I did DX, I just wanted to have it confirmed by another so as to be able to point someone to the thread for reference so they in turn can send the bottom feeding DCA a letter advising them of their stupidity.

This is the final resolution, reached at the beginning of October.:

Barclays offered to write off the entire amount on the o/d of just under 8k

Barclays agreed not to register any default on the account.

Barclays also agreed not to mark the credit file of the account holder accordingly.

The Ombudsman stated that what Barclays had offered was more than what they

(Ombudsman) would have required them to do.

After some thought Barclays offer was eventually accepted and where upon acceptance

Barclays closed the account and sent a letter of apology to the customer (not sure

what the relevance of that was but they sent it anyway)

This now concludes things in full.

Thats what I thought.

The argument was that out of the blue a dca wrote asking for money on the debt, a decade or since anything last heard.

The alleged debtor wrote back stating that whilst they owed some of the money on the debt it was not all theirs (although they were the only named on the account)

The dca wrote back as always stating it didn't matter the money had to be paid regardless.

The alleged debtor was worried their acknowledgement of owing money has restarted

the clock...but obviously it doesn.t

Thanks for your input...

When  a debt is stat barred and where no payment within the preceding 6 years has been made

then the debt is as stated stat barred?

What if a DCA then sends letter out of the blue some years later and the alleged debtor writes

back acknowledging they owe on the debt but the amount owing is disputed?

Is acknowledging they owe some money (but have not made any payments n 6 years) enough

to restart the clock? 

 This is a long time issue and a little complicated so I'll attempt to condense.

Barclays account: held with them over 25yrs, opend in the 90's

£8k overdraft

15 years ago the account became a problem due to account holder due illness/company closing/long term disabilities.

No activity on the account other than what is stated below, card not used, balance always kept just under the o/d level

so as not to incur further costs.

In those 15 yrs (2006)the account has been maintained each month by Barclays applying the o/d interest and

the account holder paying that amount.  In the early years about £120 pm, then it went to £3per interest so worked

out and around £90pm and late last year with the interest hike by the banks on O/d's it took the amount close to

£180pcm 

In  / around 2012 the account holder approached the bank with a view to receving some help, they were at that time

somewhat ill, and registered as disabled. They asked that they convert the amount to a loan with them so that over

time the balance would reduce. The Bank refused but instead put them through to another in-house lender, (woolwich)

on internal line, they took the details but then didn't offer the loan.

Account holders health deteriorated but they insisted with their family members to continue to pay the overdraft, they

were petrified of what may happen if they didn't.

In 2014 a SAR's was asked of Barclays which they sent but it didn't give much away, but importantly neither did it

mention the customer going into the branch for the help.

In 2019 the customer via a third party who also obtained a third party mandate  approached the bank with a lengthy

correspondence asking for help, they gave as much info as they could.

A month later then bank stated they believed they had not acted incorrectly as the account had been held to the

good by the miniumum payments on the account being met, in short unless the account tripped they would not

know there was a problem.

It was pointed out to the bank that under the terms of the original agreement and backed up by a letter from

the bank way back as early as 2003 that the overdraft had been increased and that the account would be

reviewed annually and that the account for the overdraft to remain in place would need to be kept in good order. 

It's clear no annual review from at least 2006 had taken place as 'good order' was that the account was to be

seen to be going in and out of credit whch of course was not the case, it hasn't been in the black since 2005/6

The bank refused to budge , also denied that the customer had been into the branch in 2012 and in any case as

it was 2019 they didn't have to go that far back with a complaint if it had not been raised before.

Thats stage 1

A complaint was raised with the Ombudsman in late 2019, they accepted the complaint and lodged with Barclays

that an account had been logged and that they (Ombudsman) were thus engaged on the account.

In the meantime the customer continued to maintain the account with Barclays as per the previous 13 years

at the same time as providing info to the Ombudsman when it was requested.

Barclays wrote asking the customer to call them, but they had been put on notice in the original complaint

that the Customer wanted all communication in writing, three times barclays asked for them to call despite

them knowing the customer was 'vulnerable'  and still they continued the account knowing that the customer

was only paying them out of the disability payments etc...

