sarahwarren v Barclays

[sarahwarren]

Saw This Website Last Nite On Tv And Cannot Believe I Haven't Found It Before!

To Cut A Very Long Story Short....

Held Personal Account With Barclays For Over 9 Yrs.

Opened 2 Business Accounts With Them Last Year.

Due To Our 99% Customers Paying By Cheque, Had Our Cheques/direct Debits Bounced Constantly Due To Uncleared Funds.

Charges Unbelievable...many Occassions Of £200+ Charges Per Day.

These Were Despite Having Thousands Pounds In Cheques Waiting To Clear. Vicious Circle.

During February And March This Year, I Realsied That 2 Cheques I Had Written Out For A Member Of Staff Had Been Bounced And Were Subsequently Paid When Represented(not Unusual).

Problem Is That The Money Left My Account But Did Not Go In To Staff's Account.

Have All Records To Prove This + Copies Of Cheques Etc.

Started Cheque Traces And Chased Up Every Day For Around 2 Mths.

After Being Fobbed Off Constantly And Still No Confirmation From Barclays As To Where My Money Was - I Wrote A Letter To Their Complaints Dept.

1st Response - We Are Satisfied He's Been Paid + All Your Charges Are Deserved...please Go Away In Other Words!

Wrote More Letters, Contacted Ombudsman Who Will Not Step In Until Barclays Finsh Their Investigations.

I Then Informed Barclays That I Was Logging A Complaint With The Police And That I Was Seeking Legal Advice.

I Then Switched All My Accounts To Another Bank And Called My Business Manager To Inform Him,say That I Wanted To Clear And Close All But 1 Account.

This Account I Needed Open - Purely To Use As An Account From Which I Could Make My 2 Loan Payments Through Each Month.

I Then Received In Response Default Notices On All Accounts,plus My Personal Loan And My Business Loan.

I Also Received The Same Day,termination Notices On All Accounts.

Panic!!

However,got Advice Immediately And Was Told That They Could Not Do Any Of The Above For The Following Reasons:

 

1) Even To Todays Date, I Am Not 90days In Arrears On Any Loan Payments.

Infact, I Have Only Missed Payments Due To Barclays Closing My Accounts On The Very Date My Next Payments Were Due To Go Out!

 

2) I Have Statements To Prove That I Was Upto Date On My Payments - At Least Until They Closed The Accounts.

 

3) The Reason For Defaulting Me On Both Loans -

Concern Over Long Term Ability To Repay.

 

Firstly, If I Had Ever Missed A Payment - Fine, Be Worried.

If I Didn't Bring Any Arrears Up To Date Within 28 Days - Default Me.

Problem Is That I Did Not Miss Payments So Had No Arrears At That Time.

 

Secondly, On That Completely Unfounded Assumption - People Could In Theory,get £100,000 Loans Approved As One Day They Might Win The Lottery!

 

Their Concern Is Completely Unfounded And Unjustified.

It Damages My Name And Character And My Credit File.

 

All The Above Can Be Proven.

 

I Wrote To Barclays On Receipt And Passed Over Cheques For All The May Payments...this Was On The 11th May.

They Were Closing My Accounts On 18th.

I Informed Them That I Had Not Breached Any Cca Act And Therefore Could Not Be Defaulted.

 

Result? They Would Let Me Know How I Was To Continue Paying My Loan After The Cheques Cleared.

They Did But No Letter Either Admitting Their Errors (like That Would Happen!) Or Giving Me The Facilities Needed For Me To Meet My Loan Repayments.

 

Instead...they Have Sent Me To Debt Recovery Over Loans That Were Being Paid And Had No Arrears.

 

I Am Now Being Charged Further Extortionate Daily Charges (over £15 Per Day!) On Top Of My Usual Interest.

 

Have Written Back Again,last Night,one Last Attempt To Get Them To Remove All Defaults Etc From Credit File And To Remove All Charges And Penalties I Have Incurred From These Events.

 

All I Want Is To Leave Barclays, Close My Accounts But To Be Able To Continue Paying My Loan...just From A Different Bank Account.

 

Now I Have Severe Credit Problems And Still No Answers To Any Of My Questions.

 

After Seeing The Tv Last Nite, I Today Sent Off The Dpa Letter For All Accounts.

I Am Now Going To Fight To Get All My Charges Back.

I Know My Charges For The 10 Months I Held My Business Accounts With Barclays Are In The Region Of £10,000 Plus.

 

I Will Keep You Informed When/if I Get A Response As No Doubt Help Will Be Required In Order To Go Down This Route...especially With Such A High Amount Involved.

