Barclays Advice Needed

[reddannio]

Hi, yes im back here again seeking some more advice!

 

I have an account with a £500 overdraft limit that i rarely use as it isnt my main account. It has been sittting around the £500 OD mark with charges/interest etc taking it over the limit, i would transfer money in to try and keep it under the limit but then charges/interst would take it over again. Then, in January of all times Barclays decided that because i hadnt made any paymnets into this account for a while and it had frequently gone over the limit they were going to close the account as they judged i had defaulted. They are now making me pay back all the overdraft (£500) with a direct debit each month with the ramaining balance to be paid in full in June !

 

I recived the list of charges on this account which total around £500 in the last 6 years and will write to request these back but feel certain that as charges have been applied to this account that i shouldnt be 'defaulted' and that it shouldnt be registered on my credit file as they informed me it would ?

[yourbank]

Barclays appear to be paying out quite a bit at the moment up to the point that they introduce the Reserve useage fees(august 2008). Definitely worth putting in a claim now. I suspect they are more accommodating at the moment.

[MARTIN3030]

They are when it suits them !

[yourbank]

Martin there is evidence that Barclays are beating NatWest in paying out with the reference of "Barclays fishergate"(if memory serves me right). They aren't paying out on charges after August 2008 because they believe their reserve fees are outside of the waiver and therefore are fair. I doubt any of us believe that part of it. Personally, I think anyone who has a Barclays claim on hold should re write in and ask them to reconsider their claim now. We all know that the way banks look at claims are evolving. Some are easier than others. I think we all accept Lloyds and HSBC are the worst.

[MARTIN3030]

Well yes-their conveniently if not hastily changed terms and conditions may exonerate them from Aug 08.

I have not seen the figures as regards Barclays v Natwest so couldnt really comment.But I guess claimants have nothing to lose bar the price of a stamp to try to reinstate an agreement on settlement.

[reddannio]

I am going to put in a claim, i also have another for my main account which has been 'stayed' for 2 years so might revisit that one.

 

Back to my initial question though, should i write to them requesting that my account should not have been defaulted or a note made on my credit file as this was in essence due to the charges on the account?

 

Thanks

[MARTIN3030]

Even if they settle it will be a without liability.

Getting them to remove a default is much harder than getting your money back.

You should add a notice of correction to say that you dispute the entry because it derives entirely from unfair charges which are being claimed back.

Personally I think it will be easier to sort this after they have refunded the charges.

In the meantime you can file a complaint.

Its unwise to send a section 10 notice at this point since they will need further permissions from you to deal with your complaints.

[reddannio]

Yes that seems logical, thanks Martin. What is a section 10 notice ?

 

Red

[MARTIN3030]

Its a request under the data protection act that instructs them to stop processing or sharing your data with 3rd parties.

[MARTIN3030]

There are still a lot of people in the same position and awaiting the ruling from the test case appeal.

Once it can be established and accepted that charges WERE indeed unfair,then it should clear the decks for valid address for all those who were defaulted on their charges-although its more than likely the Banks will argue that the difference between the figures judged to be unfair and those recorded should stay.

This is an arguement that Citi Financial have repeatedly used-and have in fact been adjusting credit files to that effect.