Barclays - Defaulted but no default notice !

[rutland1]

Had problems with Barclays a few years ago which ended in them issuing a default notice (reason below). However, I have never had a copy of the default notice. Surely this is wrong, for starters i had no possibility to challenge it or defend myself. I think this is perhaps my only way of getting the default notice lifted (their failure to send it rather than reasoning on actual events and their cock ups)

 

Briefly this came about by me moving house and changing both personal and business accounts at the same time. To cut a long story short, they were writing to me at my old address and ignored my change of address correspondence. Even after telling them i had moved they sent some letters to my old address (they even acknowledge this in one of their letters.) I have written to the Financial Ombudsman and they sided with Barclays, now my only defence is a lack of default notice.

 

My problem was i didnt cancel a direct debit (approx £16 per month) and they continued to pay it and add charges and interest to the account. (statements going to old address) The charges and interest went to approx £1800 which i cleared but they still defaulted me. All this was done 'in house' by Barclays.

 

I have successfully claimed back all bank charges and interest on the account but have refused to accept the payment until they remove the default notice. (yes i know, sounds stupid and i could do with the money but this is a point of principle).

 

Finally i sent Barclays a SAR in mid Septmeber (they missed the 40 day deadline) and all i received was a summary of charges from dec 02 to Jun 06 (consists of 4 lines on one sheet of paper - totally useless). What else should they have sent? Copy of the default notice that doesnt exist would have been helpful !

 

Help please.

[reallymadwoman]

I presume you are asking them to remove a default registered with the credit reference agencies, which doesn't necessarily mean a default notice as defined in consumer credit legislation was issued.

 

They should certainly have sent you rather more information than one sheet of paper, particularly as you seem to have been in dispute for quite a while - they should send copies of all your letters to them and their replies as well as any other information which they hold.

 

Would there have been any negative balance at all without the charges and interest?

[rutland1]

Yes, there was a direct debit that should have been cancelled which brought all the charges and interest. Fighting this on the grounds of common sense is a non starter.

 

I need to know what i should have got in a SAR?

Should i have had a letter informing me of a default notice?

Surely o both couts they have not acted correctly.

[reallymadwoman]

All I can tell you is what I got from two banks, neither of them Barclays. I got masses of printouts with mostly coded information about letters sent out etc - and that included default letters - as well as copies of nearly every letter that had passed between us and the FOS.

 

Did you ask for everything in your request? It could easily be a case of right hand and left hand acting entirely independently and someone has just assumed you want to claim charges without knowing that you've already done it.

 

A straightforward letter repeating that you want everything might be the simplest way to get what you want.

[rutland1]

Thanks for your comments, perhaps i should write back asking to see a copy of the default notice.

 

I know that they are obliged to send a written copy of a default notice, just wondered if anybody had any experience of how to start under these circumstances?

[rutland1]

Anybody got any help/experience here please?

[Wilma Shoozfit]

Hi Rutland

In response to my request I receieved

6 years worth of statements from the date of my DSAR

Computer data printouts for all the accounts they had for me, these they called their Data Subject reports - this included all kinds of stuff like telephone logs, credit changes PPI etc (the DN should be logged in these printouts)

Screen print copies of letters they sent to me

A microfiche copy of my application form which I particularly specified in the DSAR

 

By the way I did have to issue a claim to get them to comply as they wouldn't sent me my missing statements or the credit agreement.

 

They do take their time in responding to DSAR's, and never work to your time table. Send them a letter saying they have not complied with your SAR and tell them their are required to send ALL information held on you and give them 2 weeks to comply and see what they come back with. If you banked with them they should have sent you data on these accounts too.

 

Cheers

 

Wils

[rutland1]

Thanks Wilma, sent letter asking for ALL information to be sent. Wait and see what happens

[rutland1]

Sent them another letter Wilma and bingo ! had a letter back from Barclays asking me to sign and agree to pick up my SAR info from the local branch.

 

At least im getting somewhere, but it is painfully slow. Will need some help when I get it folks please.

[rutland1]

Need some advice please.....

 

I requested a SAR from Barclays which arrived albeit late but there does not appear to be a copy of a Default Notice.

 

Am I right in thinking that there should have been a letter sent detailing their intent to default me? (on checking with the various credit reference agencies I have certainly got a default against my name)

 

All I seem to have is a Termination of account letter.

[jon_boy75]

they dont need a default notice for a bank account, trust me, I've been through this.

however, if they repaid you the charges some time ago and then defaulted you on the same account, you do have a chance...that's how I got the judge's attention in my case

if they repaid you, it doesnt make sense that they can then default you...or should invalidate the original default

I will keep reading your posts and try to help.

You absolutely must take them to court, they wont take you seriously otherwise

[rutland1]

Thanks jon boy, im really not sure what to do and wonder if im wasting my time.If you say they do not need to send a copy of a default notice then im wasting my time.

 

I have successfully claimed back charges and interest on the account but have refused to accept the payment until they remove the default notice.

 

In hindsight i should have taken the money but how many of us thought the financial ombudsman would cock up the bank charges case?

[jon_boy75]

don't lose heart just yet, it all depends on what they did and in what order

 

did they default you after you claimed charges back or before?