Barclays were sent 3 letters via signed delivery asking that all communication be put in writing, the customer

wanted to establish a papertrail so no room for error or misinterpretation similar to Barclays 2012 denial

that the customer had been into the branch, all 3 letters were signed for all 3 letters went unanswered.

Late 2019/early 2020 Barclays were out of desperation contacted on the phone but as the account had not

been placed in collections' then nobody from the department could speak to the customer ????

In or around March 2020 the Ombudsman wrote to the customer stating they were a week away from a resolution

and that they were just awaiting for it to be signed off by a senior investigator.

3 weeks later Covid hit but no resolution had been sent, a month or so later an email was sent to the Ombudsman

requesting clarification and a month later they wrote back saying 'it's a week away (again) and they'll be in touch

and then the case went cold, nothing heard and no return of phone calls to them.

After months of delays and after not hearing from the Ombudsman a letter was sent to one of their senior Ombudsman

who replied that they'd take a look and be back in touch in a week and which they were and where they stated that

the case:

A: Should not have been taken on by the original investigator as it was above their remit, it should also have been

picked up by another investigator when it was looked at during the initial process but again it wasn't.

B: As the case had been incorrectly assigned it was then unassigned and placed on hold and for the following

reason:

C :  The case was of a sort that the banks and the Ombudsman have been discussing, no reasons for the discussion

was given but as the case fell into this criteria it was on hold pending the discussions being concluded by the

banks/ombudsman.

In short just over 12 months of the case first being allocated/engaged it had been unallocated/disengaged and

placed on hold.

A second complaint was therefore lodged with the Ombudsman which was duly investigated and a nominal

amount was offered for what they stated was poor service.  This amount was refused and the complaint

was then sent to the Assessor (next step) but they wrote back stating that until the case had been finalised

by the Ombudsman the assessor would not be able to investigate the complaint.

Updated were occasionally given by the Ombudsman on the state of the original complaint against Barclays

but even that dropped into the abyss early 2021. 

After a recent request to the Ombudsman to ask if the 2019 onwards discussions with the banks had been

concluded an email was sent back saying that the case was just about to be reallocated (no answer as

to if their discussions had concluded.

A week later an new case investigator was placed onto the case, they had written to Barclays and were

awaiting their response.

1 week later they investigator came back with:

Barclays are offering to write the account off and to close the account.

And that is where they're stuck,  15yrs of overdrafts fees being paid, (almost 2.7 times the original amount

of the o/d) with Barclays refusing to budge, then out of the blue came the offer.

The offer is on the table for a few weeks, but is it an offer to take?

When initial contact was made the bank with the complaint in 2019 they did nothing on the o/d account

but very quickly (1 week) shut down one of the Barclaycard credit cards the customer had with them

and placed the other at £250 limit (the limits before that were collectively 25k but had not been used

for some years)  

I have read somewhere that this 'credit card' balance reduction affected the credit worth ability of

a credit card holder, it's an indirect hit on them and this seems borne out as although the customer

has a good credit record (not really facilitating it) they have been refused credit from a source

they have always used and who they have never had any problem with before and this is only

after the Barclaycard issue.  

Sorry for the elongated post but for me, the offer whilst it may seem ok, well if it's their offer now

and whilst they may withdraw the offer I think it has more legs? The customer should never have

bee allowed to get where they've been for the last 15 years......Barclays have had considerably

more than the original o/d and they want to stick to terms and conditions but then seem to flout

them themselves by not conducting regular reviews or even as recent as knowing a customer is

struggling and they still continue onwards unabated.

Deb

Yup Andy, yer don't have to tell me, I know it.

The fees and ppi mentioned above probably don't account to much/ are minimal given the lenght of time, the amounts involved so probably

won't pursue them.

I couldnt quit/stop paying the account in 2011, there was too much to lose (property and a rather messy OR predicament (not mine) that

my home at the time fell into....I was at risk of the entire deal being scuppered ....so didn't want to rock the boat.  It sounds easy but it

wasn't..

In edit....I found one page of 1 months statement and it shows  2x paid referral fees and a charge for an unpaid cheque....it's the monthly that corresponds with the letter (2004) so probably why I kept it......2x £25 referral fees, 1 x 'transaction' charge for a bounced cheque unpaid... 2004 statement date.

