Where the hell do I start?

[leilani]

I have been looking through the forum these past few hours after being directed here by Google after receiving a phone call, then a text message from an unknown company called RMA saying urgent I had to call them. I know realize it's a debt collection agency regarding a closed unpaid joint account which I will get to in a mo.

 

In trying to get an idea by reading some of the threads of what action to take against barclays bank, other issues have been highlighted too, hardship claims, reserve fees and not to mention the constant harassment from Barclays over this joint account...I am at my wits end as to where to start and extremely bedazzled by all the jargon and avenues to take, so I apologize in advance but would appreciate some help in finding what direction I need to go.

 

To summarize:

 

I am self employed and work has been minimal these past few years.

 

I have a chronic medical condition that hinders maintaining full/pt time work, hence why I am self-employed, I can work when I can and on my terms illness allowing.

 

In 2008 my then husband left leaving 2 months rent on the house we were living in together.

 

He transferred all our savings in the region of £60,000,00 off shore, it was in his name (he refused to put it into both).

 

Upon his leaving he promised to cover joint account with x amount so I could pay off owing 2 months rent and the joint account well over the limit, and bills that were outstanding from when he was still living with me. He paid a third of what he promised.

 

So, Joint account was over the overdraft limit in the cushion limit, his amount brought it just under the overdraft limit. All was well for a time, no charges etc, thought it would get settled upon my settlement...well that never came. Then barclays introduced this reserve fee, and I overwhelmed with my illness and trying to find some income didn't realise what this reserve fee was all about, basically I didn't read the paperwork. He drew out money and of course it went over and it spiralled from there with the threatening letters. I have paid about £400 in total off a £1500 over draft.

 

I have spoken with barclays on couple of occasions, telling them that I was not earning very much at all to live, up to my eyeballs with my credit cards due to paying off bills and trying to survive, on housing benefit, not bring much income in at all because of the climate and stress and offered them £20 per month. They refused, said I had to pay such and such within 6 months which I just couldn't do. I did pay a few installments as above for 3 months then a lump sum which I sold something just to get them off my back but it just got worse after that...

 

The harassing phone calls continued up to nearly hour a day from 8-9pm at night, the threatening letters etc, basically now I have just ignored them...can't deal with it and CAB is as much use as a chocolate teapot, just told me to send the standard letter stating they were breaking some law...i also included a statement saying I was unable to pay the full amount and that I had offered a certain amount each month but they had refused and it wasn't all my bag anyway, what were they doing about my ex? They looked into it via the complaints procedure and basically responded with we don't care, pay up or else letter...

 

I didn't hear anything for over the last 1 month and a half, no letters no calls then the account disappeared of my internet, and I thought maybe he's finally come to his senses and paid the amount off...but the quietness is due to it going to this RMA...

 

What now? They are hassling me now, I am still without a regular income and on top I am constantly being charged reserve charges on my personal account, once your out of sync your screwed...they have taken hundreds in charges nearly up to the £88 per month over the last two years...

 

Can't take any more, this is a bank i have my business account with they know exactly what I have come in, as well as my personal, I have no other accounts with any other bank. I have brought tens of thousands over the years and it's been a long time, yet Barclays have treated me so badly when I was left with nothing and in such debt and begged for help they refused yet gave the person who put me there with a loan of £2000. (Yes little bitter there) I just can't get out of this vortex and I need help, I know I have stuck my head in the sand, and I am paying for it believe me...I would be truly grateful if someone could point me in a direction that will make my life better.

 

In hope....

[MandM]

Hi leilani, welcome to Cag.

 

I think that - first things first - and as difficult as it may seem - you need to get out of Barclays!!! and pdq IMO.

 

There's a link on here (somewhere) for opening parachute accounts and if nobody posts it up i'll find the link for you. Once that's done don't speak to the DCAs again! It's easier than you think. Most of us have been there.

 

There's a few peculiar issues here and i'm sure many will post up soon regarding these.

