Anything else on the other parts please? Am still waiting on a reply if anyone else can help? Cheers

I have an individual query that I wondered if someone would be able to answer. I got a CCJ from Lloyds (Solicitors Sechiari, Clark and Mitchell) for £2100 back in January and was asked to pay £60.00 per month by the court. I meant to set up a standing order to start February, but forgot to do it, I made payment in February for £60.00 and then forgot all about it. I got a letter last week with an interim charging order on my house due to having £180.00 arrears as of June. I phoned S,C&M today to ask if I could pay off the arrears and stop the order. They said they would speak to Lloyds TSB who only offered a figure of £1700 in total to pay it off, but if I couldnt do this there was nothing they could do and they would continue with the order. This is now totally preying on my mind and causing me stress. I am going to write to Lloyds and send a copy to the court but was wanting advice on the points below if someone would be so kind: *The house is in joint names with a friend (not partner) and that is the only think we have us linking us together. Does that make any difference? *The house is in serious negative equity. My mortgage is 7 months in arrears and I have had problems all the way through keeping up with payments, I bought the house in Jan 2007 for £89,000. Is is probably worth about £85,000 now due to the credit crunch, but with all charges and interest on my mortgage (was a 100% mortgage) I know owed nearer £95,000 on my last statement. I am trying to clear the arrears at £100 per month. Would this make a difference? *S,C&M have sent absolutely no correspondence about my CCJ arrears so I was not aware *I am willing to start paying the £60.00 per month as of next week, but would struggle to make my mortgage arrears payment this month if I paid off the whole lot. *I have also noticed a mistake on the application for a charging order. S,C&M have quoted the judgement was for £3580.77, however, I disputed the amount and they agreed to accept £2100. So on the form section 2 about the judgement debt is incorrect. Would it make a difference if I complained about this? *Furthermore, having just looked through the paperwork I realise the iterim charging order was granted on the 4th June 2009 at Leeds County Court. Should I have had notification of this? Could someone please provide some advice ASAP as I am going out of my mind with worry, and my mate is giving me serious hassle about the court papers coming to our address etc. thanks and kind regards s4ddy

Thanks for your advice, will take this into consideration when writing my letter. I have also just noticed a mistake on the application for a charging order. S,C&M have quoted the judgement was for £3580.77, however, I disputed the amount and they agreed to accept £2100. So on the form section 2 about the judgement debt is incorrect. Would it make a difference if I complained about this? furthermore, having just looked through the paperwork I realise the iterim charging order was granted on the 4th June 2009 at Leeds County Court. Should I have had notification of this? *********Now moved to its own thread***********

I have an individual query that I wondered if someone would be able to answer. I got a CCJ from Lloyds (Solicitors Sechiari, Clark and Mitchell) for £2100 back in January and was asked to pay £60.00 per month by the court. I meant to set up a standing order to start February, but forgot to do it, I made payment in February for £60.00 and then forgot all about it. I got a letter last week with an interim charging order on my house due to having £180.00 arrears as of June. I phoned S,C&M today to ask if I could pay off the arrears and stop the order. They said they would speak to Lloyds TSB who only offered a figure of £1700 in total to pay it off, but if I couldnt do this there was nothing they could do and they would continue with the order. This is now totally preying on my mind and causing me stress. I am going to write to Lloyds and send a copy to the court but was wanting advice on the points below if someone would be so kind: *The house is in joint names with a friend (not partner) and that is the only think we have us linking us together. Does that make any difference? *The house is in serious negative equity. My mortgage is 7 months in arrears and I have had problems all the way through keeping up with payments, I bought the house in Jan 2007 for £89,000. Is is probably worth about £85,000 now due to the credit crunch, but with all charges and interest on my mortgage (was a 100% mortgage) I know owed nearer £95,000 on my last statement. I am trying to clear the arrears at £100 per month. Would this make a difference? *S,C&M have sent absolutely no correspondence about my CCJ arrears so I was not aware *I am willing to start paying the £60.00 per month as of next week, but would struggle to make my mortgage arrears payment this month if I paid off the whole lot. Could someone please provide some advice ASAP as I am going out of my mind with worry, and my mate is giving me serious hassle about the court papers coming to our address etc. thanks and kind regards s4ddy ********Now moved to its own thread*********

