreement. Hope FOS get back with a favourable answer on right of set off, as this month they are taking £110 in charges for pushing me into "personal reserve account".

[Undercover Elsa]

Re: Barclaycard raided my bank account!

That's horrendous! Well at least the card charges will stop now.
Best of luck with the FOS complaint.

Elsa x

[Enforcer]

Re: Barclaycard raided my bank account!

Just a quick update on progress.
Sent a very detailed letter to 10 Downing Street regarding Barclaycards illegal use of set off, asking for the enclosed info to be passes to Parliamentary committee on banking. Reply, "I am writing on behalf of the Prime Minister to thank you for your recent letter and enclosures.
Mr Cameron is grateful for the time and trouble you have taken to get in touch.
Because HM Treasury is best placed to respond to the matters you raise, he has asked me to forward your letter to the Department so that they may reply to your concerns directly.

[Enforcer]

Re: Barclaycard raided my bank account!

Reply from HM Treasury.
Thank you for your letter about set_off, which has been passed onto the Treasury. As it is not practical for Ministers to respond to all the letters they receive, I have been asked to reply on their behalf.
I am sorry to hear about the difficult circumstances that you have experienced.

Banks have a legal right of set-off (sometimes called the right to combine accounts). This means that a bank may recover a debt owed by a customer on one account from sums held in another account. For example, a bank can take money from a customer's current account to cover a missed payment on their credit card.

Then goes on about the Lending code.

Needless to say I have written back explaining to HM Treasury, the law on set-off. Once again I asked that my letter is passed to Ministerial level.

All that I can say is, God help the UK! If HM Treasury does not understand the laws regarding banking, what chance do we stand.

[nanna58]

Re: Barclaycard raided my bank account!

the very idea of the uk gov understanding the law is sci fy