Anyone Else Claiming Around This Amount?

 

I Would Welcome Any Advice On The Current Default Situation As Despite Having Fought Them Well Up To Now, I Can See This Getting Very Complicated From Now On.

 

Any Legal Advice Ie On Where I Stand Etc Would Be Of Great Value.

As I Said, I Have Copies Of All Documents And Letters To Prove The Above. I Have Been Told I Have The Ammunition...i Just Need Advice On How To Finally Win This War!!!!

 

Regards And Apologies For The Above Novel!!!

 

Sarah.

[Spiceskull]

Hi and welcome to the forums.

 

Phew...what a lot of hassle you have been put through. It seems from all you say that what the bank have been guilty of most of all is giving you the run around, and they would certainly appear to have been more than obstructive.

 

You are doing the right thing by making a Data Protection Act request first - without this it will be very difficult to put any figures down and calculate what has happened, when and where. Additionally, once you receive this information, you will also be able to make assessments on each and every one of your accounts.

 

It is clear that you have a few, and therefore you may well have three or four claim threads running concurrently. Additionally you have issues of credit ratings and debt recovery to deal with.

 

Best thing I would suggest for now is to take a breather, and have a good look around the forums. Pay particular attention to the FAQs, and also to threads dealing with credit files and debt recovery agencies. There are also some different rules of engagement when dealing with business accounts, so you may wish to familiarise yourself in this area too.

 

The important thing to remember is that you are now among people who have experienced similar things to you, and they will be able to help and advise you. However, your claim/s are going to take more than a few weeks to be resolved, and it is best to take it one step at a time.

 

Good luck, and keep us posted on your DPA request, and don't be scared to ask questions as and when they arise.

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

[Pezboy]

Follow the usual procedure, as listed in the FAQ

 

I will add, I work for Barclays, and I'm here to help. But it is 100% impossible to earn £200 of charges in a single day, could you give me a breakdown how that happened?

 

I agree that the charges are unjust, and I too am claiming money from another bank

 

But a note, almost all banks require cheques to be clear before you draw on them. So do not write cheques from your account, without having the cleared funds

 

Best of luck with the claim

[sarahwarren]

Sorry To Prove You Wrong But On 28th November 2005, I Received £270 Charges In One Day.

 

(this I Believe To Be My Record Whilst Banking With Barclays.)

 

I Would Be Grateful If You Can Tell Me Your Reason(s) For Stating That It's 100% Impossible To Get That Amount Of Charges In A Single Day?

 

I Have Numerous Statements To Back This Statement Over The Amount Of Charges I Received Up.

I Put In A Complaint To Head Office Over This Also -along With A Complaint Over The Error They Also Put On My Account On The Very Same Day.

 

I Have In My Possession A Letter From Your Complaints Dept That Replys To My Letter Stating They Uphold Charges - Despite The Error.

 

Also, Just To Clarify - I Do Not Intentionally Write Cheques Out Knowing That I Have No Funds In The Bank.

 

I Would Also Like To Point Out That Losing £200+ In Charges That You Were Not Expecting Does Make It Nearly Impossible To Keep Tabs On What Will Be Paid And When - As I Am Sure That People Who Get Caught In The Charges Trap Are Fully Aware Of.

 

It Was Not Purely Cheques That The Charges Were For - Most Were For Direct Debits And Standing Orders...usual Within A Company Bank Account.

 

For Example:

 

When You Set Up A Direct Debit You Chose A Date For That To Go Out On.

 

I Cannot Be 100% Sure That I Will Receive Payment (cheque From A Customer)which Will Cover The D/d Amount 4/5 Days Before Each D/d Is Due To Go Out.

This I Accept As The Part Of The Nature Of The Business I Am In -

Last Minute Confirmations But Also Last Minute Alterations Concerning Dates Etc.

 

Also, Depending On Which Bank My Customers Bank With - It Is Virtually Impossible To Know Which Cheques Will Clear On Which Days.

 

I Am Unable To Move Each D/d Every Month To Coinside With A Certain Customers Payment - Partly As I Am Not Always Aware Until A Week Before Who Will Be Paying What And When And Partly Because It Cannot Physically Be Done When Some Companies Take Over 6 Weeks To Set Up D/d's In The First Place.

 

 

However, I Have Now Moved To A Bank That Does Take Into Account The Cheques That Are "uncleared".

 

I Explained The Above To Them And They Were More Than Happy To Help.

They Will And Do Not Return Any Form Of Outward Payments I Have Made/set Up - When I Have Amounts Clearing Within My Account.

 

I Have Not Received Any Charges Since Moving My Accounts To Them.

