my fault or barclays?

[Darkmatter]

HI guys, this is my first post on here, read up on mr moneysavingexpert etc and sorted a few debts off my own back but this one has got me a little worried...

 

few months back I changed from Barclays to alliance and leicester (sorry santander now), having read they were a "better bank" to be with. so after a messy long winded change over I was left with a debt to barclays of about £150 in my personal reserve, not agreed overdraft, just before i changed over completly I put in for my bank charges claim too through the martin lewis website letter templates etc and "awaiting outcome of test case", but this over draft thing is now up to £287.31 and it has been passed the "collections department". now i understand its probably my fault for not sorting it sooner but other bills/ car problems and all the other cr*p life throws at you came first.

 

Can anyone help on how to resolve this either by telling me how to completely remove this debt or atleast the charges, and I pay back the £150 over time.

[slick132]

Hi Darkmatter and welcome to CAG.

 

Have you filed a court claim yet for the return of the charges. If not, you should do so now.

 

I assume, as it's for recent stuff, you have all the necessary statements with details of charges/reserve fees and interest charged.

 

If the £150 debt that was left was made up of charges, you should reclaim the charges and all associated interest.

 

If some of the £150 was not in respect of unfair charges, you may have to repay this to B's to settle the matter.

[thesergeant]

I take it the overdraft etc is made up of charges applied to your account?

 

Even if you have the statements you need to make a subject Access Request, as the information you are seeking includes manual intervention, charges calculated etc which is important as you progress your claim.

 

You need to not only make an initial request for the charges to be repaid, but also state that the account is in dispute - this gives you the possibility of preventing debt collection action.

 

Consider sending a Consumer Credit Act request - this can arguably apply to overdrafts etc - but again it assists you in stopping/delaying debt collection. If a DCA is assigned write to them stating that the account is in dispute. Also consider using CPR requests.

 

Of course if they have all the documents this may cause you problems - but if this is caused by bank charges then you should be able to progress to a claim which may be stayed - you may then be able to delay any DCA until the OFT case is complete.

 

Good luck ..............

[Darkmatter]

Thanks for you replys guys! im going to have to look through my statements and see if it was my fault or their charges for the £150 extra usage fee, i know since that time the extra charges have been added are down to barclays but as im not in "hardship" ill have to wait for the test case in OCTOBER (I found out on GMTV today) to end, is that right? unless i go though a claims compnay which is alot of hassle for £150 no?

 

Thanks again

[slick132]

Hi DM,

 

Using a claims company won't speed things up at all as any claim will still be Stayed until the Test Case is over. And it'll probably cost you more than the claim itself.

 

When you discover what you need to reclaim, send off a Prelim Letter. Read about the whole process in the Reclaiming Guide at Link No1 in my signature below.