car2403 -v- Barclays Bank (Default removal)

[car2403]

I've been studying the legalities of the Data Protection Act after reading your thread, and i'm now aware of the significance of the Data Protection Act regarding my own case.

 

PW

 

Glad to be of service.

 

If you want some more info on the Data Protection Act, you might want to visit my O2 thread, which is getting very interesting in that manner;

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/111666-car2403-o2-wescot-dca.html

 

Anything you can share?

[tifo]

excellent car, some of this info is useful for my 's.78 and overdraft' case with HSBC. thanks for the link to this.

[TECHSPEC]

I managed to force NatWest and Lloyds TSB to ammend my credit report. Natwest took 6 months, Lloyds TSB 2 years. But the result is an increase of around 250 points on my credit score, and i'm up to my ears in credit offers.

 

Sadly, the Information Commissioner BACKED both banks and treated me appaulingly. Only the start of court proceedings was enough to make them back down.

 

I also managed to get Experian and Call Credit to remove address links, which i felt were unjustified. The mention of legal action was enough in both cases.

 

Im now about to tackle the police on a DP matter. So if you don't hear from me again, they have locked me up for being cheeky lol.

[emandcole]

Ok, thats another 80 minutes lost on this site !

 

Awesome thread and a great source of info, well done car. If there is any info available on this via PM that'd be great, just to complete the story.

 

So much to do, so little time.

[car2403]

Nope, that's 80 minutes well spent, I'd say

[Cristal]

Thank you so much for directing me to your sensational thread. It reads like a thriller!! Though, I have to admit, I wove in and out of grasping the details and don't pretend to have understood it all. It is impressive and complex. And, more to the point, successful!

 

My situation mirrors yours (but I think my numbers are - shockingly - bigger). I CCA'd Natwest in September re a Loan Account and my Overdraft in Feb. They replied that, while they no longer had my Loan Agreement, it was unenforceable but I should keep paying (doh!). I never had a reply re my Overdraft CCA. Tho, I have to say, I have a letter of T&C's (not under the CCA) sent to me the last time the Overdraft was approved.

 

I have rec'd DN ('Notice served under Sections 76(1) and 98(1) of the CCA 1974') dated 12/08 and a 'Termination' ('in compliance with the CCA 1974 because you have failed to make the required payments') which doesn't appear to be dated, tho it lists payments due in 1/09 (Formal Demand) and a HUGE amount of interest.

 

According to my CRA files as of 3 months ago, there is no reference to either one these 'debts' (I will check again).

 

I have a collection of the usual 'we are disappointed' and 'please send us a cheque for the full amount' letters. THEN I get a letter from Incasso Debt Recovery Solicitors ('Thinking Differently About Debt' is their reassuring motto), stating that they will commence legal proceedings in 14 days unless they hear from me. The amount is now about £3,000 more than that on the Termination Notice.

 

I've written back to Natwest, reminding them they are in breach of responding to my CCA request. I've also sent them an SAR. What I haven't done is respond to Incasso - I think maybe i should send them an 'I am bemused as to why this has been sent to you, as it is in dispute with Natwest and has been since....'

 

I had been with the bank for YEARS and always had an Overdraft that I serviced. Suddenly, I was told I had to convert it into a loan I could not afford - as anyone could tell by looking at my account.

 

I am hopeful that I can defend this (obviously impending) Court Claim. Any advice would be hugely appreciated....I've been a litigant in person 3 times (twice I won and one is caught up in the Test Case scenario) and another Claim was withdrawn after I flied my defence. Now, however, I feel I'm out of my league!!!

 

Thanks in advance for any advice (which may include the suggestion to start my own thread?).

[emandcole]

I had been with the bank for YEARS and always had an Overdraft that I serviced. Suddenly, I was told I had to convert it into a loan I could not afford - as anyone could tell by looking at my account.

 

 

Hi Cristal,

I think it may be worth looking at the fact that an overdraft was converted into a loan. If you'd been servicing the OD for some time with success and then the bank 'helped' you with a loan that you then struggled with you could claim you're the victim of an unfair relationship. The bank doesn't add value to itself with OD's and so likes to change these to fat loans as they do add value to the banks portfolio.

 

This eagerness to 'help' you by actually helping themselves often results in difficulties down the road. Also, did the bank encourage you to enter a greater level of debt than the original OD value? This is another angle to look at and is again unfair. This should get you started anyway, sure others will add their own comments too

[Cristal]

Hi Cristal,

I think it may be worth looking at the fact that an overdraft was converted into a loan. If you'd been servicing the OD for some time with success and then the bank 'helped' you with a loan that you then struggled with you could claim you're the victim of an unfair relationship. The bank doesn't add value to itself with OD's and so likes to change these to fat loans as they do add value to the banks portfolio.

 

This eagerness to 'help' you by actually helping themselves often results in difficulties down the road. Also, did the bank encourage you to enter a greater level of debt than the original OD value? This is another angle to look at and is again unfair. This should get you started anyway, sure others will add their own comments too

 

Hi and thanks for your advice. So sorry if m post was misleading.....my loan and my overdraft were separate accounts. The bank admit they do not have the loan agreement, so that's the end of that.

 

The Overdraft is a different issue - the bank ended it and tried to force me into converting it into a loan, which I could not afford to do. Hence the situation I'm in now!!

 

Again, thanks for your help and sorry that my post was confusing!!

[MRS_P]

Can I please have a pm on the final outcome of this, I have various issues with the halifax and will be using this thread as a guide.

 

Thanks

[car2403]

Can I please have a pm on the final outcome of this, I have various issues with the halifax and will be using this thread as a guide.

 

Thanks

 

You won't get a PM, as we share information on open forum on CAG - not via PM - but now you've posted on the thread, it will appear in your subscriptions to keep track of

[MRS_P]

Hi Car

 

You withdrew your claim but you couldn't say why, I thought you were offering to disclose the details via pm.

 

Doh, anyhow.

 

Halifax withdrew my entire overdraft, leaving me with a debit balance of £3K plus, they then sent me a default notice for the whole amount but terminated before the remedy date.

 

The overdraft changed without any sort of notification to me from 1K to 3K some years ago. I thought they had to write to advise of overdraft incraeses.

 

I'll start a thread

[car2403]

Ok, so I can't disclose via PM as my PM inbox is usually full. I said I'd do that before I was site team, but I didn't realise what that meant at the time

 

This Default is no longer on my CRA file and I am no longer paying anything back to Barclays on either loan nor overdraft. Fact. So, discontinued the claim as nothing left to claim ;)

 

Stick a link to your thread here when you get it up and running

[johnerog]

Excellent thread. Very informative.

[G9mtk]

Hi car, I would like to mirror what many others have said previously and say what a great read this is, many thanks for giving so many others hope and unselfishly sharing your experiences so people like myself have a point of reference when it comes to challenging the banks.

In my own case I have a dispute with hsbc regarding the default of an overdraft but not really too confident of a successful outcome as the test case is now over ref the charges.

 

mick