 

M

[bazaar]

yep get new accounts set up, with a bank thats NOT related to Barclays. they obviously are not interested in chasing your ex, because theyve hooked you. Now over the next few days, you'll read up on how Barclays treat people, you'll find youre not alone.

You dont have to speak to anyone on your phone, ( theres template letters to deal with this). As far as transferring your money offshore, were either of you registered as non resident? ( just thinking aloud here).

Do you have evidence of ex leaving? ( Divorce papers or seperation etc?). you'll also need to send a dispute letter to Barclays so you can draw a line in sand here. This will give you some leeway later on as regards charges etc.

last but not least,

remember, youre not on your own here. people will help as much as they can.

Get your S**t together and we can set about dealing with Barclays.

[Rooster-UK]

Parachute account.......

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/58685-do-you-need-parachute.html

 

This will give you back control of your money and allow you to start sorting out the other problems without worrying about Barclays.

 

Regards, Rooster.

[leilani]

Ooo thank you for responding!

 

Right parachute account...opening another account, i did try to do that with Nationwide but because it wasn't going to be main account it would cost me £100 to open it...would also be in my married name (my accounts are still in my maiden name as I didn't see the point of changing them) which I have technically reverted back to anyway, bar my passport which I can't friggin afford to change, as a bank account needs your passport to open it with don't know it this is wise or not...will have a look at link in greater detail!

 

There will be lots of peculiarities too ex husband was South African, yes I have my decree absolute, and all paper work, including all my bank statements from when I first opened my account..very anal! lol Also keep all records for yearly accounts...

 

However, they did stop sending the statements for joint account which were sent in his name originally. I told the bank on the phone when they first caught me, why were they chasing me alone, they said they were him too, but i didn't believe them, and they told me I was the primer holder???? I did point out that if I was the primer holder why did the statements come in his name and not mine?? So yes I am the one that is hooked coz I have the conscious, sense of responsibility and absolutely no sense being otherwise!

 

I will take everything thing in, it may take me a while but many thanks please continue with any more advice, those who have commented have already perked my spirits up already, bless you!

[slick132]

Hi Leilani,

 

Do you still have any contact with your ex and do you know where he is now, ie in the UK or elsewhere ?

 

Open any a/c so you can get your mony paid into it, and keep it away from Barclays.

 

There's a letter you could send to the bank to try and stop them taking money, including benefits, that is supposed to be used to pay priority bills like rent, council tax, etc. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html

 

But I think you should really concentrate on opening a basic bank a/c asap.

[leilani]

Do you still have any contact with your ex and do you know where he is now, ie in the UK or elsewhere ?

 

At first when he left all his statements were still coming to my home for about a 6 months, he refused to tell the bank where he lived in case he could be tracked and divorce papers served on him. He was tracked by PI regardless, they stopped coming. That's how I found out that he had got the loan. Since then he has moved around to many places and I assume not updating his whereabouts and using his internet connection to get an idea of what is happening in his own accounts.

 

So answer no idea where he is...although I believe he is still in the country.

 

Open any a/c so you can get your mony paid into it, and keep it away from Barclays.

 

Will look into it finding parachute account today.

 

I am thinking of closing my business account anyway because the little money I get coming in and the blinking charges they take from that alone for receiving it could quite easily (being self-employed) be put in my personal account and accounted for tax wise.

 

There's a letter you could send to the bank to try and stop them taking money, including benefits, that is supposed to be used to pay priority bills like rent, council tax, etc. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html

Thank You slick, I will have a look at this because that's exactly what's happening.

[slick132]

Hi Leilani,

 

You've mentioned the £2,00 loan a couple of times, but I can't see where this fits into your problems. Is it in joint names but taken out solely by your ex ?

 

Barclays probably won't let YOU close the business a/c while monies are owed on it. More likely you'll have to leave it with them and they'll close the a/c and then start chasing you for what is owed.

