Advice re: DCA letter and Barclays debt

[doodle83]

Hi there,

 

I moved house mid Jan this year.

 

 

With one thing and another it took a few weeks to get all of our change of addresses done,

and one of the few I couldn't do online or by phone was Barclays Bank.

 

 

I don't use them as my main bank anymore, but have held an account since I was a child

which I used during university and had quite a big overdraft on.

 

 

I had been paying small amounts off this overdraft so that I could eventually close the account, but it was still £900 when we moved.

I filled out a postal change of address form they have, and sent it off.

 

 

I received a letter back to my new address, thanking me for the update,

but saying I needed to go into branch as the signature they held on file for me needed updating.

This was end of Feb. Again,

I work long hours and didn't get around to this for a while, but had assumed they had acknowledged the change of address.

 

Went into branch mid March, to be told I didn't have an account with Barclays anymore,

and that they had closed it due to 'tracing issues'.

Turns out they had sent a couple of things to my old address that got returned,

and they hadn't acknowledged my change of address form because I hadn't been in to update my signature.

 

Staff in branch at that point said the account was still with their in house collections team, and should be easily sorted.

They agreed to call me back within the following few days to confirm the next steps.

 

Got a call a few days later saying actually it had already gone to a DCA (the previous week apparently) and that I needed to contact them.

Gave me the details for BCW, but no reference number or anything more than their phone number.

 

I wrote a complaint to Barclays asking that they allow me to just clear the overdraft directly with them,

and also wrote to BCW (whom I had not heard from at all at this point) saying the same.

They quickly wrote back saying the account would be put on hold whilst they investigated.

 

In June, both wrote to me saying my complaint would not be upheld as 'I had failed to provide enough details about the situation to allow them to investigate'.

Not sure how as I had explained the situation fully and sent copies of my change of address form, the letter of acknowledgment etc.

 

 

I again wrote back to both saying I would be putting in a complaint via the FOS as I didn't feel they had dealt with it well.

I also put in my letter to Barclays that I was still willing to pay them back directly,

but they have ignored all correspondence from me.

 

The FOS acknowledged my complaint but said it could be several months before they have an answer, s

o to be honest I have just waited - kind of surprised that I had heard no more from BCW,

and not sure who I could even make any payment to at this point.

 

 

Probably naively I assumed that as my complaint was still in progress all was on hold.

It has plagued my thoughts on a daily basis, and aside from this,

I did have a good credit file with everything up to date etc. so it's really worrying me.

 

this weekend I get a letter from a different DCA - Moorcroft, addressed to me,

but with no indication at all of what it's in relation to

- just says they believe I live at this address,

and need to contact me regarding a personal matter.

 

I have been feeling sick to my stomach all weekend and unsure what to do now...

 

Could it be that BCW have passed it on? Surely moorcroft would have put in their letter who they were acting on behalf of if so?

 

Do I write to Moorcroft and ask for more detail and see what they come back with?

 

Who can I actually make any payment to?

I can't pay it all in one go, but could probably do it in two halves end of October and November with some juggling.

 

 

I fully accept I had the overdraft and just want it gone and sorted,

but I also don't want to give money to some random company that might not even be the right one.

 

 

Ideally, Barclays would let me pay them back directly, but they won't respond anymore, and would that even be correct?

 

 

Have they now sold the debt on or are these DCA's just acting on their behalf?

The default placed on my credit file, which I'm also really upset about, is from Barclays, and there is no search or info placed on there by anyone else.

 

Just terrified that someone is going to come knocking at my door all because of a stupid change of address.

 

Apologies for the long winded account, and thanks in advance for any advice.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

 

Moorcroft is just a run of the mill DCA and unless/until it writes stating exactly what debt it's chasing do not respond.

 

 

As to the sale of the debt Moorcrofts letter should state it is acting on behalf of the bank if the debt is not sold, if it has been sold then a notice of assignment letter is needed.

 

 

Moorcroft are Not bailiffs and do not have any such powers, they do use "doorstep" agents but these people have absolutely no powers to enter your home or seize goods, simply order them to leave if they fail to do so call the police.

 

 

With the default still in Barclays name it would seem that Moorcroft is only assigned for collection/management of the debt.

