Barclaycard - Formal Demand

[Just_Visiting]

Hi,

 

First time posting/reading the forums here and I'm in need of some advice.

 

I have an outstanding balance with Barclaycard for around £2,500 (credit card - no ppi).

 

 

Due to loss of job back in 2013 I went in to a debt management program,

since then I've been making payments for the last 18 months or so but at a rate under the minimum amount (agreed with my Debt Management Company).

 

 

In my first year of debt management I made a very small payment £100 or so to my DMC and they paid my creditors.

This year my financial situation had improved somewhat (new job etc) so I increased my payment up to around £200 a month,

 

 

Barclaycard accepted the new offer from my DMC but that last month I've received two letters

(one saying if I don't pay all amounts owed in full they will issue a Formal Demand, and then 3-4 weeks later the Formal Demand).

 

 

I'm a little unsure what to do next,

I simply can't pay the money,

I can't pay more a month as the £200 I'm paying now is a struggle

(I only earn £1000 p/m and bills, rent, car, etc etc plus the £200 to my DMC leave me very little to live on).

 

 

I still have a total outstanding amount of debt to the total of around £10,000 (including the Barclaycard money).

 

What do I do next as I

 

 

have until August to resolve this or Barclaycard will issue my debt over to a collection agency to recover the money,

again I don't have any thing for them to recover

and since I've had to move back in with my parents I'd rather that I didn't get someone just knocking at my door....

 

Any advice or help would be appreciated,

additionally it might be worth mentioning that I suffer from a condition called "telephonophobia"

so find it a real struggle to make any correspondence via this method....

Hope you guys can help

[Conniff]

Welcome JV. Can you tell us who the dmp is with please.

 

It's good you suffer from what you do, the phone should never be used.

[unclebulgaria67]

Are the DMC making the payments to Barclaycard ? Think you need to have a conversation with Barclaycard about what is happening ? Get the explanation and come back for further advice.

 

It may be that BC will only accept reduced payments for a period, before seeing it as a non performing debt. They then sell it to a DCA who is willing to accept reduced psyments over a long period of time. So the DMC will end up paying a DCA instead of BC. It is not a threat to start court proceedings, but simply BC saying that they don't want the debt on their books.

[Bazooka Boo]

A few questions if you can answer them please?

 

When did you take out the sharklaycard?

 

Who is the debt management company? (I hope they are free?)

 

Have you checked your credit files?

 

Have sharklaycard been sending you a 'statement of account' every year telling you what the balance outstanding is?

 

Are they still adding interest and charges?

[dx100uk]

who the DMC?

and list your debts please

 

 

dx

[Just_Visiting]

Are the DMC making the payments to Barclaycard ? Think you need to have a conversation with Barclaycard about what is happening ? Get the explanation and come back for further advice.

 

It may be that BC will only accept reduced payments for a period, before seeing it as a non performing debt. They then sell it to a DCA who is willing to accept reduced psyments over a long period of time. So the DMC will end up paying a DCA instead of BC. It is not a threat to start court proceedings, but simply BC saying that they don't want the debt on their books.

 

A few questions if you can answer them please?

 

When did you take out the sharklaycard?

 

Who is the debt management company? (I hope they are free?)

 

Have you checked your credit files?

 

Have sharklaycard been sending you a 'statement of account' every year telling you what the balance outstanding is?

 

Are they still adding interest and charges?

 

who the DMC?

and list your debts please

 

 

dx

 

 

Hi,

 

 

Thank you for such fast replies. I thought it would make life easier to just quote you all and give the information asked from each of you (as some of you ask for the same).

 

 

The DMC are Gregory Pennington (no their not free), they have been making all payments on time and on my behalf to the credit agencies for the last 18 months or so.

 

 

The outstanding £10,000 is owed between Barclaycard (credit card), Barclays Bank (personal loan) and Barclays Bank (personal overdraft). I also have my car on a finance agreements but this has been kept in good order and I pay the full payment every month without default or any issues.

 

 

The Barclaycard was taken out around 10 years ago, the loan was in 2012 and the overdraft has been on the account for over 10 years (although not in it until around 2012).

 

 

I'm unsure what you mean about checking my credit files?

 

 

I receive a monthly statement from Barclaycard and I believe an annual one also.

 

 

All interest is frozen on all of my credits since Gregory Pennington first took control of my debt management and repayments.

 

 

If you need anymore details please just ask

[Conniff]

The first thing to do on Monday is to contact one of the charities like Step change and get your dmp done by them. You've been paying this company for 18 months for something you could have done yourself for free.

[Bazooka Boo]

Dump this parasitic DMC TODAY!!

 

How much of the money you have been paying them have they been putting in their pocket?

If needs be SAR them to get all of the info they have on you regarding the payments they may or not have made to your creditors.

 

You should definitely CCA sharklaycard for the agreement on your CC,

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

The debts, although they are with the same company, CANNOT be pooled together, they have to be kept separate., is this the case?

 

How much of the overdraft is their charges?

Have you reclaimed all of these?

 

The same goes for any charges, including interest levied on those charges on the CC, you should demand they are refunded, which will lower the total outstanding.

 

Check your credit files using Experian/Equifax, or for free using Noddle.

If you've not checked your CRF with either of the big two, Equi/Exp, then they do a free 30 day trial, but you must ensure you

cancel well within the 30 day trial period.

 

Keep a diary of events also, and copies of everything you receive from now on.

[Just_Visiting]

The first thing to do on Monday is to contact one of the charities like Step change and get your dmp done by them. You've been paying this company for 18 months for something you could have done yourself for free.

