Laving London after 10 years but still £15k on debts

[rubens]

Hi you all

 

Decided to leave london for a sunnier place after 12 years!

 

My problem is that I have almost £15k of debts split as follow:

6K barclayloan

4k barclaycard visa

4k Barclaycard mastercard

1k Mbna card

 

My intention is to leave for xx(not Europe or Canada) as my wife is from there and I should have good opportunity there as a (my profession).

 

I have been repaying huge interest(22-27%) on all these cards from almost5yers and and already repaid back more than the original amount of £5k each

Managed to repay some of the amounts owed as 2/3years ago total debt was almost30k(16k on cards and15k on loan)

My loan was for £12k,(16%apr) total repayable £17K so almost repaid all the money but interest.

 

As I am not sure if I will be able to keep up repayment once left Uk(have to see how long it will take for my businnes to take up(im self-employed)

 

My 1st. question is should i notify bank of my new address in xx? As this is my intention

 

My 2nd. is what would happen if for any reason I can't keep up repayments?

 

My concer is that they can issue a CCj against me saying that I did it with the intention of defrauding them... I will need to come back in London twice a year for shoots with a xx here that does advertisement with me.

Need that as they give me almost 15k for two shoots,summer and winter collection and this will help me set up business in xx as quite a lot of money there(almost 40k xxx)

 

Will I have police waiting for me when arriving at airport???? Help!!

 

Last note, I am european and depite having worked in London for almost 10years my residency is still out uk at xx.

 

Hope anyone can help as confused about possible consequences of my defaulting payments(never done so far) but at the same time can't put my life on hold only to repay the huge charges that Barclays keep imposing on me, need to move on now and try to get the best for me and my wife.

 

Thanks!!

Edited March 14, 2009 by rubens

[BankFodder]

Have you served requests for CCAs and how much of these debts is comprised of charges?

[rubens]

Sorry very new to these matters, CCAs stands for Conty Court or consumer charges??

 

not sure how much of the debt is still charges as it won't say anymore on barclays website how much of the loan is repaid and how much is still interest but debt is going down of almost £120 a month out of a £225 payment

 

the two barclaycard managed to pay balance last summer and shifted Mbna card twice on them so I am payng 6.9 balace transfer rate on them. £100payment each mont for both of wich £30 interest and £70 toward debt(only managing to do minum repaiment)

 

Paying 15.9% on the £1k MBNA balance now.

Been paying 22% on MBNA 5k for 3years

Been paying 27% on barclays visa 5k for 5years / and barclays mastercard 5k 3years

 

Thanks a lot for help!

Edited March 13, 2009 by rubens

[cerberusalert]

If you send a SAR to Barclays stating all three account numbers you will receive back a copy of your credit agreements and statements of all the charges made. From this you will be able to determine two things, firstly whether the agreements are enforceable or not and any unfair bank charges which you could reclaim.

 

Any agreements which are unenforceable you can more or less forget about as they would be unable to take any legal action to make you pay. Any which are enforceable any balance owing should be negated when you reclaim any charges.

 

You will have to send a seperate SAR for you MBNA card as it is a different company, but the same applies as above. The SAR will cost £10 and they will have 40 days in which to supply you with the data.

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[cerberusalert]

Sorry very new to these matters, CCAs stands for Conty Court or consumer charges??

It is an abbreviation for the Consumer Credit Act or Consumer Credit Agreement. Usually we say send for a CCA meaning 'send for your agreement under the consumer credit act'.

 

My concer is that they can issue a CCj against me saying that I did it with the intention of defrauding them...

 

This is purely a Civil matter not a Criminal one, so there would be no police waiting for you if you came back to the UK. Even if they managed to acquire a CCJ here they would have great difficulty trying to enforce it in NZ. Although there are reciprocal arrangements between various countries they would still need a court order in NZ to enforce a UK judgement...then again it is a Civil matter. Besides it is not a crime not to notify a creditor that you have moved.

[rubens]

Hi Bankfodder, sorry now realised CCAs stand for consumer charges agreement.

