Re: BARCLAYCARD TAKING MONIES WITHOUT CONSENT

Jun 10, 2004 9 Replies

Without a hint of irony, "Mark H" astounded uk.legal on 10 Jun 2004 by announcing:


A relative had defaulted on a Barclaycard, but had been in touch with
> them and was awaiting forms to be sent to her to arrange a direct debit
> to pay off the debt.
>
> She has been to her bank today which is Barclay's, and been advised that
> Barclaycard have taken the balance of 650 from her bank account. >
> This money was not her's to spend.
>
> Barclaycard tell her that it is in the small print that they can take
> monies from any other account with the Barclay's group?

Correct.



I know she is stupid to get in this mess in the first place, but I would
> appreciate any advise on where she stands.

Well I guess she should contact the collections department of Barclaycard and discuss it with them first. See what they have to say for themselves.

Where does it say that, and what exactly does it say? (I can find no such condition.)

Trust me. My wife works for Barclays and this kind of thing is routine. The law on this goes back to the 19th Century and beyond. A company as big and well founded as Barclays knows exactly what it is doing with respect to its everyday core business, argue as you may.

They are right.

And who cares - she should not of used a credit card without realising that at some point she has to pay it back. Talk about abdicating responsibility. Next thing she'll be claiming she's a victim. The only thing she can blame to being a victim of is her own crass stupidity.

And nobody believes people put money into their own bank account which is not hers. That's just bollocks.

How about expenses payments for settling a corporate charge card? My bank attempted to remove an agreed overdraft limit because of a large sum that went into the account until I pointed out that the exact same amount was due on a corporate charge card.

If you're going to state that something is bollocks make sure it's not you.

Peter

I was talking about small print, i.e. stuff in writing in an agreement.

If, on the other hand, there is a law saying that a bank can take money out of my account without my permission simply because a different bank (of the same group) wants to, I would be interested to know what the law says.

I'm not saying you're not right (especially after talk around here about banks reversing payments and cheques after the money in paid in) but I am not prepared simply to 'trust' you.

He didn't say it wasn't hers, he said it wasn't hers to spend. Maybe it was to pay the mortgage, direct debits etc. No doubt, because Barclays can get away with offering to help someone on the one hand while doing exactly the opposite with the other, this woman will find herself defaulting on some other loan, and if that happens to be a DD no doubt Barclays will charge her

30 which helps her even more doesn't it?

So it's obviously written into Barclays code of practice that when people turn to them for help they will listen sympathetically, offer to help, then cosh them on the head as they turn to leave?

Interesting.

I too work for Barclays but this would not seem to be correct.

Credit agreements with Barclays Bank all incorporate a 'right of set-off', which would allow loan payments/arrears to be collected from any account in the loan holder's name. I am not aware if this right extends to Barclaycard, or any other part of the group.

If that were the case, the implication would be that Barclaycard could force withdrawal of funds from a Mini-Cash ISA, or sale of stocks from a client's Stockbroker account.

I have checked the T&C for Barclaycard and Barclays Bank, but find no trace of this permission, implied or explicit.

What other similar examples had your wife experienced?

Marcus

Don't believe this; I remember my mother using this logic when I was five.

I recently received a letter of apology and a refund from Intelligent Finance which is part of HBOS, the BOS part of which goes back to 1695.

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required