Please can someone help me...Barclays & Moorcroft..really stressing

[MummyJen]

i dont it was so long ago and i was really stressed and didnt even think of keeping copies ... stupid i know. Sorry

[slick132]

Not to worry.

 

Hopefully the SAR response will produce them.

 

[MummyJen]

i didnt send a SAR as someone said with it being a buisness account not to, so do you think i should send a SAR to barclays for this account?

[slick132]

Hi MJ,

 

The SAR is a must, so send it off asap !!

 

It requests all data that Barclays have about you, so you don't need to specify whether you want data about this a/c, or that a/c. Their response should include all that they hold about you (although it often doesn't). See the template here - http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

Send the SAR by Rec'd Del'y to this address : -

 

Barclays Bank plc

1 Churchill Place

Canary Wharf

London E14 5HP

 

I know you said you kept no copies of the letters you sent to the bank. However, could you check your present or old computer (if you used one to generate the letters). If you could find a copy of one or all of those that you sent, it may help your case significantly.

 

If you can't find any copies, at least try to recall:-

 

1. Roughly when you sent them .

 

2. Where you sent them (your branch, Head Office, a dep't contacting you about the outstanding balance).

 

3. What you said in each.

 

Have a look and/or a good think and let us know.

 

[MummyJen]

Ok ill send SAR today to that address,

 

i know i didnt save the copies as i didnt want my partner to find them and worry about it

although i have told him now as it was all getting to much to handle on my owne.

 

I did have a telephone conversation with someone from Barclays after they took money out of my personal account

and put it to the buisness account to pay even more charges (about £200) and they took it!

 

i rang them up and said that was my bill money for my rent etc and they refused to do anything

they said the overdraft and my personal loan (which i also fell behind with) were priority debts and they took money for the personal loan as well as the buisness account.

 

that day i withdrew the rest of the money in there and went and opened a bank account at nat west

and changed my tax credits and wages child benefit etc over to that account so they couldnt just dip into my account when they felt like it.

 

in the phone call i told them there was no work

they asked what i was doing to get work what was my plan to salvage it i said there wasnt a plan,

 

people have just stopped spending money and after insurance's etc

it was making a loss so there was no point

 

i also told them that people were not paying their bills and its left me in a real mess

 

they werent intrested we were going round in circles

she had me in tears and i just had to say ok i need to go now cos i couldnt phyically get my words out

and i felt like i was talking to a brick wall!!

 

would that conversation come up on the SAR??

 

i know that call was in May last year

 

xx

[MummyJen]

oh also do i need to tell moorcroft im waiting for responce to SAR or do i set up a payment plan with them using the budget sheet while im waiting?

[MummyJen]

oh sorry to be a real pain in the butt! do i put the account numbers on the SAR that i am requesting information on? or will they be able to bring it all up from my name and address?

[MummyJen]

SAR sent to Barclays i will update when i get a reply of them - many thanks

[slick132]

HI MJ,

 

i rang them up and said that was my bill money for my rent etc and they refused to do anything

they said the overdraft and my personal loan (which i also fell behind with) were priority debts and they took money for the personal loan as well as the buisness account.

 

This could be useful for you later. They were SO wrong to say that!

 

If they fail to supply your comm'ns log on their first reply, you can ask for a copy of this phone call. Can you please now write down as much of that call as you can remember and keep it for yourself. Also, if you can narrow down the date any better, it will all help show that Barclays failed to treat you properly or fairly.

 

Re the a/c numbers, it doesn't matter if you mentioned them or not really.

 

[dx100uk]

oh dear muppets!!!

 

i'd p'haps try firing off the notice of appropriation letter.

 

dx

[MummyJen]

ok i will sit and write down as much of the conversation as i can remember, thank you so much for your help x

[slick132]

You're v welcome.

 

It looks to me like Barclays have really failed on several occasions when they should have recognised the problems you were having. And instead of helping as I believe they should, they just piled on interest and charges.

 

While you wait to get the SAR response, write to Moorcroft :-

 

Dear sir or madam,

 

I refer to your letter of xxdate seeking immediate payment of £1223.07.

 

Are you simply acting on behalf of Barclays or have you purchased the debt.

 

Please note that I have just sent Barclays a SAR request to which they have 40 days to respond.

 

It is my contention that Barclays have failed to respond properly, or at all, when I told them I was in Financial Difficulty. Instead of responding properly, they added charges and interest to my account which is contrary to the requirements of the The Lending Code 2011, Sections 224 - 227.

 

I will seek a refund of charges which the bank added to the debt after I informed them of my Financial Difficulties.