Hiya, Still waiting on a reply from the FO, but they have tried to do it again twice since. Luckily I bank with Barclays who send me the mandate asking if it is legit. Would suggest going into your bank and changing your details. Will let you know outcome when I get something back. My opinion is that it is illegal and would be interested to hear a solicitors view on it, if you tried to set up a standing order on someone elses account with a photocopied document for a random amount which has never been agreed im sure this amounts to fraud / theft, im sure the police would also be interested....... Oh, and I have also sent the story to BBC Watchdog, so report it to them, the more people that do the more chance of getting heard!

I think so, will do an SAR then come back from there. Thanks for your help in the meantime. s4ddy

Last payment was approximately 18 months ago, defaulted approximately 12 months ago. Why would I need to reclaim the charges if they cannot enforce it anyway? Sorry, I am not very good at this type of thing!

Well I wasnt sure what to do next, they have already tried to take me to court which I defended then they withdrew so I am unsure what they plan to do next. Could they take me to court again?

Hi All, Could someone please provide me with some advice? I had a loan with Welcome last year and came into some difficulty in paying. To cut a long story short I recieved court papers, and defended these, saying I thought the charges were unfair and unlawful and they tried to claim over £3000, nut I said I believed the account to be nearer £1200 including interest. Welcome said they did not agree, but then unexpectedly withdrew the claim from the courts, claiming nothing. I have heard nothing since until I got a statement yesterday saying I owed over £8000 with all the charges added over the past year!:-x I am now in utter panic and unsure what to do. Could anyone provide any advice please??? thanks s4ddy

Hi All, Has anyone else had issues with the above company? I took out a loan months ago which I then couldn't afford to pay back. They have sent a few letters then I fought back with a CCA request. Since then Barclays have sent me two letters about 2 months apart saying this company have tried to set up standing orders on my account for £200 per month until further notice. I remember signing a standing order mandate but they have obviously photocopied it and filled in their own details, cheek! I have reported them to the FOS for doing this previously but I have still heard nothing. Has anyone else had any issues with the above company or have any advice on what I should do? I am panicking incase they set up an SO and it goes through..... Thanks S4ddy

My advice would be to put your complaint in writing, thats all im gonna keep doing, just going up one stage everytime. When I get to the board of directors I will ask about milk and bread lol

Well just to give you an update on where I am at. Barclays are still saying the charges are right even though you can see from my statement I did not go over my overdraft. I have written to them again today with the letter below. Will update when they respond. Thank you for you letter dated *****2009. However, I still have a number of issues that I feel are still unresolved. I have returned a copy of your letter, numbered for ease of use. Firstly on item 1 – Thank you for reversing the charge incurred on *******, although this had already been agreed by one of your colleagues as stated in my original letter. Item 2 – You stated in your letter these charges must stand as I was over my agreed overdraft limit. I must disagree, I have attached a copy of statement for ease of use and highlighted the transactions in question. You can clearly see I was within my agreed limit of £**** both when the transactions were completed and when they left my account. I ask you once again to look at this matter, and if you disagree to state clearly your reasons why. Item 3 – I do not feel you have addressed this matter at all, apart from stating charges were applied within the terms and conditions of my account. I do not feel this is the case, there is nothing in your Personal overdraft & Reserve charges which states you cannot draw against an uncleared balance, only that if the item is returned you may be charged in line and expected to make a payment to bring your account up to date. I have attached a copy of these charges printed from your website today, so I am assuming they are the latest copy. If Barclays do now charge from the ‘cleared balance’ I would like to know when this was implemented, as I have received no notification of this being the case and there is still nothing in your terms and conditions to state this. I can prove from previous statements that this did not used to be the case. I now feel Barclays are operating outside the terms and conditions of my account, and are being totally unfair in the way they are operating. As this is not the first time I am having to waste my time and effort writing to you, I am now also seeking financial compensation for the way I have been treated. I stated in my first letter the charges and my concerns were causing me great stress, and I do not feel you have addressed my points / concerns from my original letter, just reiterated the refund of a charge which I had already agreed, and the rest just seemed like standard jargon. I have sent copies of this reply and all relevant documents to the Financial Ombudsman as I feel this matter does probably not just apply to me, but other Barclays customers who are also being charged by Barclays underhand tactics. I would appreciate a simple reply to my concerns, addressing the points I have raised. Will see what they have to say.....

