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Original poster

Do you think they will empty my account ???

64 replies

nutcracker · 22/10/2006 17:37

I have a loan with Barclays and up until me and P split, I was paying it every month no problems.

When we split I started to struggle alot. The payments were £105 a month and I just didn't have it.

I rang and asked if I could change payments to £70, by basically redoing the loan, and they said yes but later changed their minds and said it had to be £90.

I agreed to the £90 but was still struggling.

Anyway, I have now defaulted and I knew I was going to, but tbh I'd rather it go to court, so that I can make an offer I can afford and not be told off for it.

Problem is, my account is also held with Barclays and in one of the letters they sent, it said that they could take money from my account if it were in credit. The only money I get into that account is my benefits, so there is never alot in there, at the most there would only be £200 which happens once a month when my CB and IS is paid on the same day, but it soon gets taken out again.

Would they be allowed to take it if it benefits money ??? Also are they likely to do it seeing as my account is normally only about £50 in credit ??

OP posts:
KBear · 22/10/2006 17:42

But if it goes to court you'll be blacklisted and that causes more problems later. Make an appointment at the bank, tell them your story and ask for a more reasonable payment option. They will appreciate your honesty and willingness to deal with the situation rather than having to sue you and are more likely to help than turn you away.

Original poster
nutcracker · 22/10/2006 17:43

Meant to say, it's not that I am trying to avoid paying, I want to pay it but just cannot afford the amount they are asking for each month.

OP posts:
Original poster
nutcracker · 22/10/2006 17:45

I can't make an appointment with the bank now, can only speak to the collections dept of them iykwim.

I will get a ccj I know but I already have some from council tax bills so I already have rubbish credit rating.

Makes me sound like i never pay anything I know, but I do honestly. Council tax bills were all cleared, but i do have another ccj for a cataloge.

OP posts:
Heavenis · 22/10/2006 17:46

I'm not sure that could take benefit money,but I'm not sure that this would stop them taking it either.
I think the best thing to do would be to either open another bank account else where. Or remove the money you have in the account.

SamhainWitch · 22/10/2006 17:49

Get advice asap from the CAB, but I have a vague recollection that they are not allowed to take funds which have been paid in as government benefits

Heavenis · 22/10/2006 17:51

You won't automaticly get a ccj.
Speak to the debt collection department and they will send you and income and expenditure form and you will be able to make an offer to pay based on this information.

zephyrHellcat · 22/10/2006 18:02

Nutty if I were you I'd change your bank account if you can. I know it's a pain but Barclays are b*ds for this and they will take the money from your account, as and when it suits them, as soon as money goes in - they will track your account. We had the same thing with dp and his barclaycard account. We got a bit behind, nothing too serious and after agreeing to his repayment offer, decided that they wanted it all instead so twice when his wages went in they helped themselves. First to £800 and then £600, and we had to figh to get some back - we had to forge our tenancy agreement to take me off of it because they said that I could pay the rent instead as I lived there too!

Just be v. v. careful with them....

zephyrHellcat · 22/10/2006 18:04

(Should have said this was his tax credits as well as wages - they take it and you have to fight for it back)

Original poster
nutcracker · 22/10/2006 18:14

I can't change my account, no where will let me open one.

I can open a post office account for my money to go in but I can't have dd's set up from that and I have quite a few.

I will be taking the money out the minute it goes in, well apart from funds needed for dd's.

OP posts:
Heavenis · 22/10/2006 18:22

There are banks that will give you a basic bank account. Which means no overdraft and no cheque book. A basic bank card like solo or electron and you can do standings and direct debits.

Original poster
nutcracker · 22/10/2006 18:25

Thats what I want Heavenis, but i applied with Natwest for a step account, which is basically what you just described, and they turned me down.

OP posts:
Heavenis · 22/10/2006 18:28

Did you apply on line or did you go into the branch.
Halifax
Co-Op
Yorkshire bank
Abbey National
All do basic accounts too.

Original poster
nutcracker · 22/10/2006 18:30

I went into the branch.

Will try the others thanks. Is it likely anywhere will give me an account though with such a bad credit history ??

OP posts:
Heavenis · 22/10/2006 18:33

There will be a bank who will give you an account.
We had our bank account with Natwest frozen when we went bankrupt but after the receiver wrote to them they let us keep the account (step one).
I'll have a search on the net for you.

Original poster
nutcracker · 22/10/2006 18:35

Thankyou

OP posts:
Heavenis · 22/10/2006 18:42

Have a look atthis
it gives you info on banks that do basic accounts

Original poster
nutcracker · 22/10/2006 18:43

Thankyou, am gonna study that now.

OP posts:
katiebirdie · 23/10/2006 08:37

they cant take your benefit money, not allowed. speak to cab as previously suggested tho as you will need to address it with them.

Creole · 23/10/2006 13:13

ermm, Barclays took my CB - so they can do it.

I've got bad credit (3 ccjs) and still managed to open a basic account with lloyds and Natwest.

LIZS · 23/10/2006 13:19

Surely to them any money in the account is just money , regardless of whether it is benefit or salary ?

katiebirdie · 23/10/2006 13:49

all i know for sure is that when it comes to debt reclaims from personal accounts they are not allowed to take the benefit money. they must give you access to it.

Original poster
nutcracker · 23/10/2006 14:54

Thanks

I can't seem to find out for definate wether they will take my benefit money or not. As far as I understood it, there had to be a certain amount of money in the account before they could touch it, but maybe thats changed.

I can't do anything at the moment as I am waiting for Barclays to send me copies of my last statement as apparently nowhere will give me an account without seeing that.

My CTC goes in on Wednesday and if they take that I will have no money at all, well about £2 and I have to buy food, although I am sure they won't care about that at all.

OP posts:
Original poster
nutcracker · 23/10/2006 14:55

Oh meant to also say, have tried ringing CAB 7 times today and it either rings out or is engaged.

OP posts:
Original poster
nutcracker · 23/10/2006 15:06

Bumping incase anyone else had anymore info.

Have looked all over the place and no where seems to know if they will take my money or not.

OP posts:
Original poster
nutcracker · 23/10/2006 15:18

bump, have posted this on moneysaving site too, incase someone on there knows what to do.

OP posts:
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