Help with Barclays Overdraft debt with Charges

[andyb78]

Hi

 

One of my debts is an overdraft with Barclays from nearly 10 years ago.

 

I have received letters recently saying that they will pass my dent on to a DCA as I have not made any recent payments etc.

 

I am going to SAR them to see what charges may have been applied, is this the correct process?

 

I have asked questions on here before about DCA's that handle Loans and Credit cards and have successfully CCA'd them all and they have failed to produce. As an overdraft does not have a Credit Agreement in the same way as a loan or card, what steps do i go through with this debt, as I certainly do not have the means to pay it off.

 

Many thanks for your help.

[theoldrouge]

when was your last payment or acknowledgement of the debt?

[andyb78]

I was on a DMP which I cancelled last June and have not made any payments since to any creditors.

 

I wasn't actually aware that the DMP company were paying them, as it doesn't show up on any of the paperwork i have?

 

This is one reason why i wanted to SAR Barclays, as i'm not sure when the last payment was made.

[SabreSheep]

CCA requests are not in themselves valid for overdrafts..

[sequenci]

CCA requests are not in themselves valid for overdrafts..

 

Actually, as far as I'm aware you can make a CCA request for an overdraft - but you would only get a statement of account and a document outlining the terms of the overdraft. They are regulated but exempt from Part V of the CCA - which outlines the form and content of credit agreements; which is why you wouldn't get one.

[andyb78]

So is an overdraft basically not contestable like a credit card or loan?

 

I guess that I can reclaim any charges that they have made to me over the years?

 

Many thanks for your replies.

[citizenB]

Actually, as far as I'm aware you can make a CCA request for an overdraft - but you would only get a statement of account and a document outlining the terms of the overdraft. They are regulated but exempt from Part V of the CCA - which outlines the form and content of credit agreements; which is why you wouldn't get one.

 

 

I think they should provide a copy of the facility letter.

[BRIGADIER2JCS]

It will be difficult if not impossible to reclaim OD fees and charges as CB says you can request a copy of the "letter of facility".

[slick132]

Hi Andy,

 

A SAR would be sensible, so you can see what pay'ts have been made to the a/c and what chgs you have suffered.

 

A CCA request is not worth doing IMHO.

 

If you are suffering Financial Difficulty, you can try to reclaim chgs that have been applied during such Difficulties. You can also ask the bank to stop adding further charges and interest. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

 

Also see here - http://www.consumeractiongroup.co.uk/forum/showthread.php?387431-Letter-before-Action-Removal-of-Charges-under-Hardship-criteria-BCOBs-(update-21.04.2014)&p=4193458&viewfull=1#post4193458

 

[andyb78]

I'm firing off an SAR today, as i want to be sure of when the last payment was made.

 

Many thanks for all of your advice, it's most appreciated.

 

Regards,

 

Andy