 

When you have your new a/c opened, use this for your business income as well if you can. There should be no problems doing this if the income is not too high.

 

As regards accounting, income tax and HM Revenue and Customs, just keep good records to show what business bankings have been put into the new account, or to show any business income received in cash.

[leilani]

Hi Leilani,

 

You've mentioned the £2,00 loan a couple of times, but I can't see where this fits into your problems. Is it in joint names but taken out solely by your ex ?

 

Sorry Slick no the £2K loan my ex husband got on his own personal account (as he had transferred all savings out of country) that's just me being resentful at Barclays favoring him and not helping me when I had been with them for years, and begged and cryed for help to increase my overdraft to cover bills and keep the roof over my head that he had left me with...so pay no attention to that!

 

Barclays probably won't let YOU close the business a/c while monies are owed on it. More likely you'll have to leave it with them and they'll close the a/c and then start chasing you for what is owed.

My Business account is not in trouble, it doesn't have an over draft and is in credit a wee bit, and I am talking a few pounds here : )

 

When you have your new a/c opened, use this for your business income as well if you can. There should be no problems doing this if the income is not too high.

 

Income high...lol! Sorry, I am freelance web designer and a niche one at that, i have never reached the tax bracket and especially so for past two years, hence why I have housing benefit to cover my rent. Which is all above board by the way.

 

I was his company secretary, P.A., Book Keeper, slave and didn't even have a share in his company! Yes I got the nominal wage for tax purposes and so my little business was what gave me money for personal things, which ended up on bills and things for home anyway...it then had to support me, well as you can tell it hasn't!

 

As regards accounting, income tax and HM Revenue and Customs, just keep good records to show what business bankings have been put into the new account, or to show any business income received in cash.

 

Yes I do that anyway : )

 

 

From what I have established here today reading the very long thread on Benefits and banks taking it when they shouldn't is that I have two issues here with one bank.

 

My personal accounts continually becoming overdrawn and charges applied copiously when most of the money that comes in is from Housing Benefit. On the rare occasion's I earn some money, or sale something to cover a bill that however goes in too. I also have a son who lives with me who's 23 and all taken into consideration with HB, he gives me small amounts of money to cover his keep. I also have now taken to cashing cheque at Cheque Converters in order to get cash to put in and try to get it in bank sooner as it normally takes 7 days (i have receipts for all cashed cheques too) So, here's a possible dilemma, I understand I can claim charges back on ground of them taking my benefit but they may deny me on the grounds that I have other income... If I can claim back do I only do it for the time my benefits started going in 2008? I know people were getting charges back for another reason, just wondering if I still had that ability too. (one can always hope)

 

I am still trying to work out the steps in which to start by the way on this...

 

I have a cheque due, it will have to go into bank, will not have opened up an account by then assuming I will be able to, so from what I understand I have to write a letter of "Right of Appropriation" before depositing cheque...is that correct?

 

Then there's a Subject of Access Request to find out what the charges have been in order to provide proof of the charges...do I need this or can the statements that I have already be enough? Do I have to send originals, and I am still not sure what letter I am supposed to send with that either as yet.

 

Okay well i am kind of getting there...

 

The other issue is the joint account that RMA the debt collectors, I presume I have to write to someone about this and provide them with something to tell I basically can't pay it, would someone be able to give me a push in the right direction?

 

Truly appreciate your help...and I am sorry if i seem a bit dim I have M.E. and mental strain such as reading and comprehending legal jardon tends to fog me brain up a wee bit and send me out of this planet!

Edited January 13, 2010 by leilani

[slick132]

Be aware that the bank can also apply the "Right to Set Off" between a/c's so, if you pay money into the business a/c and assume you can use it to pay something, Barclays can take it towards the debt on any other a/c you have with them. This is why it's important to open a parachute a/c to pay money into.

 

I appreciate you may not have the time to do this, but it's makes sense for you to use the cheque, which you haven't yet banked, to OPEN a new a/c.