Going through some documentation......

I've found:

Ref to the old account before it was transferred or closed and another opened by Barclays because at the time the account held was

not able to provide an O/D of 7k....but on the old account...no statements exist....but I do have an  'confirmation of personal overdraft

letter an on there it shows a Monthly Personal Overdraft Protection fee of £1.60 (on a £200 0/D) .. There is no personal ovedraft protection on the new account (i have the original application for it after them telling me i needed to open it re extending the o/d from 200 to much more.

and the box isnt ticked for the protection...but it is mentioned in the previous account and the fee for it...

I've also found letters from the bank of confirmation of the Barclays Executive Overdraft renewal of 7k on the account I'm struggling with

and where it states a review in 2001 will take place and that I can 'Overdraw;' to my limit whenever I want but should 'not be overdrawn' by

the whole amount........which it has been since 2007 at least.....and there are several letters referencing (2003/4 where I have gone over

my 7k limit, that I should of and charges have been applied (no statements go that far back) there are a couple of those and where there

are mention of fees for those above the overdaft. sometimes £20 a day for a max of three days...and also anothr refernce a year later

for some returned cheques ...where I've been charged for those (but no mention of the charge amount) and again for also those chequest

taking me above a £25 buffer level (on an 7k o/d?)  

I guess there are some charges and possible a ppi in there somewhere...ppi not this account in qustion, charges are for this account in

question...probably no more than about £300 in total...but it was 16 years ago...

I did consider transferring it to a CC also held with them, it has a 15k limit on it, I've not used it for 10 years but it's still

functional, (annual statements/new cards issues etc`) then bunking on the card and going down the CCA route and see

how/where that got me....

Stopping paying in 2011 is one thing, but they'd have pursued it with vigour and at the time I was part way into a real messy

situation that had a decision by an OR been scrutinised and then overturned....well it could have been disastrous...

Further to that and on theis debacle along had I stopped paying and my credit record smashed I wouldn't have been able

to juggle ith my finances about 3 years ago in a final push to consolidate and pay the remnants of my past life....had my

credit record been poor I would not have been able to work towards consolidation.......

Further still, the consolidation of the remnants paid off, reduced my outgoings by 80% allowing me to gradually get myself on

my feet to a point now where the consolidation part is also now coming to an end......

Leaving me with just this mess with Barclays, I think I'd like to try is at least attempt some amount of informal litigation with them

and if that fails then play as dirty as what they most likely will by way of my stopping paying them as per your 'what you would do'

It's finding a route in that is where I think i'm going to go....I've condensed the SAR, pulled out the grubby bits and will look up

on bcob and such like and see what/if anything there is of a help.

In the past i've doorstopped those who have clout within various organisations that have been looking to boot me into touch

with their legalities, it's not always worked but mostly it's gotten something sorted out....

It's just a mess, I'm the one to blame I know that.....and it's not like I've done anything wrong or dubious or underhanded or

anything, I've done quite the reverse and sods law it's probably going to be the one that does the most damage, go figure.

I'm all ears (figuratively speaking)    unless you mean stop paying......

...

Going through this sar, data since the account opened which was 1993...most of the ABBRV codes I have no idea bout or even

able to work it out...BUT I thought O/Ds were subject to annual / status reviews...I put them on notice as early as 2011 that

I needed help.....but they just continue to collect....no review mentioned since 2005, hardly responsible lending.

Thanks for the tip....I did...wish I hadn't  ha!  my gormless self started this thread in 2012....and in 7 years I'm here again...nothing has changed, not

even the balance....(give or take a few £)

Each time I get here, I'm full of momentum, then get sidetracked, put it to one side and forget about it (until the next payments due)

I can't do that any more, don't want to do it anymore so this time I've cleared my desk, got out my best crayons and am attempting to put together

a letter ...to whom I dont know....but i'll find someone....

Hey Andy, thanks for that...

There was nowhere for me to post it/add..it gave a message asking to flag a member of the team...

However, the layout is taking a bit of getting used to ( I rather like it) so the error may be on my part and

I can only apologise if thats the case.  ( I did look hard mind)

Unable to see where and who I am to 'flag' up the below post as wanting to add to it so I'll add it here and hope a team member can merge it...