 

 

There is no actual credit agreement for an overdraft, normally a letter of acceptance of the OD facility is used, you can ask Moorcroft for a copy.

 

 

ALL letters to DCAs should contain the phrase "I do not acknowledge any debt to XXXXXXX".

 

 

As said until Moorcroft reveal what they are chasing just hold on to the letters and wait for now.

[doodle83]

Thanks, just jumping every time a car drives past at the moment.

Have never had so much as a late payment in the past so I am devastated and annoyed with myself

that it has got to this all over a change of address.

 

 

If the debt is still with Barclays and the DCA is just acting on their behalf,

is it usual for them to ignore all correspondence including offers of payment?

 

 

I have written to Barclays several times asking that they allow me to clear the amount with them directly

so that the matter can be resolved/closed, but they just don't reply.

[BRIGADIER2JCS]

Thanks, just jumping every time a car drives past at the moment. Have never had so much as a late payment in the past so I am devastated and annoyed with myself that it has got to this all over a change of address. If the debt is still with Barclays and the DCA is just acting on their behalf, is it usual for them to ignore all correspondence including offers of payment? I have written to Barclays several times asking that they allow me to clear the amount with them directly so that the matter can be resolved/closed, but they just don't reply.

Hi, this does seem like an "unfair" default and an unreasonable response from the bank.

 

 

You could/should make a Formal Complaint regarding the banks conduct, take it to the top i.e. the CEO of Barclays Anthony Jenkins he was head of retail banking so he should be well aware of customers problems.

 

 

Ignoring requests and appeals for help has become common with Barclays retail banking and Barclaycard complaints to the "top" do get results.

[doodle83]

Thanks, I did complain but only via the usual customer services channel

and I got a letter several weeks later saying my complaint was closed because further info they wanted from me had not been provided.

 

 

..I had no idea what this meant and wrote back asking, but that was when they just stopped responding.

 

 

Had been wondering if there was any named person I could write to in a last ditch attempt to get a response so will give that a go.

[BRIGADIER2JCS]

Thanks, I did complain but only via the usual customer services channel and I got a letter several weeks later saying my complaint was closed because further info they wanted from me had not been provided...I had no idea what this meant and wrote back asking, but that was when they just stopped responding. Had been wondering if there was any named person I could write to in a last ditch attempt to get a response so will give that a go.

Customer (dis) service departments have little if any authority to resolve complaints as said earlier a complaint to A Jenkins would be my advice.

 

 

Mark it Private & Confidential, use signed for post and check delivery date.

 

 

A formal complaint allows 56 days to investigate and respond failing to get an appropriate final response means a complaint to FOS.

[dx100uk]

ignore the silly no powers DCA's

 

 

THEY ARE NOT BAILIFFS

and have

 

 

NO SUCH LEGAL POWERS.

 

 

stop worrying!!!

 

 

I'd be sending Barclays an SAR request

 

 

how much do you owe?

 

 

dx

[doodle83]

an update..

.after the initial 'fishing' letter from Moorcroft two weeks ago I have heard nothing more from them.

 

 

In the mean time I wrote to the CEO of Barclays went over everything again, and

reminded them that I offered to settle my account 6 months ago,

and that all this had resulted from three weeks to action a change of address etc etc.

I also asked them to confirm who the account was now with as Moorcroft was not the agency they told me initially.

 

Wasn't expecting a quick response to be honest but

 

 

got a letter today, repeating my own points back to me, but

saying that they don't feel they have acted unfairly as they wrote to me notifying me of the closure of my account

and that if I didn't get those letters it was my own fault for not getting into branch sooner to change my address.

 

 

Interestingly, they also say that they received no returned post, and that the change of address was not the reason my account was closed

(they don't say what the reason was though).

 

 

When I went into branch at the start of this, I was shown, on screen, a list of returned post,

and told that this was definitely the reason my account was closed.

 

What I also received which was a slap in the face, was a cheque for £50 for any inconvenience I may have suffered.

Interesting seeing as they claim not to have acted wrongly.

 

I have started a complaint with the FOS today so that could be a long process, but I'm not giving up that easily

- it's the default that bugs me more than anything.

 

 

I wanted to look at buying a house in the next couple of years, and the rest of my credit file is perfect.

