Thank you for your reply , I of course understand but would anyone know of a reliable and trustworthy resource where he could search for this type of expertise?

A contact of mine had his business account frozen for over 5 weeks. Payments into the account from debtors during this period were rejected. The bank acted due to the mis-interpretation of a letter. The writer of said letter held a charge over the assets of the company and confirmed that the bank had not acted correctly, then wrote to the bank, the account re-accessed. However the damage had been done - all sales staff walked out and production stood still for 5 weeks, the business having to cease trading as a consequence. My contact is seeking a law firm who will take this case on as the FSA are unable to help quickly enough if at all. How would one be able to find a law firm with this level of expertise, perhaps on a no win no fee basis. Can anyone advise?

Hello Caro,

Amendments to the Welfare Reform Act have greatly changed the pursuit of OS DWP debt, I have a reference to the exact amendment in my office, but no in till Tuesday.

 

I appeared for an appellant on a DWP debt of some £15,000 at a Tribunal Hearing and lost spectacularly on SB due to the 2012 amendment.

 

I can seek further advice from 'on high' after the BH.

 

There has not been any limitation on the ability to deduct payments from existing benefit awards for years. I know of 25+ year old debts being collected from current benefits.

 

I will find the document and post up the references asap.

Hello any update on the question of SB and the 2012 amendment please?

Thanks Bio for your reply,

There certainly are CCTV's in some if not all interview rooms - installed for 'security ' purposes.

If a decision to prosecute goes ahead the tape recording is typed up and submitted as evidence - it is not easy to obtain a copy of the tape itself or the transcription until you are in court - sadly delaying tactics are very common.

Hi Antone - Regarding your comment concerning 'preserving the chain of evidence' ie the tape recording at IUC. A solution could be that tapes are exchanged, sealed and signed at the same time?

I do agree with arewatfault concerning access to the tape as I believe a copy should be instantly available or at the least accessible without delay by whatever method is deemed to be secure. I have a question concerning the visual recording during the interview process. How is this accessed?

You are not paranoid, you are dead right! And if your instinct tells you second check or back up, make sure you do! Have you attended an interview? Will you have a solicitor with you?

I was told that you can have a copy of the tape when the outcome of the interview is has been determined by the 'decision makers' and that can take several months depending upon the compexity of the information/allegations. It did cross my mind to make my own recording but I didn't do it in the end and now wish I had; if you can get them to agree I don't think it could hurt for them to know you have your own copy.

Thank you for your reply, I have done this (apply for a Subject Access Request) but they couldn't supply anything. I'll try the ICO as suggested by Debt Star.

Thank you I'll have a bash. Have to try as I have settled all debts by arrangement.

Arrow Global have noted a debt on my file with Experian starting in 2000 and have 'updated' this as a current debt in 2010.

I have not borrowed anything from Arrow Global but had debts pre 2006 that have now been settled or written off by agreement.

I have asked Experian to remove this debt from my file and they have referred me to Arrow, I have in turn asked them to supply me with details (paid a £1) but they cannot provide a copy of a contract.

Experian will not remove the data from my file even though their 'client' cannot prove the debt.

What is the correct course of action in this instance?

Hi there,

I was wondering whether you had progressed with 'underlying benefit' I am going through the same thing as you but perhaps a few months behind.

May I ask how you managed to find a sympathetic solicitor? I need one who also has experience with mental health issues - (don't worry I'm not a nutter!).

From my research it seems that underlying benefit can only be used as a measure of the true cost to the public purse and this may be taken into account when sentencing; have you come across this at all?

Thank you SlickWill do, especially using the phrase 'being left in a worse off position' Awful thing is this is what I consider sharp practice more akin to loan shark rather than the bank I've been loyal to for 30 years! Will post the outcome. Thanks again.

Hi Springboard,

 

Follow Lex's suggestions and if you get no joy in-branch, tell them you'll make a formal complaint to HQ.

 

Then, if necessary, complain in writing to Barclays London HQ setting out briefly what happened and why you're unhappy.

 

Give them 14 days to resolve your complaint, failing which you report the matter to the FOS and other relevant authorities.

 

If you have been left in a worse position than you were originally, then it's reasonable to ask that they restore the facilities that were previously available to you.

 

Thanks LexWill do - it's just so annoying as it's 'time' and I have quite a few battles going on at the moment. Would this come under the 'mis selling' banner?Will post the outcome. Best

Barclays are infamous for doing this. In fact a 'whistle-blower' program on BBC showed how Barclays staff would switch peoples account WITHOUT asking, if they thought they could get away with it. A handy little bonus for them @£20-£50 a time.

 

I suggest you go into your branch and rise hell with them, threaten them with a report to OFT and FOS if your old account is not reinstated, and do so if they don't. IMHO this is miss-selling

 

Lex

Hi

Please let me know how you get on? I'm going through the same thing and for very similar reasons, so would be grateful for an update.

Lots of luck. x

I don't know if anyone has encountered this problem? I have banked withBarclays for over 30 years; I have several deposit accounts and a current account with an unsecured overdraft facility of 4k and certain other benefits that I found useful including RAC membership. I paid a small fee for this account but it was worth it.

In January I received a call from Barclays suggesting that I would savemoney if I switched to another product, I would receive a 1k interest free overdraft plus other benefits (that I would use) for a small fee. I agreed butwhen I received the paperwork I realised that the account would cost more asthe interest on the overdraft over 1k was 8% higher than my previous rate, thiswas never mentioned in the initial call.

I called the bank and said that I wanted to revert back to my previous account as there would be no saving to me and was told that the 'product' nolonger existed and that they had other schemes that where similar but notexactly the same.

My account was changed back but again, upon checking the interest it is now5% higher than my initial rate and I have been told this is the best they cando.

My question here is - despite running through a very long Q&A whereby the advisor 'matched' my needs to the product at no time wasthe rate of interest mentioned nor was I told there would be an increase.

None of the calls from Barclays touched on the rate of interest, I thought this was illegal? Does any one know?

Hi Aitch, I'm sorry you had a problem with the solicitor, I've had a similar experience to you but I have found solictors who specialized and who would also operate under the Legal Aid umbrella - found them through Community Legal Advice and had an appointment within days.

Waiting 2 weeks doesn't help when you are distressed but from what you have written it seems that your argument is one of overpayment, and at least not fraud? Which is a situation that can materialize through non disclosure (even if innocent) and can happen through illness when affairs often become disorganised. How have you got on with solictors bill? Did you sign anything or did they tell you there would be a fee?

On a final note,have you visited your GP? Don't be afraid to ask for help

Long gap I know but was the final outcome in the end? I've been occupied with other battles and now having to re-visit.

Have you telephoned Community Law?

You may be entitled to Legal Aid and Incapacity Benefit, they should be able to signpost you and find an advocate that specialises in Benefits. I know what you are going through, there is help out there, just make sure you get support from someone who specialises in Benefit and you will feel a lot better.

Good luck.

Hi

Thanks for the feedback, are you going to pursue based on the fairness of the charge not the amount?

I registered my interest in claiming with my bank over 3 years ago. I did not include any detail, simply my intention to claim. I received acknowledgement of the letter and a second letter stating that the decision had been deferred pending the outcome of the court ruling. I have heard nothing since but I am aware of the surprise OFT verdict ruling in favour of the banks. I am sure I would be entitled to a hardship claim if this were still a valid option.What next for people like me? Was the ruling in favour conclusive?

Hayley

Have you been to Citizens Advice Bureau yet? They will allocate you a personal advisor which may help a little more, at least you will have some face to face contact with someone who you feel is on your side. It's very hard to tackle this thing when you are alone. Lots of luck.