 

Which Is Absolutely Fantastic But Took A Bit Of Getting Used To

At First!

 

Which Area Of Barclays Do You Work Within If You Don't Mind Me Asking?

 

 

Sarah

[caro]

We were with Barclays years ago and had similar problems, although not on such a huge scale. My husband is self employed and I think that was the heart of the problem. Barclays were particularly unsympathetic to small business people.

 

Not sure why you can't pay your loans from another account.

 

Take note of Spiceskulls excellent advice. Please don't tell him I said that though or his head might get too big.

[sarahwarren]

THANK YOU FOR YOUR REPLY!

 

I HAVE EXACTLY THE SAME OPINION THAT BEING SELF-EMPLOYED AND OWNING A SMALL BUSINESS DOES SEEM TO CAUSE PROBLEMS AT BARCLAYS!

 

I AM CURRENTLY SEARCHING THE SITE AS ADVISED BY SPICESKULL FOR ALL RELATED INFO...HAVE TO ADMIT,IT'S A BIGGER TASK THAN I FIRST THOUGHT!

 

FEEL AS THOUGH I MAY BE BUGGING HIM IN THE NOT TOO DISTANT FUTURE FOR ADVICE AND THERAPY!!!

 

I (ALONG WITH EVERYONE ELSE THAT I HAVE CONSULTED OVER THIS SITUATION) AM ALSO AT A LOSS AS TO WHY THEY WON'T ACCEPT PAYMENT FROM ELSEWHERE.

 

SUGGESTIONS SO FAR HAVE BEEN:

 

THAT DUE TO THE MISSING CHEQUES ISSUE AND MY COMPLAINTS WITH VARIOUS BODIES, BARCLAYS WANT TO SCARE ME OFF

 

OR

 

THERE IS AN ISSUE WITH THE ALARMINGLY HIGH AMOUNTS OF CHARGES ON MY ACCOUNT THAT I AM/WAS UNAWARE OF.

POSSIBLY THERE IS A LIMIT ON HOW MUCH THEY CAN CHARGE DAILY/WEEKLY/MONTHLY AND THEY HAVE GONE OVER THIS THRESHOLD AND KNOW IT?

 

WHO KNOWS?!!!

 

ALL I WANTED TO DO WAS PAY MY LOAN...NOW I WANT MY CHARGES BACK!!!!

THEY SHOULD HAVE LET ME PAY QUITE HAPPILY - IT WOULD HAVE SAVED THEM SO MUCH TIME AND TROUBLE!!! :D

[Spiceskull]

FEEL AS THOUGH I MAY BE BUGGING HIM IN THE NOT TOO DISTANT FUTURE FOR ADVICE AND THERAPY!!!

Hi Sarah,

 

You won't be bugging - we are all here to help. However, I would suggest a bit of reading first, then the questions you need to ask will be clearer.

 

I will try and dig out a couple of relevant threads for you tomorrow, especially ones that have gone the distance. As you can imagine, it has been busy round here recently...

Please don't tell him I said that though or his head might get too big

Too late - it just went Pop!

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

[caro]

It is a big job looking at this site, which is why the mods generally suggest taking a couple of days to check it out. Look at the FAQ's. Look at the step by step instructions. Look at the Barclays forum.

 

I know it seems a huge task, but my favourite saying when confronted with a big problem - bite size pieces. Just keep nibbling away and it will become more manageable and (hopefully) disappear.

[mahala]

I have a loan with Barclays and when I moved my bank account away from them last year, having finally had enough of their appalling service, I moved the standing order for my loan payment to a new bank as well. I've never had a problem from them on that score - so I can't understand why htye're making it a problem for you? Mind you, Barclays have always been a law unto themselves haven't they?

[caro]

Too bloody true!

[sarahwarren]

Hi again!

 

Did alot of homework last night and found many items that were really useful - so thanks!!!!

 

Was also v.glad to see that all the steps that I have taken so far in fighting Barclays (before finding this site!) were exactly the same as you advise....at least something is going right!!!

 

Just waiting for the exact amount of charges to be revealed now!!! :o

 

However, I do have a couple of questions that I hope someone can help with?

 

On the site there is a form / letter that requests an investigation through Data Protection Act if you have had a default registered against you as a result of charges being applied to an account which then lead to arrears etc.

 

What do I do on this one ?

Can I do anything?

(as they have defaulted 3 accounts and 2 loans in my case - but I did not aquire arrears or similar.)

 

The 1st account (personal) was in the overdraft but below my overdraft limit so was not exceeding any limit and therefore should not have been causing concern.

Regular payments in to this account were also common - on a weekly basis - so it wasn't as if I wasn't using the account.