 

 

All because of one stupid change of address that's now out of the window.

 

they also confirm that the account is with Moorcroft, so am unsure whether to wait for them to contact me again,

or just to write to them telling them when I will pay.

 

 

I can clear the amount at the end of the month and to be honest just want it done and off my mind from that side of things

it seems pointless withholding payment whilst the FOS investigate.

 

Is it usual for companies to offer money if they genuinely think they've not acted wrongly?

 

 

Just seemed a bit odd to me.

[doodle83]

Also, and I'm guessing I already know the answer, but how likely are Barclays to accept payment directly if I just send them a cheque with a letter saying 'here is full payment, I now consider the account settled' or words to that effect? If they cashed it, I would have that on my bank statement as evidence they had?

 

 

Just thinking that may avoid me having to contact Moorcroft at all seeing as they don't seem that intent on chasing me.

[dx100uk]

you seem far to intent on paying this

esp to a DCA, ignore the DCA - end of.

 

 

did you get that SAR off?

 

 

have you looked at your credit file?

just to confirm who does own the account?

 

 

dx

[doodle83]

you seem far to intent on paying this

esp to a DCA, ignore the DCA - end of.

 

 

did you get that SAR off?

 

 

have you looked at your credit file?

just to confirm who does own the account?

 

 

dx

 

I had the overdraft and ill pay it back. I'd rather rest easy knowing it's paid and sorted than spend every day dreading the post arriving and wondering if someone might knock on the door from a DCA.

 

Apologies if I seem too keen to pay up but aside from this overdraft which was from my student days, I get twitchy if I even pay a bill a few days late so just don't like it hanging over me.

 

I SAR'd on this account back when I finished uni and claimed back about £150 in charges. I was under the impression I couldn't do it again for the same account or am I getting the wrong end of the stick about what an SAR is for?

 

The account is still with barclays on my credit file and no other searches or anything have been done. They also confirmed in their letter that they have asked Moorcroft to recover the money.

[dx100uk]

tough you pay Barclays then.

 

 

why not do it by internet banking

[BRIGADIER2JCS]

Yes quite common to come up with 50 quid or so and just hope you'll go away!

[slick132]

Hi Doodle,

 

I understand and respect your wish to pay what you owe.

 

However, what you really want to achieve is settlement of the debt without it continuing to tarnish your CRA records for the next 6 years.

 

Can you confirm, before you moved was the o/draft authorised and were you paying it off regularly and in a manner that appeared acceptable to the bank.

 

Also, do you still have the letter from the bank saying they wanted you to go into your branch to confirm the change of address.

 

[doodle83]

Hi All,

 

Just a quick update really to show sometimes things do go our way if you persevere!

 

rightly or wrongly in some opinions,

I paid the amount owed, in full to the DCA as Barclays just weren't willing to acknowledge any correspondence from me

and I didn't want my money going off into a black hole.

 

Got confirmation from Moorcroft that it was cleared in full, a letter that was CC'd to Barclays.

 

 

I know most people on here gasped at the thought I was going to pay off a DCA,

but it was well worth it to be able to sleep soundly at night knowing it was cleared

and that Barclays couldn't use non payment of the debt to avoid removal of the default.

 

In the mean time, I put a complaint into the FOS, not particularly hopeful of a good outcome,

but in a last ditch attempt to see if I could get the default removed.

 

Had a call from my adjudicator this morning to say that she is about to write to Barclays

and advise that they were wrong to issue the default and that it should be removed.

She said they can come back and say they won't, but she would want to see some more evidence of why it was placed,

and she doesn't think they have any.

 

 

They shot themselves in the foot it would appear, by dating the default on my credit file

on a date before they had actually written to me (obviously these letters never got to me due to the move so I was unaware of this).

 

 

The adjudicator says that now, irrelevant of any change of address etc.

they have done wrong by not giving me the chance to clear the account before issuing a default.

 

I won't get excited just yet, but felt like a step in the right direction finally.

 

Thanks all for the advice/reassurance.

[slick132]

Hi Doodle and thanks for the update.

 

If you had the ability to settle the debt and wanted to do that to feel more relaxed, than I'm pleased for you.

 

Let us know how it goes about the default.