Barclays no warning then Debt Collectors

[bejizzled]

I have been a barclays customer for 33 years, a Premiere customer for the last 20 years. I had a 9000.00 agreed permanent overdraft facility I have used on and off and it was at 7300.00 OD. I live permanently abroad (monaco) and following advice from a barclays manager, I wrote to barclays last year to inform them I am now separated from my wife and the divorce is taking place in Monaco, and with the account being in joint names, there was a mandate dispute (this is what the manager said to put) and I wanted them to stop any further payments being made from it (to avoid my wife spending more money and increasing our joint debt). I sent them back my barclays card and they actioned my request. I sent them my new address and started receiving statements, the last of which was March of this year (2011)

 

The interest accumulating was only 18.00 and it was added to the overdraft monthly. Due to the ongoing divorce, despite the fact I am a high earner, until the divorce is resolved my outgoings are much higher than normal (I am having to pay rental on two homes now and associated expenses of two separate households). In 12 months my situation will be much better. At no time did I receive any communication from barclays that anything was untoward, that they wanted the loan repaid, nothing at all.

 

Two weeks ago I received a letter from RMA, a debt collector acting on behalf of Barclays. I contacted them by phone and said I knew nothing of this or any problem between myself and Barclays bank whatsoever. They said they were only interested in recovering the debt. I asked for copies of any correspondence from barclays to me re the debt and they refused.

 

I contacted my local branch via email and related the above. They said the account had been cancelled and they were very sorry, but now it was in the hand of debt collectors there was nothing they could do, and weren't even able to access my account to see if any letters had been sent or why the account was ever in dispute. They apologised but said there was nothing they could do. I wrote an email asking for my complaint to be made official as it struck me as irregular, and I wanted the ombudsman to look into it. I received an email saying that my complaint had been forwarded to barclays customer services and to contact the ombudsman if it wasn't resolved by barclays.

 

Last friday the debt collector called me and I expained I had made a complaint to barclays bank and needed a couple of weeks to hear their response. They agreed to put it on ice for two weeks.

 

Three days later (monday this week) I received a post card from the UK saying that someone from RMA debt collection would be visiting me this thursday between 8am and 8pm at my home (in monaco). I called them to confirm my conversation with their associate re two weeks on ice and they said that that had been posted prior to that conversation. I work from 8am to 6pm and am not able to hang around all day and can't believe this is how they operate. Are they seriously going to fly someone to Monaco on the offchance I might be in to discuss a 7000.00 overdraft?

 

I have never previously owed any money, or had any dealings with debt collectors. I am a high earner, who, for the first time in my life needs to use an overdraft for one year (until the divorce is resolved and our assets split).

 

Does anyone know if Barclays are allowed to just put my overdraft with the debt collectos, or have any advice as to the above? I have no problem servicing the interest on the debt, but can't pay it off right now. Nobody at barclays will talk to me as my account has been cancelled and is now with debt collectors. I repeat, I had no forewarning of this whatsoever and it has all come as a complete shock.

 

Does anyone know how long I have to wait for Barclays to come back to me on my complaint before I am allowed to write to the ombudsman?

 

Thanks for any advice. I can't believe this is happenning and I am really stressed about it.

[cerberusalert]

Three days later (monday this week) I received a post card from the UK saying that someone from RMA debt collection would be visiting me this thursday between 8am and 8pm at my home (in monaco).

It's a standard threat-o-gram churned out in there hundreds. Nobody will be knocking on your door in Monaco, in fact they cannot take any enforcement action at all there without first obtaining a judgement here in the UK & they certainly cannot do that legally against a non-UK resident.

 

Barclays have eight weeks to resolve your complaint & then you can escalate it to the FOS. Meanwhile ignore any threats from debt collectors.

[cerberusalert]

Thread moved into the Overseas Forum.

[citizenB]

You could also send a Subject Access Request to Barclays asking for all the information they hold on you. You might find information regarding any letters sent or not sent. It will cost you £10.00.

[bejizzled]

Thanks for the advice. I managed to speak to someone at cccs today who said the same about the postcard thing, and that they wouldn't be coming to monaco any time soon.

 

I'm a little confused though, as CCCS ( a consumer debt site I found) said that whilst RMA had no hope of recovering it from me over here (monaco) as they weren't entitled to take it through the monaco courts, the debt collection co. could file for a CCJ against me in England. I am an accountant, so this would not be good news for me if that were to happen, although the CCCS said there was something which stopped CCJ's coming up on credit checks fork accountnants and people working in financial services.

 

I really don't want a ccj against me in the UK though.

 

Site member Cerberusalert seems to suggest that they can't get a CCJ against me if I am a non uk resident (which I am). Have I misunderstood, or is this correct?

 

much appreciated any feedback here. Thankyou.

[cerberusalert]

the debt collection co. could file for a CCJ against me in England.

They are wrong, a CCJ cannot be obtained against a non-UK resident. You are not living within the jurisdiction of a UK court.

[bejizzled]

It's been a while but of course this matter is still ongoing. I have written to the debt collection agency asking for a copy of the CCA

On this site I found a link which says that bank overdrafts are not covered by the CCA - is this true?

 

I was about to write to Barclays asking for the same thing, but there's no point if a CCA doesn't apply to a bank overdraft facility.

 

Any views appreciated.

[cerberusalert]

I found a link which says that bank overdrafts are not covered by the CCA - is this true?

Yes, but they would still need to prove a debt exists and that they have the right to collect. Send them this instead; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

it's not really worth getting into a game of letter tennis with them because as things stand they cannot take any enforcement actions either here in the UK or in Monaco.

[bejizzled]

Does a CCA apply to a bank overdraft? I am now resident overseas, the debt was sold on from Barclays to a debt collector. Someone advised me to request a CCA but then on Wiki it says CCA doesn't apply to an overdraft. Does anyone know the definitive answer on this?

[citizenB]

You are correct, the CCA request doesnt apply to an overdraft. There is an excemption. I believe however there should have been a facility letter when the overdraft was first granted.. so it might be worth asking for that.

[bejizzled]

Thankyou. I am not disputing that there was an overdraft really, as there was, but more the terms on which it was granted. I imagine that banks change their overdraft terms regularly. Is there no obligation for them to have a copy of the terms on which mine was granted? ie that they should ask me to repay it before selling it on to a debt collector (I didn't even know they wanted it repaid until I heard from the debt collector). A certain number of warning letters they should be able to show were posted to my correct address or something?

 

I thought if there was a CCA and they couldn't find it it might have been a way out of this mess - shame that's not the case. I had written to the debt collection agency asking for one and as I hadn't heard back for some time I thought this was good news.... but they're probably busy selling it on.

 

Thanks.

[bejizzled]

Sorry, but what details should a facility letter give, other than the amount of the overdraft - should it have terms and conditions?

[cerberusalert]

A SAR will show all the correspondence from the bank along with copies of statements etc. In fact any information they hold on you as a person.