Has this never happened to anyone else?

Just a normal current account, standard one with a visa debit card and no extras. It cant be because they think I am a good customer as I said I only finished off paying my arranged payment in Feburary coz I went £1200 overdrawn with no overdraft!

I have sent them the draft letter below: ACCOUNT NUMBER: XXXXXXXX SORT CODE: XXXXXX I am extremely unhappy with the service provided to me over the past two weeks. I received a letter dated 24 March 2009 your ref XXXXXXXXXX/XX stating I had made a payment without having the cleared funds available. I log into your internet banking service daily to keep a track of my funds and I know this was not the case. I called Barclays and to cut a long story short after 3 phone calls the Advisor told me he was unsure why I had been charged in the first place and agreed to refund the charge (ref: XXXXXXX). I was unhappy that it had taken over an hour to get the issue resolved but glad it had been sorted out eventually. I was told the refund would be issued in 3-4 days but this has still not happened. I have now received a letter dated 31 March saying I have had another 2 charges for £8.00 each for transaction numbers XXXXXX & XXXXXX even though I know I was still within my limit, if only by 75p. To add insult to injury the transactions were for 86p & 59p. I refuse to ring customer services again and spend another hour on the phone sorting out something which is obviously a banking error. These letters / charges are causing me great stress / concern and I am reluctant to have my salary paid into my Barclays account in April as it seems every time I use my card when I am near to my credit limit, I seem to be charged. I have another account elsewhere with a Maestro card and do not seem to incur these problems. I am also now aware that Barclays now apply there charges to the ‘cleared balance’, which did not use to be the case. I do not pay in cheques so the cleared balance should not affect me, but it does when I make payments which take a couple of days to clear with my Visa Debit card. I also have another question that is if a payment is made into my account on any afternoon, is it right that I cannot use my card to pay for purchases that day? If this is the case I think this is absolutely horrendous, as if money goes onto my account at ANY time, I should be able to spend it as I see fit after the transaction has taken place. I would appreciate your comments in writing on the matter and what you intend to do to rectify my situation. I will also be sending a copy of my letter to the Financial Ombudsman Service for their comments as I feel since Barclays have revised their charging structure to charge less, they have become extremely aggressive with regards to how the charges are applied. I also feel the charges applied are unlawful and not in line with my current account terms & conditions. I appreciate Barclays are a business, and are there to make money, however, applying aggressive charging tactics to customers who use the facilities provided I feel is both morally and more importantly, legally wrong. Yours faithfully, XXXXX XXXXX Copy: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR

I have no problems with the structure, but 'If you draw against a sum credited to your account, such as a cheque, that is subsequently returned unpaid, then is the reversal of that credit causes your account to exceed any of its limits, you will be charged a Reserve Usage Fee or Returned Transaction Fee, as appropriate. You will also be expected to make an immediate payment into your account in order to bring it back within your limit.' - My example is: I make a payment in Tesco on my visa debit card for £10.00 on the 1st of the month when I am up to my limit. I get paid on the 3rd of the month. Because payments take a couple of days to go through the system, the Tesco transaction appears on my statement as the 3rd of the month. Barclays are still charging me £8.00 because my 'cleared balance' on the 2nd of the month was £10.00 over my limit. i.e. the payment to tesco's although doesnt show on my statement until the 3rd, so my statement looks fine, its the 'cleared balance' on the 2nd which they are charging me for. Secondly, the thing that is really annoying is the fact the neither my 'cleared balance' or account balance was over my overdraft in the charges I started this thread about!