It's been a while since I added to this, nothing has changed except I have an SAR now, it doesn't say a lot, just oodles of statements etc

and a few small minor codes that translate to them saying 'customer may be in trouble'   but nothing.

To add further and to update....

Status Quo: (I'm sure the overdraft is nearly as old as them)

1:  I'm still meeting the overdraft interest payments every month and nothing more.

2: I have again been in to the original branch, plus my local branch for help, neither were able to point me

to anywhere but 'customer services' on the phone

as in no one in branch was able to help due to the account being so old

3: Account is the same . Barclays Executive Overdraft.

4:  Latest statement update is I still have an overdraft with them of - £6,718.20 overdrawn...

5: Update on the sums I am now able to do to pinpoint within the last decade.

Account has been overdrawn since 2001 ....and by 5, 6 and then 7k (last 14 years on the latter at least)

6:  This is the latest figures.   June 7th 2009  Overdrawn  £6,750.56p   a decade later  June 10th 2019 - Overdrawn £6.718.20p 

7:  In 120 payments made to them 10 years x 12 months of £100(minimum) £12,000

8: Reduction in o/d in ten years £32.36

9: No other transactions by me on this account in these quoted10 years...and beyond, just me paying interest, Barclays applying

interest...I have not drawn on the account in over 12 years probably longer

10: No overdraft reviews appear to have been conducted on the account for what looks like 14 years (account has been open

over 20 years)

11: I have not used exact amounts of balance or overdraft so as to limit Barclays identifying my account (for now) but all

account figures are representative within £20 and the £12,000 is a little less than has been paid back as some months

when they changed their interest dates/account details the amount went up....and judging by the new rules coming in

next year it looks like it will go up even more.

I know it was suggested to take Barclays to court for 'fees'  but I still do not understand what fees?  O/D is not a fee is it?

What I would like is an person within Barclays that I can send and expanded version of above to and where they can deal

with it without putting me at the mercies of Barclay Customer Services who frankly have been dire when attempting to

discuss this with......

I have worked hard over the last 8 or 9 years with info gleaned from Cag and it's members to tackle my debts (and others)

head on....this is the last one of them all......The overdraft is classes as an Barclays Executive Overdraft, it was business but

that all went pete tong in 2002 and they then sort of renamed the account/over draft and here I am.  I was thinking that

as it was termed a Business Overdraft (even tho it's now on what is seen as a personal account) that the overdraft if called

in (which is Barclays will do as soon as make formal contact with them over it...although not sure why the request for the

SAR didn't instigate something last year) is that they will enter it onto my credit record and I'm back to square one and where

in real terms I have done as much as I can to try and rectify this account....i THINK...

Deb

It is still being treated as an Executive O/D Flex Account. The account no longer exists in it's current format.

What am I looking to stick at them?

What points? (sorry if that sounds a dumb question) and where should I be aiming it at?

Branch level are hopeless,

so is the Area branch,

CS will just put it in a queue,

I'd like to get it seen by someone that can make a decision or at least make something happen to help address it...

Aint that the trooof

I'll work thorugh it, there are over 1500 pages

Well, having trawled through it..

.I can see nothing of any relevance,

there are some letters I have (not contained in the sar) which show one side of an agreement on overdrafts,

there are also charges from going over the agree overdraft (small limit) called 'over buffer referral or something, about ten of them from the late 90's and early 00's...

.the exec o/d was at the top amount by 2003,

there were letters in 2002 (again not in the sar, but what I have) stating they were concerned that I'd gone over the overdraft limit, that I hadn't been in credit since 1998 (it's not been in credit since 1998 up to todays date, 20 years of overdrawn, in that letter they stated they review the account annually, clearly they haven't been.

Studying the statements in the sar I can see the last time the account was used by me for a £15 purchased,

since then up to todays date other than £5 charged by Barclays (for statements I'd requested) there has been no activity for 9 years other than them adding interest and my paying in to keep the o/d within it's limit and pay the interest......

(rough figures contained in one of my posts above)

Thats pretty much it....

SAR has arrived took them a while, I first went for their online application for it, didn't arrive, then went for a manual one, but never heard anything, in the end I called in at a branch

and waited (almost an hour) for them to come back and give me the correct address to send it to.