 

In the meantime, you should consider this matter to be in dispute and not issues any demands for payment until it is resolved.

 

Yours faithfully,

 

For your info MJ, see The Lending Code here - http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

Sections 224 -227 set out clearly how a bank should treat an individual or a Micro Enterprise (small business) when the bank is made aware that a customer is in Fin'l Difficulty.

 

Another section you may find interesting is s.218 which clearly states WHAT debts are considered to be Priority Debts.

 

they said the overdraft and my personal loan (which i also fell behind with) were priority debts and they took money for the personal loan as well as the buisness account.

 

The bank's personal loan and business overdrafts do NOT fall within this category so you should never have been told this by Barclays own staff.

 

Regarding your letter to them saying you were in trouble and the phone conversations when they took your money to pay the "priority debts" - the timing of the letter and the phone call may be crucial. Narrow down the dates as best you can using your bank statements and whatever comes back from the SAR.

 

[MummyJen]

no probs i will do that, do you think i could just email that letter to moorcroft as i wont be able to get to a post office until monday with childcare and work commitments? x

[slick132]

Hi MJ,

 

Email them if you want, but I would just let them wait until you can send the letter by mail.

 

Don't even waste Recorded Delivery on them, use normal 1st or 2nd class.

 

Have a good, and I hope a calmer, weekend.

 

[MummyJen]

ill email them as they have got hold of my phone number and are houding my life!!!

[MummyJen]

Hi Guys i took advice to send SAR to Barclays and also to email moorcroft advising i have done that. I have had responces of both and am baffled.....

 

Moorcroft with long letter basically saying they recieved my email and they understand i have suggested that i have previously requested a copy of my CCA from us in december 2011 (Ermmmm what are they going on about i havent requested a cca and how on earth would i do that in december 2011 when i have only just heard of them about this), they have brought my email to there clients attention and are awaiting a responce they also would like to make it clear they have not bought this account....then they go on to say with regards to my cca letter they are confused by this request (im confused) So i dont know what the hell moorcroft are going on about.

 

then barclays respoce to my SAR which i sent last week...

 

Thank you for requesting the personal information we hold on your record i note your request was made in relation to the sale of payment protection insurance (no it wasnt it was cos of bank chargers on my buisness account after i told them i was in financial hardhsip and them helping them selves to money from my personal account) then it goes on and on about how they have attatched a search of our systems which gives a complete summary of current and historic products relating to your record and indentifies weather PPI was sold with a Y or N. Start and end dtes are shown against each product. This information is sufficent to enable you to progress a claim under PPI

 

then it waffles on about mortgages (which i dont have)

 

Then it says 'Rather than charging you for a full request for information i have returned your cheque for £10 and trust this information meets your requirements

 

if you wish to make a complaint about your payment protection insurance policy please visit out website for details (didnt know i had any payment protection)

 

they consider my request completed.

 

i got my postal order back and also some sheet of paper with my personal account number on and my personal loan on and a N next to where it says payment protection sold

 

so im baffled what are they all playing at!!

 

xxx

[slick132]

Hi MJ,

 

You need to write to Barclays again returning the £10 PO and tell them :-

 

You have replied to my Subject Access Request with a generic and inappropriate response. My SAR had nothing to do specifically with PPI.

 

I return the £10 SAR fee and request that you rely to my SAR within the 40 days allowed, ie by xx date.

 

I must make it clear that I require from you a full disclosure of the data, for any accounts, which you hold regarding me including Communication Logs, statement data, copies of letters sent and received to or from me and any third parties (such as Moorcroft, etc).

 

The data I require must include, but is not limited to, :-

 

• Copy of any Default Notice issued

• Date of Default

• Copy of any Termination Notice issue

• Date of Termination

• Copy of any Notice of Assignment

• Exact date of assignment

• Details of to whom the account was sold

• Copies of all correspondence sent to me

• Details of any collection charges added to the account specifically, the date they were levied, the amount of the charge, a detailed financial Breakdown of how the charge were calculated, and what the charge covers

• Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied

• A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

• A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

Additionally, where there has been any event in my dealings with you over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

The list of items above is by no means an exhaustive list but merely gives examples of some of the items which you should supply.

 

If this request is not handled properly this time, a formal complaint will be made to the ICO.

 

Add to the letter anything that you need which I've omitted.

 

Who knows what Moorcroft are on about ?? But at least they should now back off and stop calling you. If they continue, let us know and we'll make further suggestions.

 

[MummyJen]

thanks will send monday royal mail will love me lol! x