Barclaycard and AP markers

[BRIGADIER2JCS]

OK!!

[dx100uk]

jump man jump

 

dx

[mahharg]

jump man jump

 

??? sorry I'm just not getting what you are saying.

 

I have been checking on the Wonga threads. It seems that anyone who contacts for online income expenditure get an email confirming agreed repayment plan. The general consensus is that Wonga actually aren't bad at all at agreeing to repayment plans. I'm still going to resend my email requesting 1) Their bank details 2) my reference number 3) confirmation that interest will be frozen.

[mahharg]

Email To:[email protected], [email protected], [email protected]

 

 

Dear Sir/Madam

 

I am referring to the email that I received from you on Sunday 6th Jan 2013. I did mention in my initial email that I would only communicate in writing. I do not like to speak about my private financial affairs on the telephone for security reasons. I have again attached the 2 documents that I attached to my initial email. I feel my proposal to be a fair offer and is all that I can afford at this time.

 

Before I can make any payments I require the following:

1) Confirmation of my acceptance.

2) Confirmation that the interest will be frozen.

3) Details of Wonga's bank details so I can pay by standing order/Internet banking payments.

4) Reference number to be used to make the standing order/internet banking payments. It would be no good simply telling me to use the reference on my loan agreement because there isn't a reference on my loan agreement.

5) Confirmation that if I pay my agreed payments that my account will be settled with nothing more owing.

 

I am in the process of closing my bank account down and I will repeat as in my initial email:

I am currently making payments to my debt with you using a ‘Continuous

Payment Authority’.

I am writing to withdraw my authorisation for you to take payments from

my account, with immediate effect.

For security reasons I am only listing the last 4 digits enabling you to

identify the card these payments are being taken from, these are 1234.

I am cancelling this in accordance with the PaymentServices Regulations,

as governed by the Financial Services Authority.

Any further use of the card will now be classed as an ‘unauthorised

transaction’. A copy of this has also been sent to the bank that issued my

card.

Thank you for your assistance with this matter,

 

I must point out that if it will take up to 5 working days for a standing order to reach Wonga's account, then the dates for each of my repayments will have to move to the following Wednesday

 

Wed 23rd Jan 2013 - Would be moved to 30th Jan 2013

 

Wed 20th Feb 2013 - Would be moved to 27th Feb 2013

 

Wed 20th Mar 2013 - Would be moved to 27th Mar 2013

Wed 17th April 2013 - Would be moved to 24th April 2013

 

Wed 15th May 2013 - Would be moved to 22nd May 2013

 

 

 

 

I will only communicate in writing and failure to respond fully would imply that Wonga are not addressing my issues regarding my financial situation fairly.

 

Below is a copy of my initial email dated 30th Dec 2012.

 

I have omitted my email dated 30th Dec for this post because it isn't relevant. I hope this does the trick. incidently the 2 files are a PDF file of an anonymous income/expenditure form from Stepchange (CCCS) and a spreadsheet version of the same. Opinions would be welcome.

Edited January 6, 2013 by mahharg

[mahharg]

Got a letter from Barclays "Debit card operations"regarding cancelling CPA it States:

 

 

Dear Me

 

A request has been issued on your behalf to WONGA to cancel the "continuous authority" via their bankers. You should allow 31 days for the cancellation to take effect, which should prevent them from processing further debits to you account. However if they do continue to debit your account after this period of time, Please telephone us quoting the enclosed reference

 

This seems different than what I expected.

1) I understand that the cancellation should be instant.

2) I asked the bank to block the CPA. I did not ask them to contact Wonga to block it.

3) It seems that Barclays may have not blocked it at all, instead simply requesting Wonga to stop.

 

What did you think!

[mahharg]

Hi all

 

I sent the following letter to Barclays in early January 2013

Dear Barclays

 

Due to unforseen circumstances I am currently in financial difficulties. I will be paying £30 per month as a gesture of goodwill until my situation improves. I will contact you again in 6 months with an update of my situation unless it improves sooner. Please advise me your account details and what reference I should use so I can set up a standing order.

Could you please as a reciprocal goodwill gesture, freeze the interest on my account.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes issued by the relevant bodies and authorities that govern you and the way you conduct yourselves, I shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account, as your actions would do nothing to help me.