 

The 2nd and 3rd accounts had amounts on them that I cleared completely with no arrears or outstanding balances left on them due to the fact that I settled them precisely for the reason of closing them as I had moved banks.

 

Both my loans had no arrears on them at all - even when they issued the default notices they were 100% fine.

I had received no default notices before - obviously due to me paying each

month - hence not having arrears.

The missed payment/s have only now happened within the last few weeks due to them refusing to let me pay my loan from elsewhere and closing my accounts - deliberately preventing me from paying my usual monthly amounts as before.

 

The reason for both loan defaults was "concern over long term ability to repay".

 

As I had no arrears at this point, I do not see that they can use this reasoning.

Is this correct and does anyone know under what circumstances this would be a just cause for default?

 

Also, as I have now moved banks, I am saving a fortune per month in charges alone!

I reckon that I have atleast an additional £1000 per month in my accounts now due to not giving this amount to Barclays in charges!!!

Surely this means that I am better off and even more likely to be able to pay off my loans than when I banked with Barclays!!!!

 

Can I then start an investigation over all my defaults etc to argue that they were issued against me wrongfully and get them removed / my credit file back to how it was a couple of months ago etc?

If so, what grounds etc do I do this under?

 

Also,is it legal for them to send my loans to debt recovery (through which I incurr around £15 interest daily on top!) when firstly I was not in arrears and secondly,that despite them approving the loan a year ago and my good payment record so far (until they closed accounts on me last month) - Is it legal to demand the whole amounts + interest back immediately....in case one day I might not be able to pay?

 

From this they are saying that they are concerned that I might not be able to pay the relatively small amounts monthly.

Instead, they want me to pay back the full amounts owed (plus interest)within less than a month!

With daily charges put on until it is paid in full - it seems their "concern" will cost me very dearly.

 

I have requested twice now that they explain their reasoning for all and remove completely all defaults / penalties / further charges etc in their entirety.

Posted 2nd letter yesterday am so awaiting reply.

 

Also, from reading a message posted in response to me yesterday from someone who actually works for Barclays - he claimed it was 100% impossible to get over £200+ in charges a day. (Which I have had and have evidence of!)

 

Does this statement mean that there is an actual limit on how much banks can charge - per day or per month?

 

If anyone knows what the limits are - especially concerning business accounts - can you please let me know?

 

Many thanks,

Sarah

(My mind is working overtime now!)

[Spiceskull]

Hi Sarah,

 

There are many issues regarding default judgments on your credit ratings, and whilst this is a serious issue, they will be dealt with in the fullness of time.

• Step one is you Data Protection Act request - if you have followed the template from the library you should receive notes regrding defaults. If they say that none exist, then you need to take them at their word.

However, and for peace of mind, you can log onto the Experian website (www,experian.co.uk) and request a FULL disclosure to clear up any doubts you may have.

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

[sarahwarren]

Hi Guys!

 

Quick update as Mr Spiceskull requested.

 

Had huge developments on all issues which have kept both myself and Spicey very busy bee's!!!! ;-)

 

I've not been skiving nor had I given up - I can assure you!!!!

 

 

 

After a great deal of blood, sweat and tears - lots and lots of them!!! - the current situation is this:

 

 

3 x DPA for 3 seperate accounts delivered by hand into branch - 13th June 06.

 

1 x Preliminary letter for estimated amount of charges within 1 account delivered by hand in branch - 13th June 06.

 

Additional letter concerning ongoing dispute delivered by hand - 13th June 06.

 

 

DPA request fulfilled, statements for 5 x accounts received - 14th June 06:eek:

 

 

Settlement Offer of £1000 infull and final settlement of charges and complaint received - 14th June 06.

 

 

 

Will keep my thread updated as and when ...but I have lots going on at the minute so am pretty short of time!

 

KEEP GOING EVERYBODY!!!!

 

Sarah

[Spiceskull]

 

 

 

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

 

 

[caro]

Can we safely assume that you have declined their kind offer. Looks like you have managed to render Spiceskull speechless:D

[Spiceskull]

More work to do yet - my grin was down to the timings - Data Protection Act fulfilled and an offer within less than 48 hours...

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

[Guy]

Hi Sarah,

 

Only just caught your thread. Just a couple of things that i would be looking at as well in your position (time permitting)

 

1. Start logging the time you are having to spend resolving these issue. Invoice barcays for that time. Eventually they will be forced to settle in one form or another and when they do you have a very reasonable argument for the invoices you have given them and they will have to pay. If not you can start proceedings against them. Show them that you know your rights and will not roll over.

