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    • This is a long time issue and a little complicated so I'll attempt to condense.   Barclays account: held with them over 25yrs, opend in the 90's £6800 overdraft   15 years ago the account became a problem due to account holder due illness/company closing/long term disabilities.   No activity on the account other than what is stated below, card not used, balance always kept just under the o/d level so as not to incur further costs.   In those 15 yrs (2006)the account has been maintained each month by Barclays applying the o/d interest and the account holder paying that amount.  In the early years about £120 pm, then it went to £3per interest so worked out and around £90pm and late last year with the interest hike by the banks on O/d's it took the amount close to £180pcm    In  / around 2012 the account holder approached the bank with a view to receving some help, they were at that time somewhat ill, and registered as disabled. They asked that they convert the amount to a loan with them so that over time the balance would reduce. The Bank refused but instead put them through to another in-house lender, (woolwich) on internal line, they took the details but then didn't offer the loan.   Account holders health deteriorated but they insisted with their family members to continue to pay the overdraft, they were petrified of what may happen if they didn't.   In 2014 a SAR's was asked of Barclays which they sent but it didn't give much away, but importantly neither did it mention the customer going into the branch for the help.   In 2019 the customer via a third party who also obtained a third party mandate  approached the bank with a lengthy correspondence asking for help, they gave as much info as they could.   A month later then bank stated they believed they had not acted incorrectly as the account had been held to the good by the miniumum payments on the account being met, in short unless the account tripped they would not know there was a problem.   It was pointed out to the bank that under the terms of the original agreement and backed up by a letter from the bank way back as early as 2003 that the overdraft had been increased and that the account would be reviewed annually and that the account for the overdraft to remain in place would need to be kept in good order.    It's clear no annual review from at least 2006 had taken place as 'good order' was that the account was to be seen to be going in and out of credit whch of course was not the case, it hasn't been in the black since 2005/6   The bank refused to budge , also denied that the customer had been into the branch in 2012 and in any case as it was 2019 they didn't have to go that far back with a complaint if it had not been raised before.   Thats stage 1   A complaint was raised with the Ombudsman in late 2019, they accepted the complaint and lodged with Barclays that an account had been logged and that they (Ombudsman) were thus engaged on the account.   In the meantime the customer continued to maintain the account with Barclays as per the previous 13 years at the same time as providing info to the Ombudsman when it was requested.   Barclays wrote asking the customer to call them, but they had been put on notice in the original complaint that the Customer wanted all communication in writing, three times barclays asked for them to call despite them knowing the customer was 'vulnerable'  and still they continued the account knowing that the customer was only paying them out of the disability payments etc...   Barclays were sent 3 letters via signed delivery asking that all communication be put in writing, the customer wanted to establish a papertrail so no room for error or misinterpretation similar to Barclays 2012 denial that the customer had been into the branch, all 3 letters were signed for all 3 letters went unanswered.   Late 2019/early 2020 Barclays were out of desperation contacted on the phone but as the account had not been placed in collections' then nobody from the department could speak to the customer ????   In or around March 2020 the Ombudsman wrote to the customer stating they were a week away from a resolution and that they were just awaiting for it to be signed off by a senior investigator.   3 weeks later Covid hit but no resolution had been sent, a month or so later an email was sent to the Ombudsman requesting clarification and a month later they wrote back saying 'it's a week away (again) and they'll be in touch and then the case went cold, nothing heard and no return of phone calls to them.   After months of delays and after not hearing from the Ombudsman a letter was sent to one of their senior Ombudsman who replied that they'd take a look and be back in touch in a week and which they were and where they stated that the case: A: Should not have been taken on by the original investigator as it was above their remit, it should also have been picked up by another investigator when it was looked at during the initial process but again it wasn't. B: As the case had been incorrectly assigned it was then unassigned and placed on hold and for the following reason: C :  The case was of a sort that the banks and the Ombudsman have been discussing, no reasons for the discussion was given but as the case fell into this criteria it was on hold pending the discussions being concluded by the banks/ombudsman.   In short just over 12 months of the case first being allocated/engaged it had been unallocated/disengaged and placed on hold.   A second complaint was therefore lodged with the Ombudsman which was duly investigated and a nominal amount was offered for what they stated was poor service.  This amount was refused and the complaint was then sent to the Assessor (next step) but they wrote back stating that until the case had been finalised by the Ombudsman the assessor would not be able to investigate the complaint.   Updated were occasionally given by the Ombudsman on the state of the original complaint against Barclays but even that dropped into the abyss early 2021.    After a recent request to the Ombudsman to ask if the 2019 onwards discussions with the banks had been concluded an email was sent back saying that the case was just about to be reallocated (no answer as to if their discussions had concluded.   A week later an new case investigator was placed onto the case, they had written to Barclays and were awaiting their response.   1 week later they investigator came back with:   Barclays are offering to write the account off and to close the account.   And that is where they're stuck,  15yrs of overdrafts fees being paid, (almost 2.7 times the orignal amount of the o/d) with Barclays refusing to budge, then out of the blue came the offer.   The offer is on the table for a few weeks, but is it an offer to take?   When intial contact was made the bank with the complaint in 2019 they did nothing on the o/d account but very quickly (1 week) shut down one of the Barclayscard credit cards the customer had with them and placed the other at £250 limit (the limits before that were collectively 25k but had not been used for some years)     I have read somewhere that this 'credit card' balance reduction affected the credit worthability of a credit card holder, it's an indirect hit on them and this seems borne out as although the customer has a good credit record (not really facilitating it) they have been refused credit from a source they have always used and who they have never had any problem with before and this is only after the Barclaycard issue.     Sorry for the elognated post but for me, the offer whilst it may seem ok, well if it's their offer now and whilst they may withdraw the offer I think it has more legs? The customer should never have bee allowed to get where they've been for the last 15 years......Barclays have had considerably more than the original o/d and they want to stick to terms and conditions but then seem to flout them themselves by not conducting regular reviews or even as recent as knowing a customer is struggling and they still continue onwards unabated.     Deb                                                          
    • cash cowed blind. just run the sb date to infinity for 15yrs.     who are moorcrofts client please   and i bet you have a bank account and or a card with hsbc too...
    • It was for an HSBC personal bank loan of 20k Was passed onto metropolitan collection services which agreed the £1 payment plan and have paid them every month since and they have left me alone. The new DCA is moorcroft and balance is still roughly them same.  I have always paid the agreed £1 as if I got a ccj I would lose my job.
    • What type of Bank loan ?   When you defaulted with the Bank, how much did you owe approx ?   Who did you agree the £1 token payment arrangement with ?  Is this the last DCA you were dealing with, before the debt was transfered to a new DCA ?    Which DCA's have been involved ?    There are many DCA's who have the same parent company owners and also there have been many DCA's bought out by new owners who have taken on the debts.   What is the current debt balance approx ?   Was there ever a period, when you did not make any payments towards the debt ?
    • Yes the £1 per month payment was agreed at the time and happy to continue this as a ccj would stop me from working in my current employment so have always kept to this.
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I left the UK in September 2013 with CC debts and a loan and moved to Namibia, with my Namibian wife, where I had a job lined up.

