waterminx v's Barclays

[waterminx]

Hi - Looking for help/advice.

 

I had an overdraft with Barclays. My debt was spiralling out of control - in hindsight I realise that I should have seen it happening. Anyhow - I contacted them in 2008 and asked them if I could have this increased by one thousand pounds. They refused but offered instead a loan of FOUR thousand pounds - in addition to my existing overdraft. I was desperate at the time, and took it. So now I have an overdraft I cannot pay and a barclayloan I cannot pay.

 

In January 09 I bit the bullet and wrote to them explaining that I was in difficulty etc etc.. I asked that the accounts be frozen, interest not added and that they give me time to get my act together. This was all done under the guidance of the CAB.

 

I wrote time and time again but every single one of my letters was ignored. All I got was the standard Arrears notices and pro forma threats.

 

In september I got a job - a poorly paid one - but regular money. In September I wrote to barclays and offered £10 per month on both accounts. They refused this offer. I waited for them to take me to court as threatened.

 

Suddenly in december, CDCS contacted me about the overdraft. They said they accepted my £10 offer and asked me to start payments. I was puzzled at the change of heart and wrote asking a few pertinent questions. They ignored the letter and sent a 'pay up or we'll take you to court'.

 

I responded by saying 'ok - sue me I will see you in court'

 

THEN I get Barclays 'complaints department' on to me. They have now answered some of my questions but still ignore the fact that this only concerns the overdraft - not the loan. Whilst this correspondence has been going on - CDCS still continue to sent the 'pay or we hand you to debt collector/legal action letters'

 

So heres the root of my problem. I feel REALLY uncomfortable about making an agreement with CDCS... I cant put my finger on it but I just dont trust them. Does anyone have any experience of this arm of Barclays?

 

Also - they have added interest on to the debt so it is increased by a few hundred pounds. I dont feel I should pay this since I wrote so soon and so dilligently - this has been added while they ignored me.

 

Finally - the loan. Only now - in May - have I started to receive arrears notices on this account! Again, the amount is increased with interest. So far any questions on this account have gone unanswered. I have SSRd this and they dont have a signed agreement but I dont think thats an issue with this loan since I took it out in 08.

 

Part of me just wants this all to go to court so I have an end to it all one way or another.

 

Do I pay the £10 per month? How do I get them to sort out the bloody loan too??

 

Views? Suggs??

 

Fed up battling these duplicious sods as well as three credit card companies....

 

Anyhelp would be appreciated - ta

 

waterminx

[spamheed]

Hi - Looking for help/advice.

 

I had an overdraft with Barclays. My debt was spiralling out of control - in hindsight I realise that I should have seen it happening. Anyhow - I contacted them in 2008 and asked them if I could have this increased by one thousand pounds. They refused but offered instead a loan of FOUR thousand pounds - in addition to my existing overdraft. It is against OFT guidelines to advise a debtor to obtain more credit to settle outstanding debt, for the reasons you are now experiencing, do you have this advice (to take out a loan) in writing from Barclays?

 

I was desperate at the time, and took it. So now I have an overdraft I cannot pay and a barclayloan I cannot pay.

 

In January 09 I bit the bullet and wrote to them explaining that I was in difficulty etc etc.. I asked that the accounts be frozen, interest not added and that they give me time to get my act together. This was all done under the guidance of the CAB.

 

I wrote time and time again but every single one of my letters was ignored. All I got was the standard Arrears notices and pro forma threats.

 

In september I got a job - a poorly paid one - but regular money. In September I wrote to barclays and offered £10 per month on both accounts. They refused this offer. I waited for them to take me to court as threatened.

 

Suddenly in december, CDCS contacted me about the overdraft. They said they accepted my £10 offer and asked me to start payments. I was puzzled at the change of heart and wrote asking a few pertinent questions. They ignored the letter and sent a 'pay up or we'll take you to court'. Have you queried their legal right to collect against this debt at all? if not, then the simplest thing would be to write to Barclays requesting clarification over who they have passed your account on to. if they say anything other than CDCS complain to OFT, Trading Standards et al

 

I responded by saying 'ok - sue me I will see you in court'

 

THEN I get Barclays 'complaints department' on to me. They have now answered some of my questions but still ignore the fact that this only concerns the overdraft - not the loan. Whilst this correspondence has been going on - CDCS still continue to sent the 'pay or we hand you to debt collector/legal action letters'

 

So heres the root of my problem. I feel REALLY uncomfortable about making an agreement with CDCS... I cant put my finger on it but I just dont trust them. Does anyone have any experience of this arm of Barclays? Make sure you are 100% certain that they have a right to be contacting you, if you are not 100% or they cannot. will not prove their status, tell them to go forth

 

Also - they have added interest on to the debt so it is increased by a few hundred pounds. I dont feel I should pay this since I wrote so soon and so dilligently - this has been added while they ignored me.

