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Ms Angry

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  1. Some clarification, if that would help - Mortgage Current Account and Mortgage Reserve account are two separate accounts, with separate account numbers, and separate statements. (I hope that at least this makes the situation a bit easier) The outcome I am looking for (I need help for the wordings please) - I want my name, as well as the main mortgage, off this debt (withdrawn reserve account). I did "shout" as soon as I spotted the transaction. It is not my fault there was a problem in the system of the Bank! It is not my fault that the Bank's procedure for starting an investigation was 8 weeks after the incident. This is ridiculous! I want (need to!) to re-mortgage but I am not prepared (why should I be?) to absorb the withdrawn by Mr amount and interest. I have made a few attempts to find out what actions is the bank taking to retrieve the money from Mr. No success. Data Protection is the excuse. I fear it is lack of any action. Bank is relying on having this account (Reserve) secured to the main mortgage, and I doubt they are doing ANYTHING to retrieve the money from Mr. The Bank has made a mistake! Should bear the consequences if cannot rectify it! (Do we live in the Wild West!) You see from Barclays 2018 letter that the mortgage period is finishing on 16 July 2023. I am still paying the interest amount only, as now again the other party's agreement is required to convert it back to repayment. Mr has not contributed anything (I mean "positive") towards the mortgage re-payments. Will it help, or will it bring even more confusion, if I remind you that I have already been to a Re-possession hearing? In 2008, as a result of built up arrears, the Bank's system had automatically issued Re-possession proceedings. (As suggested by and agreed with the bank, I was paying regularly some £600 per month. The bank was willing, but Mr was refusing to agree, to switch temporarily to "interest only" option. Arrears were built up by the difference between what I was paying and what was originally agreed.) The Bank had omitted/forgotten/thought was unnecessary to inform their counsel about the letter dated February 2008. It appeared to be a turning point. The Judge took it into account. He ordered me paying £32-£34 (I don't remember the exact amount) towards the arrears (of about £8,000) and dismissed the Proceedings. ( I have repaid the remaining arrears in full later on as soon as I had available funds).
  2. Many thanks for your replies, BankFodder and BzzaS To clarify if still in any doubt, "Mortgage Reserve Account" as BankFodder explains, was additional borrowing facility, linked to the mortgage. The original Mortgage offer was more that we needed for the purchase of the property, and we were offered that facility. Of course, we accepted it, as it was a ready waiting loan at mortgage interest lavel rates. Another point to clarify - I am not oposing in any way my liability to the main mortgage. But I DO to those £24,410 and intailed interest. The Bank did not gave them to me, despite the difficult situation I was in, not by choice! The separation was as a result of domestic violence! Bank "honered" Mr's instructions to freeze the account (the additional borrowing facility, not to be used for the sole purpose of avoiding mortgage arreas while divorce proceedings are in process). Then, the Bank "allowed" him, without my consent!!!, to withdraw the whole fund for his personal use. I did not go to the Ombudsman, as I was assured by anyone who saw the letter dated February 2008, that I will not be persued for that debt. At that time I was living on 2-3 hours sleep (if I managed to "steel" 4 hours, that was a luxury!) I did not have time for the Ombudsman! I had to deal with Contact Hearings, CAFCAS, Magistrate Court, International Family law, to look after a 2-3 year old child on my own, to go to work... I did take the £300 bonbons. That was Christmas for me and my son! We were living on £7-£8 per week for food, as all I earned went for bills I do apologise but I have to take a break I am sorry I will be back later
  3. Hi Sorry for the delay. Here are the main letters in regards with my problem with Barclays. MsAngry Barclays.pdf
  4. Quick one Re: FOS I have not been to FOS as I feared it would be a waste of time. I cannot imagine how they can be unbiased if they are financially supported by the financial institutions! Even if I had to ignore that, no personal offense to anyone, considering the targets they have to meet, what I have read about the way they have to deal with most cases, the expertise available and so on, I decided against it. But to go through the Court Route. I will look at the last few replies properly tonight as I have to go now. BTW, is that the right way to reply to the posts on my treat? Don't I clutter the forum? Please let me know if I should post using a different option. I am not versed forums user. I have not forgotten the banks letter. I realised I will not be able to PM until I do 30 posts, or was it 50?
  5. Hi BankFodder, Re: post 7 of yesterday 19:16 I note the criticism and apologise. I was unable to log into the forum for some time. All started in 2007. Separation 27 January; I informed Barclays bank, they flagged the Mortgage accounts with "marital dispute" (or at least they were saying so); End of March/beginning of April 2007 - I agreed with the bank (their suggestion) to transfer funds from Reserve account to Main Mortgage account to avoid mortgage arrears. 18/04/2007 - Woolwich (mortgage originally taken from Barclays around July 2003) writes to me that my-ex (joint account) had requested the account to be "frozen". 22/11/2007 - somehow my-ex (the same one that froze the account!) manages to transfer £24,410 from same "frozen" account to one of his personal accounts 14/02/2008 - after complaints, phone calls, chasing up and more chasing up I receive a letter from Barclays stating "In regards to any future pursuance of the debt, the Bank has taken the view that Mr X will solely be liable for the additional monies of £24,140 and the ensuing interest". I was never been given details of how they have pursued him for the debt. The debt does not seem to get repaid. I receive letters with outstanding balances. The bank took us to court for re-possession but only I went to defend (he even did not turn up). I cannot think of re-mortgaging until the Reserve account is repaid. I can supply with PDFs but I have to cover the personal details, don't I? I have to work out how to do that first () I thought of BCOBS because I read online about it. I am sinking and I am grabbing any straw I see on my way! I did not consider Small Claims claim because the amount is more than £5,000. I have requested a few time Barclays Code of Conduct, to study duly and see what I can use for a suit. Can you guess whether I have received a copy? About solicitors... You better not hear what I really think! And, no matter how much I despise it, I have to go back and work on it. (I have organised to work part-time for a few months in order to spend time on sorting out this mess!) I appreciate the help!
