Bullying Barclays Banks

[Debbi M]

Hi, I'm very new to this forum - hope someone can help. I'm an ex legal secretary who contracted RSI - have had it for over 3 years and it got so bad (despite an op on my right hand) that I have been unable to work since March 2007 and my GP has advised me to find a complete change of career. Try telling that to Barclays! They are my main creditor - debt is now £6,600 range and I have been paying them for past 10 years - never missed a payment and all payments agreed by them. However despite my writing to them twice last year explaining my medical condition - and asking them to consider writing the debt off (or significantly reducing it) they ignored me and at the beginning of this year I got some very nasty threatening correspondence from one name you know and love - Moorcroft. To cut a long story short, I tried writing and faxing Barclays again and was ignored (despite a brief letter from my GP) so went through their "Complaints" procedure - and got nowhere. My hands were so painful to type with (Im in pain having got this far) I had to go to the CAB for help. Finally got another, longer letter from my GP explaining that I could not resume my usual work and was advised not to take another job involving extensive typing or lifting......this letter was sent to all my creditors. (One did do a write off, hallelujah!) but my old friends at Barclays/Moorcroft are still not prepared to write off the debt or negotiate in any way - and are now demanding a new budget and "proposals for repayment". I'm now on Job Seeker's Allowance. Can anyone advise? Needless to say the Ombudsman are inundated with requests for help and mine hasn't even gone to an allocation team yet! I'm too poor to file for bankruptcy - although that's obviously the next step. All suggestions/advice welcome. (CAB not a lot of help, incidentally - they don't like confrontation, methinks).

[Vampyra]

First off welcome to the site.

 

The first thing you need to do is remember however painful or time consuming it is - you need EVERYTHING in writing. Maybe CAB can advise of anyone in your area who could help you with letter typing?

 

Secondly, you need to send off a CCA request to Moorcroft to get a copy of your credit agreement. It is highly possible this cannot be found. If so no-one can legally collect the debt.

 

now this bit courtesy of CurlyBen

 

Courtesy of Curlyben

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment. Also DO NOT HAND SIGN THE LETTER"

 

You must send a £1.00 postal order with this - not a cheque. Write on the back of the postal order what you want the £1.00 used for and keep a record of the number. Send it Recorded Delivery - yes expensive but completely guarenteed to get there and be signed for. Keep all postal reciepts.

 

Forget filing for bankrupcy - you are going to put the wind up this lot!

[42man]

Debbi....did you ever take the cause of your RSI (i.e. a previous employer) to tribunal ? Also....if the RSI is that bad are you getting any additional benefits ? - just asking just in case, although I imagine if you are a legal sec you probably have done all you can !!! Vampyra's advice is exactly spot on !!

[mr.ton]

Aaaaagggghhhh ruddy Moorcroft again...they're like a social cancer

[Debbi M]

Hi all - thanks to Vampyra and 42 man - unfortunately there is a copy of the credit agreement (I have it). Barclays appear to have "appointed" Moorcroft to collect the debt on their behalf - or Moorcroft have bought it off them along with other delinquent accounts. I could try telling them they are certified to collect the debt - but I made previous payments to them this year and the CAB advisor seems to think I should at least offer £1 a month (which Im not going to do). I probably will tell them to take me to Court (on Job Seeker's Allowance and with other priority and non-priority debts to consider) and let them "sue" me for not being able to work due to medical reasons they refuse to take into account...and see what happens?

You're right though - it's just bullying and I won't be bullied. Hopefully a district judge would give them a rollocking for wasting the Courts time...?

No justice for us is there - we should join northern rock.....

[42man]

Debbi....you may well have what you (and what Barclays might argue) think is a credit agreement, but is it an application form ? does it have the prescribed terms and conditions as laid out by the Consumer Credit Act ? is it properly executed ?......please delete all the personal info, scan it, and let the experts see if it is a TRUE and enforceable consumer credit agreement....

[42man]

Bear in mind they might try and CCJ you (if you don't pay that then it could be bailiffs) or they can make you bankrupt....although the CAB do a good job, they are not as aware of the law as some of the Caggers here....

[42man]

If you say you are not even going to send them a £1 a month then the judge may think it would be a case of WONT PAY ANYTHING rather than CAN'T PAY ANYTHING....

[skyrider]

Hi Debbie, it sounds as if you’re pretty upset with Barclays and this process, don't despair follow the advice here I have about £250K of debt (got there through a series of mistakes) and have been on this site since early October, through the help I have had here It think I am close to writing off somewhere around £100k of debt quite legally, some may say its immoral not to pay what you owe, but all that is suggested is that you use the law to its best advantage, and I really think working at it is better in the longer term than going bankrupt! The other thing is when you took out your loans etc the banks and credit card companies factor into their costs that a percentage of the debts will be uncollectible - and guess what you and the rest of us paid for that percentage on all the other agreements that have been good -its like a form of insurance!

We all understand that there's a lot of correspondence to see this through, but rest assured a lot of it is standard letters that you can copy and paste. If the CAB can't help with someone to do your typing try the local library, church and scout group somebody may help you for a community service badge or help with a D of E award!

