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This is a long standing problem with both companies and I hope someboady on here can offer some help.
Several years ago my wife, who is an additional cardholder, run up a large amount of debt on my barclaycard account through cash withdrawals and credit card cheques - they insisted I was liable and even though I was told at the time that only the account holder could sign the cheques I took out a Barclays load to clear the 10,000 debt and requested no more cheques or cash withdrawals be accepted on the account which they said would be done.
3 years later I discovered the same had happened again and contacted barclaycard for an explanation why, but just got the same response
- you are responsible
- don't pay and be blacklisted
- legal action will be taken if you don't pay.
Again I went to Barclays, complained and arranged another loan, only to be told that my wife had already pre-arranged it and that my existing loan, that I did not know about was been added to it. Even though I told the personal banker that I did not have a loan, she persuaded me to take the loan out to save having to have my wife arrested. Now I owed them 18,000
Again I was given assurances this could not happen again, but it did 2 years later for another 7,000 and again more apologies and assurances it could never happen again.
This time the 25,000 loan was only issued when they took my wifes income into account and she agreed to automatically transfer 50% of the monthly repayment into my account to repay the loan. I explained that I would not sign for the loan without this assurance. The personal banker assured me this would be arranged, but it never was and my wife paid maybe half the payments she agreed to and Barclays will not do anything about it as the loan is in my name and not my wifes. This was the suggestion of the personal banker as she said if it had been in joint names it would probably have been refused as my wife had other debt.
I found out that the accounts were being used again by accident 2 years ago, and informed Barclaycard who froze the accounts with only £200 owed. Unfortunately when the cards expired new cards were issued (on a frozen account) and the account re-activated ( asked why, just told sorry just an automatic thing on card expiry). Well thinking all her christmas's had come at once me wife then run up a further 16,000 on the cards. I complained and they threatened the same
- I am responsible
- bad credit record
- legal action if you don't pay
- our mistake but tough luck - you have to pay for it
I have now spent 2 years arguing with them, am blacklisted for credit, have £200 per month to live on for clothing, petrol (270 miles a week at 35 mpg) and food for a family of 4 and Barclays and Barclaycard say they can do nothing to help and insist I keep paying up but I can't afford it.
What if anything can I do to resolve this.
I am now desperate and cannot face waking up to this situation day after day and see no way out.
Firstly, do you still have the barclaycard account? if so, I suggest you cut up the cards and don't use it ever again. Definitely remove your wife as an additional cardholder and cancel her current card, cut it up, that way she would not be able to keep running up debts. Unfortunately although it seems it was their mistake it was actually your wife who spent the money, she is an additional cardholder on your account, so at the end of the day thats the way they'll look at it - that you are responsible.
You say you only have £200 per month to live on - I don't want to be personal here but is your wife working? And is she contributing to any of this debt? which has been of her making, after all. No offence intended here.
On a more positive note, I presume there are late payment/penalty charges on the Barclaycard account? If so, you should set about reclaiming these, the OFT test case has nothing to do with credit cards so you would be able to get the charges back, thus reducing the barclaycard debt. If you have statements, use on of the spreadsheets on here to calculate the charges, and send this off with an Preliminary letter. If not, you need to do an SAR to barclaycard, with a cheque for £10, in order to get copies of statements and any info they have on the card account.
If their have been charges on your bank account you could also get this under way, but nothing will happen on those till the OFt test case is resolved, although you could send a Prelim letter to register your case with them.
I'm sure there are more things you could be doing but I'm not too up on debt management Plans etc, I'm sure someone will turn up soon who is though, with more advice.
I think u may find it is to late to have your case considered in the test case as the test case is due in court next month. I know this as my Father in Law is part of the test case and has been informed in writing about it.
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
The accounts are as closed as they can be. Barclaycard refuse to close them completely until they are cleared in full, but has said, as I know they have many times before, the accounts can no longer be used.
My wife does not work and has no income.
I have enquired with 2 debt management companies and been told my only option is Bankruptcy. Obviously this is a big step as it would mean returning my car, which is on 0% HP from the manufacturer, meaning I had no way to get to work and back (>30 miles a day by motorway), and no savings to replace the car with. This would only compound the problem.
I was told an IVA would be opposed by Barclays, and since you need 2/3 or the creditors to agree to the IVA then there is 1 Halifax account, 2 Barclaycard accounts, 1 Barclays loan, so they are 75% of the debt themselves so it is in their interests not to agree to an IVA.
you could always start a CCCS dmp despite what they say.
You can make the payments threw them and any action they do take with the courts would look good as you are making payments that you can afford to the each month.
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
I think a visit to your local CAB should be considered. The debt councilor will advise on preparing budget sheets to send to your creditors as well has prioritizing your payments. In the meantime i would certainly send a sec 77-78 request off to Barclay card including a S.A.R - (Subject access request). Most importantly you've taken the first step to being able to enjoy life again. I've been there, it will get better.