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    • Need to get your DQ in - it's your opportunity to have a say in what happens next! It should then transfer to local court, who will look at the DQs and determine next actions. Fairly self-explanatory and there are guidance notes on the site here. My Asset/Link/Kearns case was reviewed a couple of weeks ago after transferring to local court and they have been ordered to provide a new CPR-compliant Particulars of Claim, Original Agreement, Deed of Assignment and Notice of Assignment. They have six weeks to comply or it's struck out. As with your case they are relying on a generic print out of an agreement with no personal details or signature. Don't give the courts a chance to make any decisions without your input and get that N180/N181 in! Your call as to whether you want mediation - given the lack of evidence from them there is probably no point as you can't mediate an account that appears not to exist.
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Wescot/Barclays


Scootmatt
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Im going to ignore wescot.

 

The money I owe Barclays is from an unauthorised overdraft therefore most of it is charges. They closed the account a couple of years ago and I have a red default marker on my credit rating which I want to get ride of.

 

My plan is to get the SAR info from Barclays , work out exactly how much I actually owe them minus all the charges and offer them some or all of this amount. I will use the fact that they didnt respond to my first SAR request to my advantage.

 

Sound good ?

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i would just offer what you see resonable and get the account closed :-) but thats me anything for an easy life. dealing with barcleys on a daily basis i know that trying to get this defult removed from your file now is very rare and I think you would have a very small chance if any of getting this done. I would offer the settalment when the acc is with them as i actualy work for a DRC and know when it gets to passed to some other companies 50%+ settalments are not as easy to come by as they are with wescot x

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Apologies for jumping in Scootmatt,

 

I would like to ask our Westcot representative a brief question; Westcot have informed me a collector will visit me in a few days. I replied via email saying certainly, please come early evening. What will be the response from your employer when I throw the idiot through my fence (joking!) but will certainly give him 5 seconds to bolt or leave bits of him behind! I assume the fools employed to collect via doorstep are on commission only. Bye the way, I am doing this both for amusement and simply to waste Westcot's time!

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Scootmatt, go with your first choice, ignore wetcloths, they and the rest of their buddies are merely deluded children trying to make a name for themselves in their playground, as for Sharklays, it is them who you need to be dealing with direct, again NOT over the phone, in writing ONLY as this will provide you with a paper trail of evidence, whatever, they or wetcloths or any other interested party in this matter wants to say can be committed to writing.

 

Keep a close eye on the time limit they have to respond to your SAR, and yes yours does sound like a perfectly legitimate and feasible idea, pay them ONLY what you owe, dispute the rest if it is all charges.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well in a previous letter to me they acknowledged my letter was sent on the 18th of Feburary so I am guessing that the 40 day period starts from then ???

 

If this is the case then THEIR TIME IS UP !

 

What do I do ? Who do I tell ? Do I wait a few days just incase the postman is having the day off ?

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Send them a Letter Before Action (LBA)

 

Telling them that they have failed to adhere to the time limit laid down and that you will allow them a further 14 days in which to reply to your request, before you complain to the ICO and have them investigate on your behalf.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just got home from work and low and behold a big fat parcel from barclays waiting for me damn !

 

Also a letter from Nelson guest and partners solicitors ( I am guessing they are part of wescot ????) I have informed wescot on more than one occasion that the account is in dispute are they breaking the rules by continuing to contact me ?

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Yes NGP are wetcloths IH sols.

 

Technically they aren't breaking any rules or laws, just willy waving and being a pain in the back side. Just continue to file their missives, and start looking through your parcel...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ok well I have done some maths and if my working out is correct and I remove all the charges (not the interest and account fees just the charges) then Barclays actually owe me money !

 

Does anyone mind if I summarise my maths just to make sure it all makes sense ?

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Ok thanks ,

 

The plan is to find out how much I actually owe them minus any charges.Just to be fair I am willing to pay any account fees and interest encored.

 

From the 26th of March 09 until the account was closed and a default issued on 8th of March 10 my account was overdrawn without authorisation. During this time direct debts came out of the account but I also paid money in to try and clear some of the debt.

 

During this period the most I ever owed the bank was £646.98p , this was on the 1st July 09.

