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Barclays Overdraft and Credit Solutions Ltd


felthorpe
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I have had an account with Barclays for eons. I have nearly always had an overdraft facility on my current account. Barclays overloaded my account and took me over the overdraft limit when I repaid a bridging loan in 2007.

 

The reason I went over the limit was due to their charges being levied onto my current account. I have questioned these as they were very high and far higher than I was expecting but I am assured by Barclays that they are right and a complaint to the Ombudsman has got me nowhere.

 

I offered to pay up to date an overdraft on another account I held with them and to refrain from claiming back all my (no doubt overpaid) charges from the many years I have been with them, in return for them zeroing and closing this current account. I gave them 14 days to respond to my offer, they did not respond wihtin the timescales but when they did eventually reposnd, they refused. Meanwhile I had already paid up the other account, now they are pursuing me for the balance on the overdraft on the current account.

 

I have complained to them and have had extensive correspondence with them where they deny that they can be bound by my offer letter even thought they did not respond in time. I used the premise that they imposed the overdraft charges on the other account by giving me 14 days to opt out or it would be binding and they say this is a legal contract, therefore it stands to reason that by their own rules I can make similar offers that they have to opt out of within a timefram or be bound by.

 

It seems there is one rule for them and another for me, I am not surprised by this.

 

I have now sent an SAR request and am still awaiting the documentation. They have offered to leave it at a branch of my chosing for collection. I have sent them the details of the branch that is convenient but have heard nothign more?

 

Meanwhile they have defaulted my current account and placed this on my credit file. I am not sure they should be able to do this as the account is in dispute?

 

A company called Credit Solutions Ltd are now pursuing the debt. I do not know if this is on behalf of Barclays or they now own the debt? I have sent CSL a CCA request.

 

CSL have returned my £1 saying they need more information than the Bank Account Number and Sort Code, they are still within their 12+2 days.

 

I want to write back to them with further details as I do not want them to be able to escape the CCA request by muddying the waters.

Has anyone got an idea of the sort of letter I should write which makes it clear the clock is still ticking? I also want to write to Barclays or CSL and complain about the entry on my Credit File, any suggestions?

Edited by slick132
Added paras to make easier reading
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Hi Felthorpe,

 

I see your reasoning about them failing to respond in time to your deadline. But you will not get them to accept that they agreed to your offer by default, ie not responding and thereby agreeing.

 

On reflection, your best course of action would have been to withhold payment and to not pay off the other a/c until you had them agree to what you wanted.

 

They won't agree that any of their a/c charges are unfair, after the OFT Test Case about bank charges was lost last year. Local branches seem to have little, if any, discretion about refunding charges although it may help if you have a good working relationship with your a/c manager. Even then, you may still fail to get any charges refunded. The FOS were of no help to you because of the Test Case failure.

 

Regarding the default markers on your CRA files, Barclays will argue that you have no valid dispute and that the data reported is factually correct. You may have an uphill struggle proving otherwise.

 

CSL are one of Barclays in-house collection agents and I'm sure the debt is still owned by Barclays. Barclays would have to send you a Notice of Assignment of the debt was sold to an outside DCA.

 

A CCA request will not help you with a bank current a/c. It is used mainly for loan a/c's, credit card a/c's, catalogue a/c's, etc where you have taken credit.

 

Sorry to be offering you such unhelpful opinions, but when the OFT Test Case was lost, this paved the way for the banks to stick to their oppressive charging regime without mercy.

 

:|

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