Barclays overdraft please help

[tinyones]

I have received two letters from Wescot in regards to an existing overdraft, its roughly 470 pounds.

 

 

This occured when I couldn't afford to pay my Barclay loan and Barclaycard

and after telling them that I couldnt afford to pay in full they continued to take the payments.

 

 

I obviously couldn't close the account due to exisiting debt with them.

 

 

I still cannot afford to pay it in full and the letters are threatening legal proceedings and door step collection.

ANY advice please?

[Guest]

IMO. if you want to challenge things, re an o/d, once overdrawn they are required to send some form of an o/d 'letter' outlining the o/d terms. and it then becomes subject to the cca. a default notice may also be required.

have you checked to see whether the loan and card are enforceable? any missold ppi and/or charges involved? did you get any default notices? a sar may provide some useful info?

according to the banking code, they should take into account any 'financial difficulties' and be accommodating.

consider opening a seperate bank account not associated with barclays.

more details would be more helpful.

Edited October 22, 2010 by Ford
typo

[firstship]

Tinyones............as you bank with Barclays (they being Loan and creditcard), will raid your bank account to take payments,as Ford states if you have salary/payments going into the bank,you need to get a different bank account pronto.The rest of FORDS thread applies PPI/charges/Default notices,you will not be able to challenge your bank account with a CCA request,however you can with the Loan and Credit Card which I would suggest you do ASAP.You I trust have explained your financial situation to each Barclays division involved,make them an offer of payment you can afford,important," that you can afford," no more.All the time you are making some form of payment threats of legal action are usually just that "threats"...................good luck...............FS

[tinyones]

Thanks for the help.

 

 

When I intitally told the bank I couldn't afford to pay (marriage broke down and I had the children who came first)

the loan and card and would offer a token payment they clearly ignored my request and took money from my account.

 

 

I changed banks asap to avoid anymore of my income being taken in this way,

rang them to offer a payment and they said they would be taking 10 pounds whether I liked it or not.

 

 

In the end I was so unsure as to what to do I kept sending the 1 pound token payments to each lender

and have just been chased with the overdraft and

 

 

have challanged all creditors with CCA and the Bank this week with a SAR.

 

 

I am unsure as to what the 450 they are requesting has been paid off

using other than loan or cards as I stopped using the account and they must have kept taking money from it.

[tinyones]

I sent off the SAR request and have

 

 

yesterday received statements from Barclays.

 

 

I have taken account of a payment made to RAC

(of which I had cancelled before I moved so I have been on phone to them this morning

to challange why anyone would want or pay for duplicate covers)

 

 

They claim they may not be able to refund as its past the 14th day of cancellation

but I won't be leaving it there as this too has incurred charges at the bank.

 

 

I also have two payments for my Barclaycard which they have taken after I said

I couldn't afford to pay and then numerous 'RESERVE FEES'????

which the reserve fee's total over 100 pounds.

 

I am not unsure as to what to do with this information in regards to contacting wescott again?

 

[tinyones]

Another letter from wescot today asking for an agreement for balance but I still havent received anything from them from the bank and when I SAR'd the Bank they havent sent me any sort of agreement so what letter can I send back to wescot?

Thanks

[firstship]

if you have sent CCA for the Loan and Credit cards

once the 12 working days have expired and no sign of an agreement

send account in dispute letter,

 

 

you have SARd the bank,and only received statements,

there should be a lot more data than just statements,

you have to let 40 days to go by before the bank are in breach of your SAR........

 

 

...in the meantime write to Westcot and advise them the accounts are in default

and breach and suggest they return the accounts back to Barclays to comply with OFT guidelines,

 

 

if Barclays continue to put you into further debt by taking money from an overdrawn overdraft,

 

 

report them to ICO for starters........FS

[tinyones]

ANOTHER letter from Wescot today THE SAME letter as I got a while ago to say it was on hold until they investigated the case. Then two days later I got a letter saying they didn't have to provide anything as it was an overdraft. So I guess I will wait and see what happens next? I am also moving in the next month do I write to them and inform them of my new address?

[firstship]

Hi..........you have SARd ref the bank account and it appears from your threads that all you have is statements?????????.....if this is correct then the SAR is far from being complied with so if Westcot push regarding the bank account,either ignore them or tell them you have SARd Barclays and at the present time they are in Breach of the SAR,by not supplying all data held..............FS

[tinyones]

Yes all i got was old statements. Is it likely the bank doesnt have the info to send me?