2. If they have sent your loans to debt collection then you are by now in dispute over these loans. Advise them that you will pay them say £25 a month and thats it, due to the financial pressures their actions have put on you,untill the dispute is resolved. THey cannot issue a default when in dispute and if they do you can have it removed. threaten this VERY PUBLICLY. You can show a court that you have made an offer to pay regularly so are being reasonable.

3. Publicity is always a good threat.

 

My partner has a small business with Barclays. They will not give her an overdraft and the card machine (also barclays) holds ALL card payments for 30 days. 90% of her business is done on cards. She currently has £53 in th bank and £1500 being held. They know she has suppliers screaming for money and threatening to close her account with them but she cant get HER money to pay them. If they don't work something out by Monday there will be story in the local papers next week.

 

They don't think that we little people will take them on but we are a stubborn bunch:p

[sarahwarren]

Hi Guys!!!!

 

Thanks for all the replies and advice!!!

 

 

Can assure you that I will keep you all posted on developements as soon as I can - time allowing!!!

 

Hear what you say with regards to noting all the hours I have spent sorting this out....think I will get all my other issues resolved first - and then look at everything else!!!!

 

Plus I think Mr Spicey would rather like a little time off from me before I start to open another can of worms!!!

 

Mr Spice - I am going out tonight to get rather drunk and hopefully have the first proper nights sleep that Ive had in months....even if some would class it as passing out!!!

 

I will log on tomorrow and check my messages to see what plans lie ahead!!!;-)

(Please type quietly as I will probably have a bit of a headache!!!!!!!)

 

Speak soon!

 

Sarah

[caro]

More work to do yet - my grin was down to the timings - DPA fulfilled and an offer within less than 48 hours...

 

Bloomin' heck, that was fast. How was that done? At the risk of hijacking Sarah's thread, I am being inspired to have a go at Barclays when I have got my current batch of claims finished, and tackled LTSB for my hubby. It must be about 7 years since we moved on from Barclays, but I am pretty sure we have some statements amongst the business records in the loft, and have definitely got the business accounts so will be able to do quite reasonable estimates of charges. Then I can have a go at testing the 6 year statute of limitations. We might even get out of debt at this rate.

 

Plink Plink Fizzzzz

 

Sorry Sarah - that was the Alka Salza for the hangover. :grin:

[sarahwarren]

Hi!

 

 

Thanks Caro for the sympathy -

 

But I feel it is not deserved .....unfortunately there is no hangover.... I fell asleep on the sofa after putting the kiddies to bed!!!! :o

 

Woke up around 10pm and then ofcourse wasn't tired anymore!

 

So I stayed up and totalled up all my charges, using the complete set of printouts that they sent me!

 

How's that for a crazy night out / in!!!!

 

Oh well - atleast I tried!!!!!

 

Sarah

[caro]

Oh Sarah you've let the side down. You've become as sad as me. Still at least the time was well spent finding out how much you are owed. When you get your money back you can really party!!!!!

[Spiceskull]

Hi Sarah,

 

Just a quick post to let you know I received both your PMs. Today is kiddy time, so will not be likely to respond tonight, but both the issue of the offer, and the other issues regarding cheques - we can deal with them some time tomorrow...and once dealt with it can go on this thread...

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

[Spiceskull]

Hi Sarah,

 

Any response yet to your letters?

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[sarahwarren]

Hi Guys!

 

NO REPLY YET SPICEY!!!

Think they must still be deep in thought!!!

 

 

Just a quick update on progress -

LBA sent of Tuesday eve for £8744.70.

 

Waiting for Postman....should hear before Monday, so in theory a letter should be on it's way - not holding too much breath though!

 

 

Spiceskull - Aplogies for absence...will explain in PM to follow.

 

Sarah.

[sarahwarren]

Hi everyone!

 

Quick update to keep you all informed.......

 

Last monday my LBA expired so I made one last attempt to settle this and my complaint out of court.

 

Unfortunately, but not too surprisingly, the person I needed to speak with was away for week on annual leave....despite him writing to me 4 days before saying if I wanted to discuss anything call him!

Did eventually get through to his collegue who, within 5 mins, said their offer of £1,500 was final. No surprises there!

 

Tried to contact the same employee this morning(who is supposedly back from his hols), but only got voicemail. Left message stating that I will be filing at 2pm if I don't hear back froim you beforehand.

 

No calls at all, so.............

 

 

CLAIM FILED TODAY =

 

£9,457.75

(inc.£250 court costs!)

 

Let's see what happens now!!!!

Have emailed you direct Spice with all details..........

 

Will keep you all informed as it happens!

 

Sarah