Barclays account overdrawn

[daftada]

Hello, I had a current account with Barclays which I stopped using while I was reclaiming my charges (I went to A&L who were even worse for charges...). I left it open but paid a small amount in each month to keep it from going past my overdraft limit. I'd sort of forgotten about it until today when I had a look at a letter from barclays and its gone nearly 300 pounds past my limit. I couldn't understand how this happened but I looked at some past statements and found a direct debit I thought I'd stopped, which had taken me over and that plus Barclays new 'reserve' charges have taken it beyond what I can realistically pay back. I had over £100 of charges last month alone, surely this is not fair??

 

I want to go see my bank tomorrow but I'm not sure what I should be saying to them and what I can demand back (if anything) or if there are any precedents I can use to get them to take back the charges and let me pay off something per month. I'm sorry to ask for help on this but I have Aspergers and I struggle to explain myself at times but I would like to take a 'script' with me when I see the bank tomorrow. I'm really quite worried about this.

[huggy41]

hello daftada the people on this site with more help should be along soon i just thought i would let oyu know that your thread is being read and this will get it to the right people.

[slick132]

Hi Daftada and welcome to the Barclays forum,

 

When you go in to your branch (which is the best approach at this stage), tell them you cancelled the DD and it should NOT have continued to be paid.

 

Ask them to reverse all the related bank charges and interest to rectify their error.

 

Do you have a copy of your letter cancelling the DD or did you instruct them by phone.

 

Knowing Barclays, they may refuse to do this if you are unable to prove you cancelled the DD. In which case you will have to reclaim the charges AND all the o/draft interest that has stacked up as well.

 

Let us know how you get on at the branch (you could print this post and take it with you) and good luck.

[daftada]

Thank you for your advice, I was unable to get to the bank on Friday but I'm hopefully going to have time today to see someone. I was also wondering if Barclays won't refund the charges now, whether I would be able to freeze the account because of the dispute? I can't afford to repay enough to put it back into the overdraft limits and I don't want to see tihs account spiral further into debt.

[slick132]

Hi DA,

 

You can always ask B's to freeze the a/c because of this problem - whether they do or not is another matter.

 

See how you're visit to the branch goes, and we'll take it from there.

 

[daftada]

Hello, I have been to see my branch, they were able to cancel the DD that had caused the problem, and took me out of the 'reserve service'. They wouldn't freeze the account or allow me to extend the overdraft to cover the amount so I wouldn't be faced with more charges and interest.

 

I got a acall from Barclays' collection department today who wanted me to clear the debt. I explained why the account was overdrawn in the first place but they didn't want to listen. I ended up saying I'd refuse to pay anything into the account until I got the charges I was claiming for back (as these almost completely cover my OD). They said it was going to adversely affect my credit rating if I did not pay up. i thought if charges were disputed it shouldn't affect my rating or am I wrong?

[sea-sidelady]

Once you have started your claim, your account is in dispute, this means they can't chase you for the debt until the dispute is over. They also can not put a default on your account.

 

If they call you again, tell them you will only deal with this in writing, and no more calls are to be made to you. Then hang up. If you receive any letters, then send this letter..

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[daftada]

Thank you very, very much sea-sidelady. I have had a further three calls from Barclays since their first call, they even phoned me up at half seven last night. It's quite distressing having to keep explaining the situation each time, I feel like a criminal the way they have been speaking to me.

 

One of the people I spoke to said I would not be able to reclaim the charges post August 1st (for entering my 'reserve'), is this true?

[sea-sidelady]

No this isn't true. You can claim ALL of them.

 

Also send this letter to Barclay's asap!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[slick132]

Hi DA,

 

It's quite distressing having to keep explaining the situation each time, I feel like a criminal the way they have been speaking to me.

Time for you to toughen up a bit !

 

As soon as you realise it's them on the phone, just say,

 

"You've been told to put anything in writing and I will not speak to you on the phone. Have a nice day. Goodbye."

 

Then hang up.

 

Don't let their methods wear you down - that's exactly what they want.