 

Otherwise, use the Right of Appropriation letter and take it into your branch when the cheque is paid in. Ask for a receipt for the letter as well, so you have proof if required.

 

I also think you should draft a letter to send to the bank asking them to stop piling on their charges and to refund those which have been taken out of your benefit payments. Keep it brief and send it to Barclays HQ in London. Read this thread - http://www.consumeractiongroup.co.uk/forum/barclays-bank/237888-mercers-debt-collection-agency.html#post2641296

 

A SAR is only needed if you DON'T have a/c statements to show what charges they've applied. I guess you have these, so forget the SAR and save the £10 fee.

 

As regards RMA, write and confirm that, while you accept it's a joint a/c, it is your ex who took the money and left the a/c overdrawn and you have nothing which you can pay toward this just now. Confirm that you will supply them with any address for your ex if you get one.

 

You say you managed to serve papers on your ex. Do you envisage him coming up with any money as part of a financial settlement, at least to clear the mess he left at the bank.

 

I'm off for the night but will be back tomorrow evening.

[leilani]

Be aware that the bank can also apply the "Right to Set Off" between a/c's so, if you pay money into the business a/c and assume you can use it to pay something, Barclays can take it towards the debt on any other a/c you have with them. This is why it's important to open a parachute a/c to pay money into.

 

Well, I am making provisions to put that in another account.

 

I appreciate you may not have the time to do this, but it's makes sense for you to use the cheque, which you haven't yet banked, to OPEN a new a/c.

 

Otherwise, use the Right of Appropriation letter and take it into your branch when the cheque is paid in. Ask for a receipt for the letter as well, so you have proof if required.

 

Okay, opened a A&L account today, the lady in there was fantastic and very understanding, in fact she gave me some outside info on a saving scheme too that when you reach a certain amount they let you take out small loans in the event you need it..."credit union" it's a system by all accounts that works very well in Ireland! I didn't need to use the cheque for that but had to cash it anyway because rent due very soon and I didn't want to have it swallowed up by charges! A&L opened the new one in 20 mins and I had to tell them who my bank was and give an account number...they opened it based on my business account...didn't need passport or anything! Course I am still over drawn at Barclays but I will have to sort that one out with what you say below...

 

I also think you should draft a letter to send to the bank asking them to stop piling on their charges and to refund those which have been taken out of your benefit payments. Keep it brief and send it to Barclays HQ in London. Read this thread - http://www.consumeractiongroup.co.uk/forum/barclays-bank/237888-mercers-debt-collection-agency.html#post2641296

 

A SAR is only needed if you DON'T have a/c statements to show what charges they've applied. I guess you have these, so forget the SAR and save the £10 fee.

Cool! Would I have to send in originals?

 

As regards RMA, write and confirm that, while you accept it's a joint a/c, it is your ex who took the money and left the a/c overdrawn and you have nothing which you can pay toward this just now. Confirm that you will supply them with any address for your ex if you get one.

 

Got a letter from them this morning, so I shall do what you say, and give them also an address which was given to me by my solicitor...if nothing else they can see that i have tried to comply and not just ignore, although that may mean absolutely nada...

 

You say you managed to serve papers on your ex. Do you envisage him coming up with any money as part of a financial settlement, at least to clear the mess he left at the bank.

 

Well that was for the divorce because he didn't want to get divorced, I am going to do the paperwork when I am in a better place, so yes a financial settlement is going to be sort after...whether i will get one is another story, if he's spent it I get thin air!

I'm off for the night but will be back tomorrow evening.

 

Many thanks Slick! Your a star, at least I don't feel so alone now wallowing in charges and despair

[slick132]

Hi Leilani,

 

That's great news about the A&L a/c.

 

To ask for the charges to be repaid, you only have to send them a list of the charges, not the statements. Explain briefly that ex left you these debts and you have no way to clear them but need your money for day to day living expenses.

