Barclaycard raided my bank account!

[Enforcer]

Re: Barclaycard raided my bank account!

Replied to the financial ombudsman service, saying that I had to go into personal reserve as electric is on key card, gas on payment card etc, as my post. Was asked, why had I not explained this to Barclaycard when I asked for my money back, and why had I not sent them an income and expenditure letter!
I have sent a copy letter from Barclaycard dated November last year where they told me that they had a "legal" right to withdraw all monies from my account apart from active direct debits and leave me with £100.00 subsistence. I then wrote to the directors office complaining and was told that any monies taken would not be refunded. This is why. They did not ask me for i&e.
I didn't realise that I was dealing with an adjudicator. Will now be passed to an ombudsman on 19th October. Still going on!
My request under s78 was received by Barclays and signed for Wednesday 3rd October. Lets see what comes back.

[PriorityOne]

Re: Barclaycard raided my bank account!

Have you opened those personal accounts somewhere else yet?

[Enforcer]

Re: Barclaycard raided my bank account!

Not yet. Waiting for reply to s78 request. To be honest I haven't got time to do anything until Nov 5/6 or 7. Working flat out to keep earning. Was told last week wife will be made redundant again on 28th Nov. Business closing. Twice in less than 2 years! Sh1t happens!

[PriorityOne]

Re: Barclaycard raided my bank account!

Not yet. Waiting for reply to s78 request. To be honest I haven't got time to do anything until Nov 5/6 or 7. Working flat out to keep earning. Was told last week wife will be made redundant again on 28th Nov. Business closing. Twice in less than 2 years! Sh1t happens!

Waiting?! My advice to you would be to make time 'coz at the moment you're a sitting duck.

I know you're going through a really hard time but protect your interests as far as possible by changing things that are still in your control to change.... please!

[Enforcer]

Re: Barclaycard raided my bank account!

letter today from FOS If you have any further points or information you want the Ombudsman to consider, please send these to me by 5 November 2012. If you need more time to reply, please let me know before this date. If I do not hear from you, I will assume you do not wish to add anything.

Today was the last day for Barclaycard to reply to my s78 request for CCA. No reply yet.

Do I wait or send a note to FOS informing them?

[The Tech Clerk]

Re: Barclaycard raided my bank account!

letter today from FOS If you have any further points or information you want the Ombudsman to consider, please send these to me by 5 November 2012. If you need more time to reply, please let me know before this date. If I do not hear from you, I will assume you do not wish to add anything.

Today was the last day for Barclaycard to reply to my s78 request for CCA. No reply yet.

Do I wait or send a note to FOS informing them?

Give a couple of days, then if nothing inform the ICO and make a complaint, you could inform FOS as well that you have had to resort to complaining to ICO

[helmsman]

Re: Barclaycard raided my bank account!

Have you opened those personal accounts somewhere else yet?

Hi,
Co oP cashminder can be opened over the phone (or thats how we did it) if I were you I would definately take the suggestions offered by P1 and the others.

[Enforcer]

Re: Barclaycard raided my bank account!

Gone to a proper ombudsman now, waiting for reply. Usual will be cannot decide on enforceability of agreements! Despite sending them a copy of an unexecuted prospective agreement. Trading standards asked for a contact and reference at FOS. Passed this info on. They have obviously spoken to FOS. Now had an email from Trading Standards saying that they have a meeting with solicitors on Monday regarding my dispute. Any suggestions, any further info you think I should send?

[ScabHunter]

Re: Barclaycard raided my bank account!

The only way to effectively gain control of your time is to get your priorities in order, and right now the priority is to get a safe bank account opened. Make sure that is with a bank which has no connection with any of those with which you have alleged debts.

There are more choices than you probably realise. Co-Op, Nationwide and Barclays are always mentioned because they are the only basic bank accounts which offer a proper debit card. If you get one of the others, such as HSBC, you only get a card with which you can draw cash out of a machine.

There is a partial solution. If you get one of the better pre-paid debit cards such as Kalixa or the Orange cash card, you can use online banking to transfer money from your basic bank account to the pre-paid card, and then use that as though it was a bank debit card. It is not quite as good as having a full debit card, in that there is some delay in the money being available, but it is certainly a workable solution.