 

Finally - the loan. Only now - in May - have I started to receive arrears notices on this account! Again, the amount is increased with interest. So far any questions on this account have gone unanswered. I have SSRd this and they dont have a signed agreement but I dont think thats an issue with this loan since I took it out in 08. If you have written to them requesting that they cease interest (and can prove as much) then when it goes to court you will be in a position to prove the underhand manner in which they operate

 

Part of me just wants this all to go to court so I have an end to it all one way or another.

 

Do I pay the £10 per month? How do I get them to sort out the bloody loan too?? I would hold off paying them anything until you are happy that the payments are being paid correctly and against the correct debt, lets say you pay the DCA the £10 a month, what's to say that Barclays will not approach you for the same amount, or more at some future date, can you afford to pay £20, £30 or more a month? let them stew and either agree an arrangement or take you to court

Views? Suggs??

 

Fed up battling these duplicious sods as well as three credit card companies....

 

Anyhelp would be appreciated - ta

 

waterminx

 

Make sure that all correspondence is in writing and all proofs of posting and delivery are obtained, send recorded delivery if poss.

[harrassed senior]

As you (and they, if they would only admit it) realize this is not going anywhere.

 

They know full well that if they do take you to Court, the Judge will only order you to pay what you can afford, and incidentally never send anyone your I & E only a Judge is legally entitled to this.

 

Once you are certain of whom to pay, the write to them and YOU tell them what YOU can afford to pay, and set up a Standing Order, (never give them your banking details) and if you havn't already done so, open another bank account elsewhere.

 

Personally I would put into the offer letter that you will only be paying back what you originally owe, and will not pay any of their Charges.

 

However, having said all that there is another view to this, you can go ahead as above, but this will keep the account 'live' so it will not become statute barred.

 

The second option is to disregard all they send, no more acknowledgements and let them keep harrassing until it becomes SB. You will of course run the risk of being taken to Court, but face that situation as and when it arrives.

 

Only other point to raise is do you own your own home, have a car etc. as I am thinking longterm.

[waterminx]

Wow - thanks guys- ok.... to all the points raised...

 

1. The loan was arranged over the phone - I presume the call was recorded. In actual fact, the girl also asked me to contact the bank and give her a written recommendation! I remember getting a document to sign (just a computer printout) and return but I dont remember signing it. Thing is - they didnt send a signed copy when I SSRd them but thats neither here nor there, nowadays it seems.

2. My correspondence with the complaints dept would indicate that CDCS is part of Barclays - owned in the same way as, say Mercers, or other debt collection agencies. But it isn't a DEPARTMENT - I think its a separate company. Thats why they seem to operate independently of the conversation we are having. The threat is to hand the debt over to an outside agency. However, I have seen this happen with all my credit cards too. I am at stalemate with them, since none can provide an enforceable document. The difference here is that this is an overdraft and I am not at all clear on the law in this regard. (the whole enforceable document thing is a bit more straightforward).

3. I am sure they have barclays backing to contact me - but a 'right' to?? How do I ascertain that??

4. Yes - I intend to write and say I am not prepared to pay back the interest since I wrote nearly 18months ago asking that this be frozen etc..BTW - all letters have been sent recorded and I have proof of delivery - I also wrote this letter about 6 times. All my correspondence concerned both accounts.

5. Frankly - on paper - I can't afford £10 per month! This is what concerns me - the CDCS documentation is typical 'debt collection speak' - which says that THEY will review the payments and so on... It just makes me feel really uncomfortable because the letters I am getting from this complaints department have a completely different tone and say slightly different things. If I agree to pay this money then I am agreeing to the CDCS approach ..... it just feels wrong to me.

Thanks Spamhead

 

HARASSED SENIOR - thanks to you too...

I set up a new bank account (on CAB advice) in december 08 and have arranged to pay this CASH - they have sent a paying in book.

 

Just so I have it clear in my mind... I have not paid anything to either account since january 09 - so am nearly 18months into the 6 year limit. My understanding is that paying them any money will mean that I will reset the clock on this debt - so it would start again should I cease payment(?). Is this why they only just started sending me arrears correspondence about the loan?

 

So - I live on a boat which I own and I have a very knackered old car. I earn approx 750 quid net per month and have never taken a penny in government support. My old mum subs me from time to time. I dont see that my income will improve in the near future at all... the reason why Barclays refused the original offer was that the debts would take forever to pay off - they will - at this rate.

 

Thats why I said I would see them in court. I was hoping that a court would see sense re the interest, and cast some doubt over the morality of that loan. Maybe even write some of this off.

 

I worked in Barclays for 15 years (in the old days) - My old manager would have had me in for a chat WAY before I got myself into trouble! I wouldnt be in this mess if they had proper bank managers like they used to.

 

BTW - I&E - is that Income and Expenditure? - blimey - I have been sending this with every letter! The CAB advised me to!

 

Thanks again both of you...

 

Seems to me that I should just let this ride into SB - make no payments - send no more I&Es. And be prepared to go to court on the matter. Gulp.

 

Cheers

Minx