 

Just use a spreadsheet on Excel to show dates and amounts of charges you want refunding. Or you could use a Site spreadsheet - see the Reclaiming Guide at Link No1 in my signature below.

 

You could also send Barclays a Budget Planner to show that you are suffering financial hardship. Should be a B Planner here - http://www.consumeractiongroup.co.uk/forum/letter-templates/146154-creditors-dcas-letter-templates.html

 

You're never alone with CAG !!

[leilani]

Okay been a few weeks now since I wrote here been busy getting my tax returns in.

 

What's happening so far, got new bank started using it. Have yet to get other bits off to bank re charges.

 

Most importantly, I wrote letter to RMA (debt collectors for Barclays) stating as you wrote slick. They continue to phone me even though I told them that I will deal with them via written correspondence.

 

A week or so later I received a letter stating that "Barclays plc has agreed to accept a settlement of my current outstanding debt". They totally ignored what I had written, and asked me to call a premium number to discuss!

 

I wrote back stating I will only correspond via writing; included "it's against the law section 40 of the administration of Justice act 1970 states that it is a criminal offense to harass for a debt" which was told to me to write by CAB and to stop calling me because I find the the constant telephone calls both distressing and alarming. I also included I would report them to the Financial Ombudsman if they continued. Not sure if that was right to do so but it made me feel better finally i asked them to send me the details of what Barclay's were willing to accept in writing which they had neglected to write in the letter in the first place. Once again no response to this letter, only phone calls daily....

 

What should I do about this? I don't want to speak with them, I get very flustered when talking and I don't want to agree to something because I am being pressurized into doing so.

[bazaar]

try not to get too flustered with them, poor things are fairly retarded:).

Try to have a little fun with them when they call, IE, when they ask to go through security questions just say no. theyll soon get fed up. dont give them any info over the phone, not even a reference number, you should have alook at fuzzybobbles' posts, youll get the idea.

Youre doing the correct thing by insisting in writing everything, so dont worry about what they say, its what they put in writing thats the key.

[slick132]

Hi Leilani,

 

Just don't speak to them on the phone - refuse to answer their security questions, tell them the calls are being recorded, and hang up.

 

A TrueCall device will stop them dead if they are calling your home number. The Consumer Forums - Telephone Recorders reviews.

[leilani]

RMA finally stopped ringing Friday, they obviously got my letter (even though I had sent it recorded nearly a week before) as today I get a response. However they have refused to acknowledge what I said regarding not speaking to them on the phone, to write what this supposed settlement offer is, and blatantly stating I have not replied!

 

Here's what they said:

 

"Dear....

 

We cannot help you if you do not call us and will not speak to us.

 

We wrote to you several days ago with an opportunity to resolve your debt with Barclays bank plc, but you have not replied.

 

This is a great opportunity for you but we cannot hold it open for you any longer.

 

Please call...blah blah"

 

Is it another letter back to them including a copy of the letter (they supposedly didn't get), copy of post office receipt, tracking information to say they did receive my letter and maybe sending it all registered this time? Or do I just ignore it?

[MandM]

 

Is it another letter back to them including a copy of the letter (they supposedly didn't get), copy of post office receipt, tracking information to say they did receive my letter and maybe sending it all registered this time? Or do I just ignore it?

 

Write by all means, just don't speak. They're just trying to twist your arm into ringing them .

 

M

[slick132]

Hi Leilani,

 

Personally, I'd ignore them as they have nothing to say that will be to your benefit.

 

If you want to write back to them, just say:-

 

"If you have this great opportunity that you want to tell me about, please confirm exactly what it is in writing.

 

I will not communicate with you by telephone. All incoming calls are being logged and recorded, for use if a complaint for harrassment is made to the FOS."

 

Concentrate on sorting your problems with the Barclays accounts.

 

[Joijo]

Dont communicate at all with them unless it is in writing. IF you are able to get caller id on your phone it will give you a fighting chance to answer the phone to people you want to should you want to talk to anyone.