You should be able to qualify for any of the basic bank accounts as long as your identity and address don't flag up any adverse markers. The same applies to Kalixa and the Orange card. They do identity checks, but not credit checks.

I would start with the Tech Clerk's suggestion of Nationwide, unless you have an alleged debt with them. Whatever you are going to do, you need a secure bank account.

SH

[Enforcer]

Re: Barclaycard raided my bank account!

Had a response from Trading Standards, sent to Niddy for any comments/advice. Finally worked out how to send attachments. Now sending alleged agreement for professional opinion.
E mailed CCA to niddy.

[Enforcer]

Re: Barclaycard raided my bank account!

Any views on CCA, is it UE.

[Enforcer]

Re: Barclaycard raided my bank account!

Didn't get a reply to S78 request sent to Barclays HQ they never cashed cheque either! Sent another S78 request to Barclaycard on 16th December. Replied yesterday no covering letter, just a copy of letter from September 11th quoting Carey, saying final response. Didn't even say who posted the copy. Have now written to Directors office with a copy of my "improperly executed agreement" asking for my money back, together with all charges incurred due to their illegal use of set off. I suggested to them that they should in all fairness, follow the lead shown by Northern Rock Asset Management, and refund ALL interest charged during their period of non compliance with the regulations.
Sent a copy to Ombudsman. Lets see how they reply!

[ken100464]

Re: Barclaycard raided my bank account!

. I suggested to them that they should in all fairness, follow the lead shown by Northern Rock Asset Management, and refund ALL interest charged during their period of non compliance with the regulations.
!

Great plan just one flaw I can see in that. NRAM owned by us the taxpayer. Barclays owned by the rich and tight.

Result NRAM cough up because the rich dont lose

Another one RBS coughing for money left behind at cash dispensers.

Why now do they get their ethics? Hmmm oh yes its the taxpayer again.

Hope I am wrong but sadly think its just a smokescreen at our expense again.

[Enforcer]

Re: Barclaycard raided my bank account!

Thanks for all the help so far, one small question though. In 2011 Barclaycard sent a s78 reply. I had not asked for it, nor had I paid for it. This was to show me that my account was correctly executed and enforceable.
I knew that it wasn't, hence I did not bother asking for a s78 request until October 2012. No reply! Again sent s78 request December 2012, only reply, a copy of a letter that they sent me September 2011. Surely they should have replied that they did not have an enforceable agreement. Or, by not sending an official reply are they accepting that it is now, and always was unenforceable?
Any help with this?

[Enforcer]

Re: Barclaycard raided my bank account!

Update. As expected FOS have ruled in favour of Barclaycard, they can only decide what they believe is fair and reasonable in this complaint. Everything hinges on S 16.3 of Barclaycards terms and conditions! However there is an improperly executed agreement, no signature by Barclays. They have failed under S61 (1) (a) as described by Paul in his posts. They have no legal right to take, or hold any securities.The Ombudsman has noted my strength of feelings and comments about the enforceability of the credit agreement and states. "but I have no power to declare a credit agreement unenforceable; only a court can make that determination."
We have a rather strange system in this country. The police cannot, or will not act in a dispute over enforceability, OFT will not act in the case of an individual, FSA will not act in the case of an individual, Prime Ministers office refer you to H M Treasury who refer to FOS agreeing that Banks have a right of set off.

This allows the Banks to help themselves to your money, whether or not they have an enforceable agreement, effectively bypassing the Law of the land. Why go to court, or even bother with DCA's. Just help yourself!

I have written to Sir Hector Sants, Head of Compliance, Government and Regulatory Relations regarding this matter. An Honourable Gentleman, Knight of the Realm don't you know. Had a reply from Executive office. Cannot comment at this time, as awaiting Ombudsman decision.
I have now sent another Subject access request, and my 3rd official request under S78. I do hope that they reply. They have not cashed my previous cheques! Quite happy previously, sent S78 without me even asking for it, to prove that they had an enforceable agreement. Now they won't send me one even when I send payments.
Will see what happens, but I now feel that this type of action by Barclays needs to be highlighted in the national and international press. The public need to be made aware of this scandal.