It was sent, I got an update to say it was ready at the branch, called in at the branch and they couldn't find it, went back a week later, still unable to find it, so went in and played

my face 'not leaving until you give it to me' 2hours later they brought it out to me, all neatly packaged in 2 sealed bags, each about the thickness of a ream of printer paper, most

of it is statements from quite a way back (barclaycards also)

What am I specifically to look for?

Re-reading the Ops thread, it's an exact replica (procedure/info) and participants (cabot/ruthbridge).

My course of action will be my sending the letter back to them (taking a copy of it first) also enlcosing a stat barred letter (template from here)

+ informing them I've retained a proof of postage which 'should' leave Ruthbridge with a clear way forward on how not to proceed.

What I won't be doing is responding to anything else they may want to send but instead simply send it back 'return to sender'

Ruthbridge's letter is a little ambiguous (for fca purposes I guess) with terms such as 'to avoid any further action' quite what 'action' they can take once

the star barred letter is sent remains to be seen

They must be phishing,

I've had a similar letter from Ruthbridge albeit accompanied by an introduction letter to them via Cabot on an alleged debt where the last communication with the original OC was 2003 (no correspondence from anyone else ever until now, with the best will in this would have been stat barred since 2009.

I won't know that just yet, but I will endeavour to find out on the morrow when we catch up.

There is a reference to it in the SAR but I think it's just some abbrv gobbledygook, this was the entry

Third party import sent in using file type Statute Barred Date Upload, template Statute Barred Date Upload

Third party import sent in using file type Statute Barred Flag Upload, template Statute Barred Flag Upload

I'm hoping to have the original court orders post the judgement date later today or if not today at the weekend.

Ok, I've had a good look through the SAR from Cabot, it is wholly consistent with my own issues with them from a couple of years ago, in as much as Cabot just seem to add money when they feel like it and with no notification of that in any letter but simply an increased balance is shown on the communication from them.

After checking it appears this particular debt (one of two held with them) was subject to a county court order, I don't know the exact dates but am meeting my mate for coffee tomorrow and they have a feeling they have the original summons, but it appears it was around 2010 and it also may have been stat barred at the time as they dont remember paying anyting after 2003 to either the OC or Cabot...but I guess that is sadly academic now.

One of the Court Orders is for a debt under under 5k so I'm assuming that whatever the judge awarded at the time was the amount to be collected and that no further charges for collection etc can be added?

After going through the transaction details there are gaping errors and I know Andyorch says they can ask for what they like but it doesn't mean they'll get it ..

but if they only send letters with their increased balances but no reasons why any increases then many of those paying cabot could be forgiven for thinking that what the letter says is what they owe and so on.

In short, and going through the letters/ transaction details, the debt was in 2011 around £3000 (figures are approx),

they have paid cabot back every month since then save for a 9 month gap (out of work/then back into work and blah blah)

in that period of time Cabot added a total of just over £1200.....payments restarted and nothing has been added since.

On an roundal letter in 2011 Cabot gave a balance, since that point (and ignoring other letters cabot sent in the meantime with various think of a number balances added)I've totalled all the payments my mate has paid and it leaves the amount owning at just shy of £700, when the SAR came thorough last week it gives a balance of just over £1900.....

Am I right in thinking that Cabot cannot add to the amount on a ccj award and it's for them to consider enforcement if they're not being paid under the terms of the judgement? If these are charge can not my mate be asking for them back + interest (thus lowering her debt of just over 700 even further?)

On a personal note, somebody somewhere of some clout really needs to go and take a look at Cabots business practices when it comes to their clients debts (alleged or not) and how they seem to simply increase their clients indebtedness still further ..

..I say this because in my own case and until I managed to wise up via info from here they added to my own alleged debt by 5/6k and without any notification/reason/court order/agreement/interest applicable......

I haven't gotten round the over 5k debt but once I get the court judgements tomorrow (hopefully) I'll look at that also, but I can already see 'adjustements' on that one also and for significantly more than this one.

Yup

Neither, sole owned and debt in just their name

What a shame, a real shame, I guess it's a lesson for them that burying ones head in the sand is not the answer....

I guess they should now be writing to Cabot asking asking for a statement that does not include their adjustments.