 

When you write to them do not sign any letters. If you go onto the royal mail website you should be able to get a copy of the signature that signed for the parcel should you still have the tracking number. If you cant get it online then ring them up and ask them to send you this either by email or snail mail.

 

But most of all make yourself a cup of tea and smile because you are in the right place to get all this sorted. You will never be alone and someone will always be right with you till the end.

[leilani]

Bless you both, I really appreciate the help : )

 

I am snowed under a paper mountain at the moment trying to get sorted, and trying to keep the little business i have...it's all kind of doing my head, I will get there though

[leilani]

Okay Update...

 

RMA have backed off somewhat since my last letter stating once again put it in writing, they have phoned once every few days rather than many times a day...however still nothing in writing!

 

In regards to my other personal account and all the charges, I sent a letter asking them to stop charging me via the bank and got a receipt, I had one phone call from them which i legitimately missed, but didn't ring back because I was in the process of writing the main letter informing them that they have been taking my benefit totaling £661.73 (listed but now increased somewhat) of which I sent on the 27th Feb recorded delivery.

 

It's become a vicious cycle now. Whilst I was making arrangements (okay not the fastest) to transfer direct debits payments came out that account so it increased the amount now in buffer zone...I had no money at the time to put it back into the agreed overdraft, they kept sending letters saying they were charging me, even though I had asked them not to and when I did have enough money I put it in (it was benefit money) got it clear under by nearly £100 and I found to my horror that they took over £110 out in charges which took me over into the buffer zone again, and then they didn't pay a £19 direct debit as a result which would have been covered and now I am charged an additional £66 and increasing!

 

They have not acknowledge my letter re charges even though they received it on the 1/3/10.

 

All direct debits have been canceled, all benefit monies are going into new account.

 

I have a second account with new bank for Business, and don't use the old one with Barclay's although there is a few pounds in there waiting for a payment due, after that has gone I will close it, although I will probably have to put some into cover charges for cheques and transactions that comes out quaterly.

 

I am about to write another letter telling them I have had no reply and that they are still charging me and that they have not responded in the time frame I gave so i am now going to pursue the county court claim.

 

Q1. Should I even bother writing to them? Or just get the county court claim started?

 

Q2. If so should I now include a new charges list with the new amounts added?

 

Any advice would be good

[bazaar]

Now hang on, they have already taken money out of an account when you put money in. Try immediately to stop that payment going into anything related to barclays. Try to get paid via the new bank.

Its then up to Barclays to chase you for any sums they think you owe them.

THEN you hit them with the charges counterclaim. Keep all your paperwork safe for now.

They simply will not act kindly to you, hell they dont even act kindly to people who are in credit

 

 

I may have mis read your post though

[leilani]

Didn't post all so removed...

[leilani]

Hi Bazaar

 

Hope this is clearer...I didn't change over DD's quick enough therefore payments came out, increasing the amount in the buffer zone and resulting in being charged heavily. I had sent them a letter telling them that I was seeking advice as I was experiencing financial difficulties and during this period, could they freeze interest and/or any other charges accruing on the above account.

[leilani]

Okay there is something very wrong with this forum, it won't let me post all of it and keeps cutting it off!

 

continued:

on the above account.

 

To prevent anymore charges and to cover what DD's had come out and any near to the date before change over I drew the money out from my other bank which is where the benefits go in...Then the accumlated charges came out on a specific date which took me over again.

 

There should not be anything coming out of that account now bar the increasing charges at £88.00 a month.

 

If this is what you understood the first time, then what you are telling me is let them keep charging me and don't try to cover the charges.

 

Does this mean now that I have to amend the charges counterclaim figure I sent them with the new charges, give them another 5 days and then file with the court or just file with the court with amended figure and not contact Barclay's again?

Edited March 10, 2010 by leilani
Not posting all content!