Obviosusly charges were added between the 26th up until the 1st of July so I deducted these charges which gave me £410.98p

 

Now if my thinking is correct the actual amount I owe Barclays minus any charges is £410.98p.

 

Next I added up all the money I paid in during the period between the 26th of March 09 until when the account was closed in March 2010.

The amount of money paid in totalled 456.58p a difference of £45.58p !

 

So instead of me owing the bank £420.30 like they claim if I remove the charges they actually owe me £45.58p.

 

Does this look correct ?

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Hi Scoot

 

Well that all looks fine and dandy, but i'd await the response of a experienced gager prior to informing Lloyds of your actions, or in this case the 'lack of them'. Well done to you.

 

Mr

Regards..Mr Worried :)

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Ah hang on I knew it was too good to be true !

 

I had forgotten to add the interest and account fees for the period between July the 1st 09 and when the account was closed in March 10.

 

The Interest and fees total £52.08p which brings the grand total up to £463.78.

 

Deduct the amount I have already paid in (£456.56) and you are left with £6.50.

 

So it looks like with all the charges deducted I actually owe them the huge sum of six pounds and fifty p.

 

I am guessing this isnt making sense to a lot of you !

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Heres a copy of the letter I am planning on sending to Barclays please let me know what you think.

 

 

Dear sir/madam

 

I am writing to you with regards to my defaulted bank account. According to the bank statements you supplied me and the countless harassing phone calls and letters I have been receiving from Wescot debt collection agency I owe you (Barclays bank) £420.30.

 

During a period between March 2009 and March 2010 I lost my job and fell into financial hardship this in turn caused my account to fall into arrears in the form of an unauthorised overdraft.

 

As you can see from my records, on a couple of occasions I tried to set up a small overdraft to cover me should something like this happen. These applications were denied. You can also see from my records that I made attempts to clear the un-authorised overdraft often paying money into the account that would otherwise have been spent on food.

 

After looking through the statements and information included in my subject access report it has come to my attention that a high percentage of the money you claim I owe is the result of charges. These charges made paying back the money even more difficult and daunting as the amount kept growing even though I was paying money into the account.

 

The total amount of money owed including account fees and the interest incurred but minus any of the charges is £463.06p. The total amount of money I paid in to the account during the period it was in arrears is £456.56, £6.50 less than the amount owed.

 

As you can see there is a vast difference in the amount owed when the £364 worth of charges are removed. Even in my poor financial state I would have been able to afford to pay the £6.50 I actually owed, balancing my account and saving me from the harassment of the debt collection agency.

 

I am now in a situation where I am able to clear this debt and restore my credit rating. I do not however think it is fair or just that I pay you over £300 worth of charges when the amount I actually owe is only £6.50.

 

I enclose a cheque for £6.50 and trust that you will accept this as full and final payment of the debt.

 

Yours faithfully

 

 

 

M

Edited by Scootmatt
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DON'T SEND THE CHEQUE!!

 

Just send them that letter, stating that by your calculations you only owe them £6.50, if you do not hear anything from them further to dispute this, then you will pay them that amount and will deem the matter closed.

 

All they will do otherwise is cash the cheque and continue to pursue you for the remainder.

http://www.lloydstsb.com/contact_us/complaints_procedure.asp

 

There should be an address on the link above to send your letter to.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ahhhh! Good ole Sharklays, they have managed to get themselves to the very top of the banking industry's complaints list! So one more won't make a scrap of difference to them, poor sad sorry shallow souls.

 

http://www.barclays.co.uk/ContactUs/Howtocomplain/P1242558122337

 

Demand they either resolve the dispute immediately OR send you a "Deadlock" letter so you can escalate your complaint to the FOS.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 months later...

Well its been a few months now and I still haven't heard anything back from them BUT the letters from wescot have stopped.

 

Should I write to Barclays and ask why they have not replied to my letter ?

 

Im guessing they are just sitting back and hoping that I pay up to clear my credit rating.

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Don't care about my flipping credit rating anymore... I will never ever loan money in any shape or form again.... I just love the little darlings when they say ( your credit rating could be effected, what your joking I am a bigger risk than Ireland and Greece put together.... me triple AAA is now a quad ZZZZ ,,,, Do they really think I would worry about that..!!!!!!!!!! yo

[sIGPIC][/sIGPIC]Happyhippy1959

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