 

I must point out that I am very unhappy the way that Barclays have treated me. I feel that I would not have been in such a critical financial situation had Barclays followed the Conduct of Business Regulations (BCOB). The regulations give legal obligations for Banks to follow which requires such Banks to treat customers fairly and includes Rule 5.1.1 that states banks must not:

Refuse to discuss financial difficulties and to suggest positive solutions

Refuse to accept reasonable repayment proposals on the evidence of an income expenditure schedule

When I first contacted you in the latter part of 2012 to state that I could not afford the contractual payments on a 2 year loan, I requested if I could restructure the loan so it would reduce the payments and the loan would become a 5 year loan. However I was informed that because the loan was less than 6 months in length, nothing could be done. I was further informed that I would have to miss a payment and fall into arrears before some help may be offered. I believe that Barclays have broken the BCOB because of Refuse to discuss financial difficulties and to suggest positive solutions.

I spoke to the collections department on 31st December 2012 to offer a proposal of repayment but was told that it would not be accepted unless I approached a debt management Company. I was told that any proposal from myself would be rejected. I believe that Barclays have broken the BCOB because of the Refusal to accept reasonable repayment proposals on the evidence of an income expenditure schedule.

 

I am currently seeking further advice regardin my treatment

 

I will now only correspond with you in writing either via email/post

 

I look forward to your response.

 

Yours sincerely

mahharg

 

Barclays have since written back stating that they are looking into the complaint and will reply by the 4th Feb 2013.

 

I got another letter on the 4th Feb stating that more time is needed and they will reply by the 4th March.

 

Today (12th Feb 2013) I got another letter stating:

I'd be grateful if you would provide me with a completed budget sheet (enclosed), which I need to in order to resolve your complaint.

 

I'm not sure how to respond.

 

1) I can't see how a budget sheet would help resolve the complaint and in any case I understand that I am under no obligation to supply this, only a court can ask for it.

 

2) Since my letter I have had no confirmation that they will freeze interest as a reciprocal goodwill gesture. so should I pay what I said I will or should I only pay £1 because they haven't yet agreed to freeze the interest.

 

This has thrown me a little and I am half thinking not to respond and simply pay the £1 per month, as stated in my initial letter to them.

[mahharg]

I've just had a read back on this thread and I feel that in order to get a default placed on my credit file, which is what I want, I should not send anything back to Barclays and simply pay my agreed goodwill gesture payment of £30 a month.

 

I don't want an arrangement to pay marker so sending the budget sheet could backfire. I'm now 3 payments behind on my credit file so hopefully not long before a default is placed.

 

If I am wrong then tell me please.

[mahharg]

Barclays have again written back to me dated 4th March 2013 requesting me to submit .

 

The letter states

I wrote to you on 11 February 2012(actually 2013) asking for additional information about your complaint, but have not as yet received a reply.

 

I would be grateful if you would send the information listed below.

 

A completed budget sheet

 

When you have provided this information, I will continue my investigationnand would expect to be able to provide my full response to your complaint no later than 4 April 2013.

As our investigation is taking longer than expected , you now have the option to refer your complaint to the financial Ombudsman Service if you wish.

 

If I do not hear from you in the next 10 working days, I will need to assume you no longer wish to proceed and will confirm closure of our complaint file in writing.

 

1) I can't see how a budget sheet would help resolve the complaint and in any case I understand that I am under no obligation to supply this, only a court can ask for it.

 

2) Since my letter I have had no confirmation that they will freeze interest as a reciprocal goodwill gesture. I actually contacted Barclays via phone asking for account details to pay the goodwill payments of £20 per loan. They have never as per my complaint sent me these details, but felt if I was pro-active in arranging payment leaves them with little that they can do.

 

3) I never actually meant this to be an official complaint but was highlighting their failings as part of the reason that I am making reduced payments. I did this in the hope that Barclays wouldn't take legal action because they would be aware that they actually failed to assist me in my hour of need as per guidelines.

 

I am now considering my options.

1) Should I submit a budget sheet so then it can be fully addressed and maybe they may admit their failings and assist me maybe freeze interest for the duration of the loan?

2) Should I ignore the request and carry on paying the £20 per loan and wait for them to default me, then maybe sell the loan then hopefully interest will be frozen?

 

The thing is the budget sheet would show that I could maybe afford to pay more than I am but I am paying of family and friends in full because I become an outcast if I don't.

 

Please advise if you can.

 

Thanks

[mahharg]

I've had a final responsefrom Barclays.

 

I initially phoned them in November 2012 to state that I was struggling financially and requested to rearrange one of the loans from a 2 year period to something that I could afford, like a 5 year period.

 

They confirmed that I did request this, but have stated that this is not their policy to do this.

 

I am sure that the BCOBS regulations state that this option should have been considered by Barclays.

 

So where am I at now:

 

They have agreed to freeze interest for the time being. The loans will be passed to collections.