  6. Hi BazzaS Thank you for your post. A friend (who had done it in the past for a different type of proceedings though) suggested I go to see a Judge of the Day as my only option to be heard. And since I did not know what else to do... I intend to follow CAG advice now.
  7. Hi Thank you for the address and apologies that I look like wasting other people's time. I DO appreciate the help and concern. For some reason, I am unable to log into the forum on an iOS device, and only yesterday I managed to sit at my PC. To the point now - I had decided on Court Proceedings as I felt it as a last recourse of action. It has been more than ten (10!) years and hundreds of telephone calls, letters, visits to local branches etc. I gave up having any dealings with the bank when I went last time to Barclays Ruislip branch, asking to see the manager for explanation on the figures of the mortgage statement that I had received. A bank officer could not arrange an appointment for me but she tried to convince me that the "minus" balance on my main mortgage account is what I owe (I have not changed the Standing Order, and since the interest rates have changed, I have been paying more than the monthly payments required). She began mumbling when I asked, "Does the £15k giving positive figure on the Reserve account balance mean that the bank owes to me £15k then! (I would not have minded that but unfortunately the reality is different)". I went to the bank on that instance to ask about that £15k balance. On line the account shows £41+k overdrawn, actual amount withdrawn is £24,410, £15k cannot be the interest only. There must be some other charges probably, which I wanted to find out about. I had tried phoning when I received that statement but with initial automated options for vetting your enquiry and after almost 1 1/2 hours on the phone, I gave up and had decided on speaking to someone in person. I hope the SAR will shed some light on the balances as well now! As to solicitors fees and quality/quantity of work they would do - I am painfully aware of all that by experience!!! For the reason, I am Googling my problem, I am talking to whoever (colleagues, friend, friends of friends...) I may think have had similar experience, and that's how I got to CAG, and that's how a friend suggested seeing a Judge of the Day (can be done only in High Court). I am very grateful for the information you provided me with. Regards.
  8. Hi slick132 Thank you for welcoming me and for your advice. I will do the SAR, while I am looking for pro bono advice on how to put my case for the County Court. (A friend suggested to go to High Court and see the Judge of the Day, as my claim is not for the Small Claims Court). I have been to the local County Court but unless I have a Court Hearing on the day, I cannot pass the security even. There is no one to talk to or seek and advice from! I was thinking of suggesting mediation first. Any experiences/advice to share? Where is best to send my SAR? Address on bank statements (a PO Box), or Litigation Department, or directly to bank solicitors (which contact I have from notice to start legal proceedings)? Many thanks again.
  9. Hi In 2007 I separated from my husband due to domestic violence issue, child was 20 months old. I was working but just surviving (Finance Officer in the Local Council) * I informed the Bank (our mortgage was with Barclays); Requested to change the mortgage temporally to "Interest only" * The other party refused to agree to the change; The Bank suggested I start making transfers from Reserve account facility that we had, in order to avoid arrears * The other party put a "freeze" on the account to stop me from using it; Bank could not proceed as they had to have both parties' agreement (joint mortgage account) * Bank offered to me to pay as much as I can, and suggested the equivalent of the "interest only" amounts would be sufficient to show a good will *A few months later Mortgage accounts were transferred to Woolwich and somewhere in the process, somehow the "freeze" was "lifted" or something, but my ex-husband managed to transfer the fund of the Reserve account to his personal account - £24,410! * As soon as I realised it, I filed a complaint with the Bank, and requested an urgent investigation. Weeks of phone calls and visits to the local branch followed. 4 months later I received a letter, Barclays admitting their fault and confirming that the other party is solely liable for the debt (the withdrawn amount). * I have on numerous occasions asked how they are chasing him up, is any investigation being conducted - never got a reply due to the Data Protection bla-bla. * In 2014, being better off financially, I approached the Bank to discuss Re-Mortgage options, as I still am paying the Interest only amount. Mortgaged period finishes in 2023. I "have no options and until the Reserve account is repaid, I will be unable to do Re-Mortgage" - was Barclay's reply. Debt currently is £41k+, including the interest on the withdrawn amount. * Every now and then I still receive payment demand letters, solicitors' letter and others. I have to call and explain the case for a 100th+ time! I am up to a point to take the Bank to Court, as I do not see any other way out of the situation. There is no need to say how much stress it causes to me, and the adverse financial affect... Does anyone know what legislation I should use to start on? Can I still quote BCOBS? Has anyone else had a similar experience? Thanks for replies in advance.
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