Barclays Mortgage Arrears claim

[brown1950]

Default charges were added to the account up to 28th April 2008.

[slick132]

Ok, I don't know why they Terminated twice - maybe they're just going through the motions with a view to collecting the o/d now, starting from scratch.

 

No chgs added since the first termination so nothing wrong there.

 

So I suggest you move fwd with my suggestions in post #23.

 

[brown1950]

Now have Barclays Specialist Complaints- Executive Office on the case- They have promised

to investigate my complaint and revert back to me by 12th Dec- Let you know the outcome in

due course.

[gerson]

Hi,

 

Any update on this?

Did you issue CC claim?

 

Have a similar issue with mortgage not going back further than 6 years

[brown1950]

No further news apart from my PPI claim is now with the FOS. Hopefully after my overdraft is SB then i will go for

court action on mortgage arrears. If Barclays in the meantime issue proceedings for the overdraft i will counterclaim for the mortgage arrears.

 

So keeping my options open at the moments.

[brown1950]

According to my records the Barclays Overdraft is now Statute Barred. Apart from one phone call from Barclays collection dept no further action taken by Barclays.

Have noticed from my Noodle Report that Barclays have issued a Default Notice on 26/10/13 - The DN was not received.

 

So we have in relation to my Barclays Overdraft :-

 

Barclays Bank have issued 2 Termination Notices dated 11/4/08 and 11/11/13 Under Sections 76 (I) and 98 (J) of the Consumer Credit Act 1974.

Barclays have also issued a Default Notice in October 2013 !

 

As i claimed PPI on this particular Barclays account in 2013 has the SB clock started again ? Does this explain the lack of action on behalf of Barclays ?

[dx100uk]

been watching well done.

 

pp ireclaim does not reset SB

 

however how are you gauging the SB date by the first TN? or calling in notice?

 

dx

[brown1950]

dx - Many thanks for your reply.

 

SB clock started from 'cause of action' when Barclays first called in the Overdraft in April 08 with an Overdraft Termination Notice under Sections 76 (I) & 98 (J) of the Consumer

Credit Act 1974.

[dx100uk]

yep

 

dx

[brown1950]

And the default notice placed on my credit files over 5 years after COA ! Is this not against The Information Commisioner's guide published in Jan of this year ? Suspect only a guide and ICO office are toothless ?

 

However 70% of the Overdraft represent charges / interest !

 

Any chance of this default being removed by Barclays ?

[dx100uk]

they cant default 5yrs after a TN

 

the account has been terminated !!

 

dx

[brown1950]

Will contact the Information Commissioner's Office tomorrow and see what they say !

[pancake roll]

Hi Brown1950,

 

 

Been reading your thread with great interest. I'm going through the same with RBS. How did you get on with Barclays? Would like to know if you have any update for us.

Regards

Pancake.

[brown1950]

Hi Brown1950,

 

 

Been reading your thread with great interest. I'm going through the same with RBS. How did you get on with Barclays? Would like to know if you have any update for us.

Regards

Pancake.

 

Barclays passed debt over to BCW who after receiving statute barred letter gave up. Barclays have

now passed debt over to Westcot's who send me nice text's twice a day/ one phone call per day/

one letter per week- Have ignored all these and have now sent Westcot's a statute barred letter.

Let's see who Barclays pass the debt on to next ?

[orge]

Subscribing.

Looking forward to updates, as it seems like our claims are very similar and on the same timetable.

Good luck!

 

J

[citizenB]

Barclays passed debt over to BCW who after receiving statute barred letter gave up. Barclays have

now passed debt over to Westcot's who send me nice text's twice a day/ one phone call per day/

one letter per week- Have ignored all these and have now sent Westcot's a statute barred letter.

Let's see who Barclays pass the debt on to next ?

 

Have you sent the SB letter to Barclayshark ? If the account is now statute barred and they are continuing to farm it out to DCAs, then I think you need to make a formal complaint. Once a "debtor" has advised that they will no longer be making payment on a statute barred account, then collection activity should cease. IMHO, not only can this be considered harassment - if they are assigning the account then they are being less than truthful with the DCAs as they are basically saying this is an active account that can be collected.

 

I would send a formal complaint to B/shark head / registered office and point out that the account is statute barred and they have been made aware of this. That their continued selling on or passing to DCA for collection will be reported to the FOS.

[brown1950]

citizenB

 

Thanks for your post however i cannot see the point in complaining to Barclays as from previous

experience it will fall in def ears ! I have better things to do than get into 'letter tennis' with the most complained about Bank which is Barclays.

 

 

Have received a response from Westcot to by SB letter- they are investigating with Barclays and

will come back to me . In the meantime they say all collection activity has been stopped.

 

Have now issued court proceedings against Barclays for Mortgage Arrears fees-

Lets see if they try and counterclaim ?

[orge]

My opinion is that you are doing the right thing by pressing on with the mortgage arrears and ignoring any correspondence about the overdraft balance for now - if it's sb, they have no cours of action for direct litigation anyway.

 

I would also advise that you don't raise the od balance with Barclays litigation, as they aren't always that "joined up" in their thinking. I also have an outstanding of debt that has been sold on and ithey have made no attempt to set-off against this for my cc claim (although they do want to set off against the balance that was left on the card). No promises on this one, but it's up to them to raise this following proceedings.

 

Keep at the muppets!

 

J

[orge]

Any update on your claim?

Barclays solicitors are trying to stall mine for a month; would be interesting to know if they are taking the same tack with you?

 

J

[brown1950]

Any update on your claim?

Barclays solicitors are trying to stall mine for a month; would be interesting to know if they are taking the same tack with you?

 

J

 

Only Update is i will have to file N1 form again at end of this month when 'funds' allow. Will keep updated.

[orge]

No probs.

You'll have a nice crystal ball with my case then!

 

J

[orge]

Oops... Cross posted to your thread by mistake...