 

Barclays failed to assist me when I initially approached them, informing that I was struggling financially. This was a contributing factor when I drifted back into my old gambling routine to initially try and win my next due payment. As I have learnt the hard way this doesn't happen and inevitably lose. I started to take out payday loans to help me along. This has now spiralled out of control. On Friday 10th May I took the decision to write to all my payday loan lenders to inform them I can't pay.

 

I have had sleepless nights with worry, I have split up with my long term girlfriend and am just feel depresses and don't want to do anything. From the moment I wake up, it is all I can think about.

 

I honestly believe that had barclays agreed to my initial request, I wouldn't be in this mess.

 

I will try and post a copy of the letter tonight.

 

If anybody feels I should take the matter further please reply.

 

many thanks

[mahharg]

I've upload the "final" letter from Barclays

 

I feel there are certain aspects of the BCOBS that they may have broken. here is an extract of an earlier letter that I sent to Barclays

The regulations give legal obligations for Banks to follow which requires such Banks to treat customers fairly and includes Rule 5.1.1 that states banks must not:

Refuse to discuss financial difficulties and to suggest positive solutions

Refuse to accept reasonable repayment proposals on the evidence of an income expenditure schedule

When I first contacted you in the latter part of 2012 to state that I could not afford the contractual payments on a 2 year loan, I requested if I could restructure the loan so it would reduce the payments and the loan would become a 5 year loan. However I was informed that because the loan was less than 6 months in length, nothing could be done. I was further informed that I would have to miss a payment and fall into arrears before some help may be offered. I believe that Barclays have broken the BCOB because of Refuse to discuss financial difficulties and to suggest positive solutions.

 

I spoke to the collections department on 31st December 2012 to offer a proposal of repayment but was told that it would not be accepted unless I approached a debt management Company. I was told that any proposal from myself would be rejected. I believe that Barclays have broken the BCOB because of the Refusal to accept reasonable repayment proposals on the evidence of an income expenditure schedule.

Another thing they have done. I've just got a statement showing how much interest is coming out. I also got a letter stating that I am to be charged a £22 reserve fee. This after the attached letter informing me that the current account is to be closed and interest frozen. I was also advised on the phone over a week ago, that because it is in the process of being closed, it would be a good idea not to use the account, thereby leaving the balance in reserve. They better not try and add £22 per week.

 

What's your opinion taking everything into account, should I take this further or be satisfied that they have frozen interest.

Edited May 12, 2013 by mahharg
Had to changed attached file.

[dx100uk]

[ATTACH=CONFIG]43782[/ATTACH]

[mahharg]

mines different. I'm guessing that's not on XP.

[dx100uk]

 

that'll explain it!

 

dx

[signal12]

Is this thread still active?? Advice needed....

 

Currently on DMP with numerous creditors... 3 have defaulted me but I continue to pay... Fine they will be gone in six years... However all my others have AP or DM markers.... My DMP is due to last 4 years so technically I'm screwed for another 10 years?!?

 

So shall I just stop paying all my creditors until they default me?? And then recommence payments??? Saving me a good few years of a bad CRA??

 

I apologise I have learnt about this from your misfortune... But now thinking last year do my DMP has been a waste!!

[dx100uk]

the ico are already down on record that ap or dm markers for years are unfair.

 

complain to the ico

 

dx

[signal12]

the ico are already down on record that ap or dm markers for years are unfair.

 

complain to the ico

 

dx

 

Or if not successful with CCA'S request creditors to change markers to default?

[BRIGADIER2JCS]

The ICOs latest "take" is that CRA records should show the accurate conduct of the account making it more difficult to challenge AP & DM markers.

 

 

The 2014 ICO Technical Docs are on their website.

[signal12]

The ICOs latest "take" is that CRA records should show the accurate conduct of the account making it more difficult to challenge AP & DM markers.

 

 

The 2014 ICO Technical Docs are on their website.

 

 

Hmmm I may just default on all accounts then before beginning repayment again. Seems such an odd way to do it

[mahharg]

Hi Signal12 and others.

 

Wow I can't believe how old this thread is.

 

I agree with you signal12. Write to them politely asking for them to change from AP to default. If they refuse, then you may have to break your arrangement. Perhaps just pay a token £1 until a default is placed on file.

 

I found this dated Jan 2014 with extracts below the link.

 

http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

 

from this website

 

http://ico.org.uk/for_organisations/sector_guides/finance

 

If your lender agrees to give you a temporary arrangement, but you fail to make the agreed

payment against the new terms, they may still file a default (see Principle 4 below) as soon

as a payment is missed, as long you were at least 3 months in arrears on the original

agreement.

 

If an arrangement is agreed (see Principle 3 above), a default would not normally be

registered unless the terms of that arrangement are broken.

[BRIGADIER2JCS]

It is important to read the ICO Guidance that is current much has changed!