 

I continued to pay my debts from Namibia when I arrived there until January 2014.

 

The reason I stopped paying, the job never materialised and by January all our savings were gone.

 

I spoke to my UK bank LLoyds TSB at the time, and CC companies, Capital One and Asda Money to tell them what happened and they kept in touch via email with me until around April of 2014, then suddenly nothing.

 

Could it mean they have stopped chasing these debts I owe?

 

My intention is to claim Bankruptcy in the UK, as I have no way of paying these debts off completely, but living in a third world country it's difficult to save the £750 to pay for this. I hate the fact that I have to resort to this as a solution.

 

I have been told by the CAB in the UK there is no reciprocal agreement between the UK and Namibia, but I don't know what this implies.

 

Any advice would be welcome....

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No reciprocal agreement means that even if they got a court judgement in the UK against you, they could not enforce this in Namibia. I think they would struggle to even chase the debt in Namibia. All that will happen is that Lloyds TSB, Cap1, Asda etc will continue to apply defaults to your credit record in the UK, they will continue applying charges plus higher interest. They may also be sending letters to your last UK address in the hope these are being forwarded to you.

 

After a period of time, these creditors will sell your debts on to Debt Collection Agencies who will write to your last UK address, to which they won't get a response. I doubt they would be informed of you living in Namibia. They may obtain a UK court judgement in your absence and hope that at some point they trace you in the UK to gain payment.

 

So what can you do. All that you should do at this stage, is to confirm that you are a permanent resident of Namibia and are not in a position to service the accounts. Then say that you hope your position will improve and you will be back in contact when it does.

 

If you are never likely to be able to pay the debts, then yes it does make sense to return to the UK to file for bankruptcy.

We could do with some help from you.

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Thanks for the info unclebulgaria67

 

It would appear a DCA has managed to contact my wife, I guess they saw her Linkedin profile, and they are attempting to set up an agreement with her, they even suggested that our combined wages should have enough funds to be able to set up an agreement. They have no idea what it's like paying N$17.5 to the pound.