Thats right, no £22 charge for 5 days etc, just 3 x £8.00 charges

Sorry I should have explained in more detail. I have no reserve amount as when this was introduced I was on a repayment plan from £800 down to £0. When I had paid this off, a couple of months later they put me a £540 O/D limit on, didnt ask or anything, it just appeared. I happily spent this (thanks Barclays) and generally operate within this limit (coz I dont want them to take it off and have to pay it back lol). My account says O/D £540 Reserve amount £0.00 so as far as I am aware I have opted out of the reserve thing, no mention in the letter of a £22 charge. I had a number of arguments with then previously about reserve / charges and opted out.

Hi, Has anyone else had issues with Barclays taking £8 charges againts an apparent over 'cleared balance'? I have been within my limit (although quite close to it!) and received a letter last week and another one today with 2 x £8.00 charges on them for having 'insufficient cleared funds' in my account, although this was not the case. I spoke to Barclays earlier in the week and they have agreed to refund the first charge (after a 30 minute phone call). I was wondering firstly if anyone had the same problem and secondly if anyone can give me any advice on how to address Barclays as im sick of the constant letters. I very rearely go over my overdraft, but always use it! Cheers S4ddy

Have complained to the OFT already, what do people think I should do with worst, should I just sit tight?

Lilly you got any ideas or are you just here to judge? At least worst are taking some notice of what I have to say, after taking 2 months of harrasment, and obtaining a debt that has escalated from £100 to £394, what would you do?

Recieved this letter from worst credit today, quoting final response at the top: Re: Complaint 1st Credit Ref: ......... Further to your letter I can confirm that we have requested the copy agreement as per your request. This will be forwarded to on to you as soon as it is received. We note that the Copy Agreement will not have been supplied within the specific time however, if an offence is committed, that does not affect the rights and duties between us. The Consumer Credit Act 1974 provides defences to any offence which we believe would apply in this case where we have to obtain documents and information to answer your request from the original creditor. We are fully aware we cannot enforce a debt until the CCA request has been adhered to. Our client states that although currently unenforceable, the debt remains due and payable. We are of the opinion that once the copy agreement has been received, that all of the legislation that you are mentioning in your letter will be fulfilled and we will therefore respectfully resume our request for repayment of the now long overdue debts. You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; futhermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act. Furthermore, we would advise you to seek proer advice from a regulated body such as the Citizens Advice Beureau rather than using text from unregulated debt forums on the internet as they do not always provide the proper leagal advice that is suitable to every case. Our aim is to resolve all complaints internally. However, in the event you remain dissatisfied with our response, you may refer the matter to the Financial Ombudsman Service within six months of the date of this letter. A copy of their leaflet is enclosed. We hope that we can resolve matters for you before you take this step. Your Sincerely ...... Compliance Officer. ******************************************************* Received this letter from worst yesterday, unsure what step to take next, can anyone help? Cheer s4ddy

I too have posted the above template today after receiving the standard response the same as deepdept. Will post my response from worst cred. Phone calls seemed to have stopped too which is always a bonus. A note to anyone who has had problems with the company, send them the phone call harrassment template letter if they are harrasing you at work / home. IT DOES WORK! They were phoning me up to 5 times a day at work which my boss wasnt happy about. The last time they rand I explained I had sent a letter regarding phone calls and that I would only be dealing in writing, to which the lady was quite pleasant! There is hope, dont let them bog you down! And a big thanks to all the people who have taken the time to respond to individuals questions / queries. It shows whatever is said, there are still genuine people out there!