Barclaycard have stolen my money!

[moneynotsafeinthebank?]

Money has been taken from my Barclays bank current account without my knowledge, awareness or consent.

Barclays bank told me it was taken by Barclaycard.

Barclaycard say they are able to take any balance from my Barclays bank account over £100 as they have the "right to set off funds" because I owe Barclaycard money (I have never had a barclaycard, but had a goldfish account which apparently barclaycard have taken over).

How can the bank allow a withdrawal to be made from a customer’s account without permission?

How did Barclaycard get the details of my account at the bank or know there was any money in it?

What happened to Data Protection?

This is unsecured lending – am I protected by the Consumer Credit Act?

Do I have any recourse under Law?

Like many other self-employed people at the moment, I am experiencing financial difficulties. I have had no income since September had have had to borrow money from friends towards my mortgage payments (which are in arrears), which is what the money taken by Barclaycard was intended for.

Whilst I fully intend to repay my creditors, this will have to be when I am able to do so, surely they can’t just take it?

My mortgage company tell me barclaycard should not be able to just take funds from my account as theirs is not a priority debt.

This is theft by any other name!

I don’t know what to do, or who to complain about – is the bank wrong for allowing an unauthorised withdrawal to be made from my account or is Barclaycard wrong for taking the money? And who should I complain to?

I am outraged, distraught and horrified that this could happen and am terrified of losing my home.


Can anyone help me get my money back?

[natweststaffmember]

Re: Barclaycard have stolen my money!

http://www.financial-ombudsman.org.u.../40_setoff.htm
That is the rules around the right of set off.
A Warm welcome to the forum, btw

[WendyB]

Re: Barclaycard have stolen my money!

Hi MNSIB, and welcome to Beagles. Sorry your name is too long for me to type! (Injured finger-long story lol)

Anyway, with regard to Barclaycard taking money from your account, i am not too sure but no doubt someone will be along soon who knows more about it.

With regards to your present financial situation, do you have charges on your account that could be reclaimed? If so, you may be able to make a claim under hardship grounds. Have a read around the Hardship forum and see if this applies to you. I would advise you to start separate threads for each creditor, also.

Who is your mortgage with? Are they being understanding about the arrears? have you come to any arrangement with them to pay the arrears?

Sorry so many questions, but the more info we have, the better we will be able to help you

[Amy]

Re: Barclaycard have stolen my money!

Yes, they are allowed to offset funds.

I would advise you to open another account as soon as you can to ensure they do not take your mortgage payments again. Natwest have a basic account that does not require a credit check. There is no overdraft (which is why a credit check is not needed) but at least it will keep your mortgage payments safe. You can apply for this account online.

On the subject of your mortgage, how far behind are you?

[Amethyst]

Re: Barclaycard have stolen my money!

Call barclays and tell them the amount of that money that you needed to use to pay your mortgage and ask them to allow you to use it for that purpose. It is a priority debt and although they are allowed to offset money from your current account they can't leave you without essential living expenses (which is why they leave the £100). How do you usually pay your mortgage? Is it through DD/SO and is that set up on that account ? (ie so they would know it was due out etc) - then you do need to set up an arrangement with barclaycard to pay to stop them doing this again.