I found your thread as I prepare to answer Moorcroft’s demands on me re Barclays, the debt is about 11K just think of the time you spend as money earned where else could you earn £11k for maybe a couple of days work - where I am now it will take me years to earn that much!

Good luck with it and make the most of the help here, best wishes!

[ODC]

Debbie you may have the Credit Agreement but that does not meanthe Moorcrap will have one. CCA them and see what they come up with

[Debbi M]

Hi all - firstly thanks to Vampyra, Curlyben (love that name!) Skyrider, 42man, ODC and all who have replied to my thread. I do have my original credit agreement (ie agreeing to the conditions of the loan) but not my original application form - don't know where that is, probably with Barclays? This debt goes back to October 1996 approximately. When I took this loan out it was my third with Barclays - I went in for a Financial Health Check (yes, one of those!) and ended up with - another loan! It was originally for £7500 and I had a £400 OD. As I was earning about £792 gross a month at the time, and had other creditors (paying Peter and nicking from Paul to give to Grabbit & Co....) and was repaying Barcs £202 a month....... I soon ran into problems and after 9 months Barclays themselves called in the loan. I did all the right things, cut my cards up, saw the CAB (useless) and the battle began. (Have to rest. hand hurting badly)

 

left hand typing

My real point is that I had been paying Barclays agreed amounts since the loan was called in in Nov 1996ish. The account has been "on hold" at various times when I've been ill or out of work, but all payments were ones Barclays agreed to. When I became ill with RSI I told them. When I was having great difficulties finding work again last year, I wrote asking them to consider writing the loan off and was ignored. I replied to their letter of Nov 06 requiring a new budget and payment proposals, again pointing out my health difficulties and asking them to write off the loan.....they responded by ignoring me completely and calling in the merry men of Moorcroft. Their own complaints procedure was asterisk asterisk asterisk. I complained to the Ombudsman in July 07.....they still haven't been able to look at it! (high numbers of queries....)

 

My point is that I have done nothing wrong, Barcs were made well aware that I am unable to work in my old job, have GP advice not to return to that work (what jobs can you get when using a keyboard is agony?) I am 56 and that makes it even harder. Barclays and Moorcroft are completely ignoring my medical condition and continue to threaten, even though they know I am on benefits. They have already been given a budget, can see I have 6 other creditors, together with rent arrears (£300) electricity arrears (£300). So if I did have any surplus bread, it should surely go to a Priority creditor, not to these mukkadeens.

 

If they continue to threaten me - can I get them for breaking OFT guidelines of putting psychological pressure on a "vulnerable" debtor? (The CAB are no good at all at dealing with people like this. My adviser told me that they have a "right" to ask for the money - which is fair enough, but not in my position and not by threats! Like so many millions of us I may owe money - I do not owe my life!

 

My hand is agony must stop.

[sillygirl1]

Typical CAB, I bet you don't have kids, they take a different viewpoint then. Despite what CAB say in your creditor has a ''right' to collect you too have 'rights' that the creditor has to adhere too.

 

Have you had any insurance policy with this loan, you might have PPI and a very good case to claim on it... have a look through your paperwork and report back for more advice.

[itsamomentintime]

don't despair follow the advice here I have about £250K of debt (got there through a series of mistakes)

 

[Debbi M]

Debbi M replying to Skyrider's post of 6th December. I really am stuck wondering what to do for the best - I don't feel the CAB are on my side at all. I admit owing this money - and if it hadn't been for my "disability" and current medical condition (which Barclays and their ilk have chosen to ignore) I would still be working and paying them something. I am in a completely hopeless position and at the end of my tether. I am prepared to let the matter go to Court if that gives me a chance of putting my case before a district judge! Being completely dependent on the DWP doesn't help either. Irony is that now I am on JSA they have given me an extra £25 a week for my disability - can I be forced to use this to pay creditors?

Helpppp!

[Having_A_Knightmare]

Deb

 

You need to get the CCA request of rapid.

 

doesnt matter if you have been paying te debt you can unacknowlege a debt at any time.

 

HAK

[Debbi M]

Hi Having a Knightmare - thanks for your reply....but what is a CCA? People keep going on about it I've never heard of it. Also how can you just "unacknowledge" a debt that you do legally owe?

 

keep the home fires burning

Debbi M

[42man]

a CCA is a Consumer Credit Agreement - it is what you sign when you take out a loan or a financial transaction....for credit cards it is the piece of paper that is attached to your credit card when they send it to you...how many of us send that back ?? we normally rip the card off and use it !!! A lot of the banks simply microfiche these and don't keep the original copies (which they need to if the debt is disputed on the Consumer Credit Act) although I think this is now changing with the amount of disputes that will increase.....

[ThisVeryMoment]

"Typical CAB"?? What is that about. They stated "that they have a "right" to ask for the money" because they do!! You owe it. CAB were correct.

 

I think it appalling that a well respected organisation manned by volunteers is being spoken about in this way.

 

Finally, just because you have RSI hardly means they are obligated to write off the debt does it?