[firstship]

tinyones................just sending statements is not sufficient to comply in full with SAR,write back and say just that,and remind them they are in breach until such times as all documentation is supplied,if Westcot state they dont have to comply with SAR as its an overdraft,remind them they do but as I understand it you sent the SAR direct to Barclays,so you can remind Westcot if you wish,that their client has sent statements to date and they obviously consider the SAR as valid,so perhaps you should consult your client Barclays...................FS

[tinyones]

letter from wescott statements but no copy of agreements etc? shall i write and say awaiting from bank? coz they sent same statements as bank has and nothing more?

[firstship]

slight sarcastic letter to Westcott "thank them for the statements and confirm their client Barclays have sent the same but nothing else and you are waiting for full compliance of the SAR from Barclays,and you will wait until such times as they Westcott or Barclays have sent all data held including application and agreements signed and a copy of T&Cs................FS

[tinyones]

I have received this morning another load of stuff from Barclays which assuming is the rest of the SAR

although there is nothing with anything signed/terms conditions etc for anything

overdraft/loan/barclaycard or bank account so

 

 

does this mean that they still have to provide me with it before Wescot can continue to chase me for the Overdraft amount?

 

 

It looks like it is dates when I have taken out my loan

but no signature or anything on it and letters that they have posted to me over the years

and copies of their data protection etc???

 

 

any advice appreciated

 

I am also due to move house next week would I tell wescot that I have moved?

[victoria_siempre]

Hi tinyones

 

It's not one's job to do their job.

 

It is prudent to have one's post redirected.

 

It is prudent to choose the restricted option when registering on the Electoral Roll.

 

love

 

vic

[firstship]

tinyones...............vics reply 100% correct.................now wait until Westcot annoy you again,as I read it they are in Breach of your SAR and in Dispute of your CCA............read your statements list all those items charges etc that you can claim back..................good luck.............FS

[tinyones]

What and bascially say BOG off I was going to say if....but it will be WHEN they do contact me again? I have now sent 3 letters saying as much already so will wait and see. If I choose to get my mail re-directed they will have the address from that won't they or will it be a case of when they find the new address? What charges can I claim back?

[victoria_siempre]

Hi tinyones

 

Only you can decide what you want to do.

 

The point of redirection is so that you can see what's coming; but they can't see that you see that.

 

In the end, they could track you down if it made commercial sense for them to do so.

 

You could challenge charges etc at a time of your choosing (penalty charges and compound interest thereon); but this is a laborious process.

 

'Bog off' is an option when dealing with organisations that won't listen.

 

Hope this helps

 

best wishes

 

vic

[tinyones]

Hi, not really sure where to go from here?

 

 

I was using this website over a year ago and followed advice to send an SAR which I did

sent the £10 postal order etc and all I got back was a huge file of statements from the bank

since opening the account and that was it.

 

 

However this morning I have received a letter to my new address

(lived here 15months now and had heard nothing from no one)

 

 

This letter is from either Barclays (looks like a photo copied letter) and another in same envelope from Lowell portfolio

 

 

I saying that it was sold to them from Barclays.

 

 

What do I do now as this was already passed to another debt recovery place

which I dealt with at the time of the SAR is this someone trying their luck

or is it something I can be taken to court for?

 

 

Do I ignore the letter or write saying I have sent a SAR request?

 

 

ANY help much appreciated

[tinyones]

Hi, not really sure where to go from here? I was using this website over a year ago and followed advice to send an SARwhich I did sent the £10 postal order etc and all I got back was a huge file of statements from the bank since opening the account and that was it. However this morning I have received a letter to my new address (lived here 15months now and had heard nothing from no one) This letter is from either Barclays (looks like a photo copied letter) and another in same envelope from Lowell portfolio I saying that it was sold to them from Barclays. What do I do now as this was already passed to another debt recovery place which I dealt with at the time of the SAR is this someone trying their luck or is it something I can be taken to court for? Do I ignore the letter or write saying I have sent a SAR request? ANY help much appreciated

[tinyones]

I have found the previous posts that I had on here and the original debt agency was Wescot

so is it a case of they sent it back to bank or wescot have sold it on?

 

 

and as above post what do I do now?

 

 

I lost all letters that I had saved on my laptop which had dates etc on them

 

 

when laptop broke but this is dating back to november 2010?

[BRIGADIER2JCS]

Hi, sounds like it was sent back to the bank

and Lowells have bought it.

Have you checked your credit files yet it will

show who owns the debt.?

I would send Lowell a CCA request asap.

[tinyones]

I didn't think I could CCA an overdraft? I havent checked credit file as then my details are accessable

My fault I missed the overdraft bit:oops:

 

Your details are accesible anyway I'd put money on your files bein searched by Lowell,

and an amended entry.

[tinyones]

So shall I send an CCA to Lowell or shall I send letter saying that Barclays are in breach of the SAR? Thanks

[tinyones]

Can anyone please advise if I am to send a letter to say that they are in breach of the SAR