I have the original for the MBNA.

 

I have CCA of the barclaycard mastercard as this was once Morgan Stanley subsequentely bought by Barclay. (but it is a MorganStanlyCCA)

 

Havent got CCA for Barclay visa (paid PPI on it for 3years before realising it and cancelled it)

 

Have got the CCA for the barclayloan but this was for the first loan including PPI that i cancelled within 14days and they never sent me the new CCA for the loan without PPI

[cerberusalert]

You still need them to prove that they have an enforceable agreement, the onus to prove a debt exists is with them. That's why you need to send either a SAR or a CCA request.

[rubens]

Thanks Cerbelusalert

 

Will do so then, as I must have paid 2/3k on charges since may2000 for going overdrawn of few pounds as didn't have overdraft facilities for years.

Also paid PPI to barclaycard gold without really understanding that for 3/4years on a 5k balance(£70 PPI month)

 

Note: My loan is from 2005 and all my cards 2003 to 05(except my new barclay mastercard but that was previously a Morgan Stanley from 2005 that got transferred to barclays in 2008, never signed anything with barclays, have got the original CCA with morgan stanley only)

 

One question, as I will be leving in august and will need to keep an account in Uk and have no trouble before leaving, should I wait to leave and then start the process or do it now?

 

Also would be better to open a basic account now with another bank so can use that if I get in dispute with barclays?

 

Thanks a lot!!

Edited March 13, 2009 by rubens

[rubens]

Thanks for the letter template cerberusalert, after receiving all papers how do I do to know if they are enforceable or not and start the process to dispute or recover unfair charges?

 

 

Thanks for your time!!!

[cerberusalert]

It would probably be easier if you opened a 'parachute' account with another unrelated bank.It would prevent Barclays 'offsetting' between accounts.

 

One question, as I will be leving in august and will need to keep an account in Uk and have no trouble before leaving, should I wait to leave and then start the process or do it now?

 

That is up to you, but if you decided to reclaim I would have thought it would be easier to deal with it in the UK particularly if you don't want your creditors to know your new address, especially as they do still hound people by telephone & mail even when abroad.

[rubens]

Guess you are right Cerberusalert, so I don't have to notify barclays of my new address and this would be better I think.

Only I have an overdraft on my account of about £3k and use this to make various payment as bills and rent and generally to keep business going... tough times now around.

 

Will they freeze my account and this facility? as this could be very bad for me as need to keep going until august?

[cerberusalert]

Thanks for the letter template cerberusalert, after receiving all papers how do I do to know if they are enforceable or not and start the process to dispute or recover unfair charges?

 

When you get the paperwork back if you scan the agreements, remove any identifying details and post them back here we'll be able to tell you whether they are enforceable or not & what to do next.

 

Will they freeze my account and this facility? as this could be very bad for me as need to keep going until august?

 

That's why you should have a 'parachute' account up and running before you start asking them for the paperwork. You should be able to open a basic account with the Cooperative Bank for instance, which you'll be able to set up direct debits with etc. If you really need the overdraft facility my best advice would be to start the process later rather than sooner because there is every likelihood that they will freeze your account.

[rubens]

Thanks Cer!

 

Will open new account first at xxe as very close to me and they are not in xx. Will then start to see what possible to do with the barclay issue, not much bothered by MBNA as only 1k there will probably pay that even if the charged me a lot of times for going over the limit...

 

Should I post the CCA on this thread when I have them or start a new one??

 

Made a donation to CG already hope it helps!

 

Thanks for your time

Edited March 14, 2009 by rubens

[cerberusalert]

Should I post the CCA on this thread when I have them or start a new one??

 

Made a donation to CG already hope it helps!

 

Yes you could post it here or even the 'Barclays' section Barclays Bank - The Consumer Forums

[rubens]

Thanks for all your answers

 

If I get in dispute with Barclays before leaving this means that they have to freeze all charges and legal action and also I can stop payments until dispute is resolved?

 

As this would be the perfect solution to my problem about leaving with this cancer debt I have!!

 

Thanks again for your help Ciao!