please help with barclays bank -default on joint account

[FMZ]

Hi

 

My friend has a problem with Barclays and is getting nowhere. He had a joint account with his partner opened in 2004. They moved house in 2005 and his partner notified Barclays and all bank statements went to their new address from that date onwards. (they had a postal redirect on for a year from the old address to the new address).

 

In 2009 his partner was made bankrupt and her solicitor notified Barclays etc. The account was overdrawn when his partner went bankrupt by about £500. They thought the debt was covered by the bankruptcy, their advisors didnt give them any advice otherwise so they thought this was the end of the matter. The last they heard was that Barlcays wrote to his partner to say that the account was closed and to tear up the card. He didnt hear anything at all and forgot all about it.

 

They now want to buy a house and got a copy of the credit report and to their surprise found a default registered by Barclays against my friend. When they rang Barclays, they initially refused to speak to him as he couldnt remember the security questions. When he queried why nobody had written to him they said they were writing to the original address. He said they had changed the address on the account as evidenced by the fact that they had been getting bank statements to the address they have lived in since 2005. The bank has said they had to write to the old address as my friend never gave them his new address and that they sent the bank statements to their current address only on the request of his partner ??????? The account was a joint one but they could withdraw on one signature so that doesn't make sense.

 

They are not disputing they owe money but they dont think they should have to pay excess charges and they would like the default removed as they couldn't action anything if they weren't aware of any correspondence.

 

They have made an official complaint by visiting the bank manager in the local branch but now everyone they speak to has a different story to say and tell them they owe a different amount.

 

I have suggested, following advice on here , that they should be doing everything in writing. but they are worried as one staff member said that the debt was being sold on. They had so much hassle before his partner went bankrupt they cannot face going through that again.

 

I suggested they do a SAR to get copies of all correspondence. I also said that I thought the bank cant sell on the debt if it is in dispute but my friends are now very worried.

 

Can anyone help please? I have already told them to come in here and post

[rebel11]

Hi FMZ

 

Thread moved.

[FMZ]

oops sorry

[citizenB]

Your friend would do better to write to the Bank at their Head Office address. Head the letter - Official Complaint"

 

They will have 8 weeks to address the issues if not then you will be able to take the complaint to the Financial Ombudsman.

 

Telephoning is a waste of time, unless you can record the calls. Plus of course you will end up speaking to everyone including the tealady, none of whom will keep any record of the conversations.

[FMZ]

thanks CitizenB - do you know if writing to Barclays is enough to stop them selling the debt on?

[citizenB]

Whilst there is an official complaint in progress, they shouldnt pass the account to a DCA.

 

As this is Barclayshark we are talking about, they might just hand it over to their "inhouse" DCA - Mercers.

 

Please be aware that Mercers are Barclaycard t/as Mercers.. the same company.

 

There is a difference between passing on an account to a DCA for collection/intimidation and assigning ownership of the account to another company

[FMZ]

Thank you very much again Citizen B - I will tell my friends to do what you suggest.

 

All the best

[rebel11]

Have a read of number 7 in my signature.

[FMZ]

rebel - the link about full and final settlement doesnt work - leads to an invalid page

[rebel11]

I believe the author is adding to it, it will be up and running soon.

 

rebel - the link about full and final settlement doesnt work - leads to an invalid page

[FMZ]

Thanks as I may need that info myself lol.

[IMPCIM]

Hi,

 

I am the friend FMZ refers to and further to detail FMZ posted.

 

Thanks for all the advice thus far, but I must be very naive as I have been in contact by phone from the pretty much the outset as I have called the numbers given to me by Barclays.

I do have an official complaint already lodged, by the Bank Manager of my local branch, about the fact that I was never informed of the debt that was owed at the time of my partner's bankruptcy. The Bank Manager also texted me the number for Barclays Recovery Dept to call.

My dispute is not been about money being owed, which I would have addressed at the time and still want to, rather that I only found out about it by viewing my credit report.

Barclays Recovery Dept told me that the debt was being sold on and I asked that that be stopped as I had registered a complaint and was now in communication with them but apparently once the process that started it can't be stopped !

I have spoken with the Complaints Dept about 3 time already and was planning to call tomorrow but advice seems to be to only communicate by letter from here on in?

I feel I need to call tomorrow to stop the complaint being closed automatically and then what is the best course of action?

 

Do I need to send them an Official Complaint or SAR or .....?

 

All advice gratefully received.

Thanks

Edited August 7, 2011 by IMPCIM
moved my mouse and accidently posted

[IMPCIM]

Hi,

Since my post above I have rechecked my credit score and tonight it seems to be an amazing 999!

The Barclays default is not there anymore and also they now show my proper address along with my previous addresses.

 

What is your advice on how I move this on from here? There is an amount owing that I am willing to pay off, but not the excess charges made on the amount, the amount has nearly tripled, which are due to them sending correspondence to the wrong address.

 

Do I sit tight and do nothing in the hope that all has been resolved and if it hasn't the debt gets sold on?

Do I allow the existing compliant to expire without further contact?

Do I continue with existing complaint using written correspondence only?

Do I immediately revert to the SAR approach?

Do I apply for a new credit card whilst my credit score is sky high?

 

Thanks

Edited August 8, 2011 by IMPCIM

[citizenB]

You can reclaim any charges that have been made on the account.

 

The reason we advise contact in writing only, unless of course you can record the calls you make, is that the recollection of what has been said will differ greatly.

 

It does seem a bit odd that the CR file has been amended and no one from B/Shark has responded to your complaint.

 

There is no harm in making a Subject Access request, at least you will have some idea of what has been happening with the account.