 

The DCA is from the UK and when it was mentioned that the plan was to declare Bankruptcy, they paused, and then suggested a re-payment plan. I guess they will be looking to offload this account pretty quickly if they operate like most DCA's appear to.

 

The creditors all know we moved to Namibia, so I guess they sold on the debts.

 

It looks like bankruptcy is the only option for us.

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Thanks for the info unclebulgaria67

 

It would appear a DCA has managed to contact my wife, I guess they saw her Linkedin profile, and they are attempting to set up an agreement with her, they even suggested that our combined wages should have enough funds to be able to set up an agreement. They have no idea what it's like paying N$17.5 to the pound.

 

The DCA is from the UK and when it was mentioned that the plan was to declare Bankruptcy, they paused, and then suggested a re-payment plan. I guess they will be looking to offload this account pretty quickly if they operate like most DCA's appear to.

 

The creditors all know we moved to Namibia, so I guess they sold on the debts.

 

It looks like bankruptcy is the only option for us.

 

If the debts are in your name and not in your wifes name they should not have contacted her. It would be a breach of your Data Protection rights.

 

If you & your wife are resident in Namibia there is nothing that you need to do at this stage, if you have no assets in the UK. Entering into a repayment arrangement when you are struggling financially would not be a sensible thing to do. Any money that you paid would probably not even cover the charges and interest being added to the acccounts.

 

Just wait until you are able to go bankrupt in the UK and come back to the UK to apply for this. If you are not likely to return to the UK to live at any point, you may opt to do nothing.

 

If these debts are fairly recent, the debt collection agency who contacted your wife may be part of the Bank you had the account with.

We could do with some help from you.

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Thank you again for your advice, it is very much appreciated.

 

We have no plans to return to the UK other than for Holidays and Family visits, however, I am not sure what the consequences would be if we simply did nothing.

 

Does a debt such as this ever get 'written off' by the creditor? Would I be looking over my shoulder for the next however many years.....

 

I have read somewhere that debts may be written off after a period of 6 years, or become Statue Barred, but I'm not sure this is enitirely true, if at all.

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Tell creditors your new permanent address if not done already. Prevents legal action in UK succeeding.

 

Stop writing after that. No more contact at all.

 

After 6 years all default markers disappear from your credit file and debts become statute barred, except mortgages 12 years.

 

Banks sell to debt purchasers when they've given up hope but you simply have to ride out the 6 years as above from date of last written contact to original creditors.

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Thank you again for your advice, it is very much appreciated.

 

We have no plans to return to the UK other than for Holidays and Family visits, however, I am not sure what the consequences would be if we simply did nothing.

 

Does a debt such as this ever get 'written off' by the creditor? Would I be looking over my shoulder for the next however many years.....

 

I have read somewhere that debts may be written off after a period of 6 years, or become Statue Barred, but I'm not sure this is enitirely true, if at all.

 

They can't do much when you are in Namibia. Would have no impact on you, unless a Bank or employer in Namibia wanted you to provide details of your UK credit record. You can visit the UK without any issues, as debt is purely a civil issue.

 

What tends to happen is that creditors conveniently don't notice that a debtor has moved abroad and then at some point they may apply for a court judgement using your last known UK address. You would obviously not know anything about this. But the important thing is to get your creditors to confirm in writing that they have noted that you are a resident in Namibia. Getting such confirmation is gold dust, as you can use it if necessary in the future, if you needed to get a court judgement set side. Set aside in your situation means to ask a court to remove their judgement because the creditor obtained the judgement knowing you were resident abroad.

 

If a creditor did say obtain a court judgement after 5 years of you not paying the debt, they would then have 6 years from the date of the judgement to collect the debt. So you would have a period of 11 years when the debt could be enforced in the UK. If you never intend to come back to the UK or not for a long time, then you might choose to not bother with bankruptcy. If you are likely to come back to the UK within the next 10 years you might decide that bankruptcy is the best option for a clean start.

We could do with some help from you.

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Personally I would write to each creditor using Registered mail informing them you are now permanently living in Namibia and do not currently have the means to service your debts. Inform them that if you should, at some time in the future, return to the UK you will contact them to negotiate the repayment of your liabilities.

 

After about three to four weeks fill in the forms Namib Post will give you to trace lost/missing Registered mail and you will eventually (after several more weeks) get proof the item was signed for, when and by whom - which is then your proof that they knew you were permanently resident in Namibia. This should prevent any unknown CCJ's being registered in your name - and if they are getting them set aside should not be a problem.

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