 

 

How do I go about changing everything? When I first setup my DMC I was continuously harassed by Barclays, phone calls to my mobile, home and even work address almost daily, countless letters, threats about not paying in full, letters explaining that none payment will result in court action etc etc... don't really want to have to go through another three or so months of this again

[Just_Visiting]

Dump this parasitic DMC TODAY!!

 

How much of the money you have been paying them have they been putting in their pocket?

If needs be SAR them to get all of the info they have on you regarding the payments they may or not have made to your creditors.

 

You should definitely CCA sharklaycard for the agreement on your CC,

 

The debts, although they are with the same company, CANNOT be pooled together, they have to be kept separate., is this the case?

 

How much of the overdraft is their charges?

Have you reclaimed all of these?

 

The same goes for any charges, including interest levied on those charges on the CC, you should demand they are refunded, which will lower the total outstanding.

 

Check your credit files using Experian/Equifax, or for free using Noddle.

If you've not checked your CRF with either of the big two, Equi/Exp, then they do a free 30 day trial, but you must ensure you

cancel well within the 30 day trial period.

 

Keep a diary of events also, and copies of everything you receive from now on.

 

 

I think they take £15 p/m as their "admin fee" which at the time I didn't mind paying as my life was a total wreck (lost job, going through breakup after 10 years together, having to move back in with my parents etc etc).

 

 

I didn't realise that debts from different companies could be put together? How does this work? Is it like a loan to pay off my creditors and then I pay the loan? Or some type of credit agency buy my debts and then I just own them the one sum with agreed payments?

 

 

No charges that I am aware of, the overdraft was free and part of my current account. I'm unsure with the Barclaycard, what charges would you be talking about? I've never been over my credit limit (£8,000).

 

 

I have viewed my credit file with Experian just before I went in to debt management but cancelling this was a total nightmare and they would only do it over the phone....

 

 

Sorry, all of this is new to me and I'm not really up on what everything is when it comes to financial stuff..... I guess that's why I'm here

[Conniff]

If you contact either Step Change or National Debtline they will give you all the information you need and in most cases do it for you.

 

I have viewed my credit file with Experian just before I went in to debt management but cancelling this was a total nightmare and they would only do it over the phone....

 

That's because they then take a direct debit of £16 per month so don't want to make it easy to cancel. The regulations say that you can get it by post and the maximum that can be charged is £2.

[fkofilee]

If you contact either Step Change or National Debtline they will give you all the information you need and in most cases do it for you.

 

 

 

That's because they then take a direct debit of £16 per month so don't want to make it easy to cancel. The regulations say that you can get it by post and the maximum that can be charged is £2.

 

Or consequently Noddle is your best friend from Callcredit. Completely free and no Im not a salesman!

Greg Pen have been in trouble with the FCA but you wernt to know that. You can go to Stepchange or Payplan and they will help you arrange a DMP or you can go at it alone

 

Bet you lots off charges on the account.

 

Do me a favour. List your other debts here and start a seperate thread for each one. We will help you out for sure I used to think that it was incorrect to add debts together however, they can do it in some circumstances. (Ive seen people with debts below the old Bankruptcy threshold with the same DCA and then they poole them together to bring it above the £750 limit)

[Just_Visiting]

Or consequently Noddle is your best friend from Callcredit. Completely free and no Im not a salesman!

Greg Pen have been in trouble with the FCA but you wernt to know that. You can go to Stepchange or Payplan and they will help you arrange a DMP or you can go at it alone

 

Bet you lots off charges on the account.

 

Do me a favour. List your other debts here and start a seperate thread for each one. We will help you out for sure I used to think that it was incorrect to add debts together however, they can do it in some circumstances. (Ive seen people with debts below the old Bankruptcy threshold with the same DCA and then they poole them together to bring it above the £750 limit)

 

 

You mention changing to another DMC or going it alone, how does this work? Will I receive the same as I did before (all the letters, phone calls, harassment)? What benefits/restrictions does changing this impose?

 

 

I don't know what my outstanding balance with each creditor is, at the time of taking up DM 18 months ago we were looking at;

 

 

Barclaycard - £3000

Barclays Loan - £7500

Barclays Overdraft - £1000

 

 

I don't have any other debts managed by Gregory Pennington and my Car with Santander is up-to-date and paid-in-full with around 30 remaining payments (£200 p/m).

[slick132]

For the BC a/c and the Barclays Loan a/c, you can reclaim all penalty charges added to the a/c's, eg late or missed pay't fees, overlimit fees, returned pay't fees.

 

If you don't have all a/c data to look for such charges, a single SAR to Barclays will produce data for all a/c's with them.

 

If you do have the a/c data, go through it for each a/c and identify the date and amount of each penalty charge. When you're ready, you can put this data onto spreadsheets.

 

[Just_Visiting]

For the BC a/c and the Barclays Loan a/c, you can reclaim all penalty charges added to the a/c's, eg late or missed pay't fees, overlimit fees, returned pay't fees.

 

If you don't have all a/c data to look for such charges, a single SAR to Barclays will produce data for all a/c's with them.

 

If you do have the a/c data, go through it for each a/c and identify the date and amount of each penalty charge. When you're ready, you can put this data onto spreadsheets.

 

 

 

To my knowledge there isn't anything on any of the accounts, I don't recall ever having to make any penalty charges but if you guys say its worth investigating then how would I go about this??

[slick132]

Hi JV,

 

You'd normally incur penalty charges on the BC and the loan a/c's if you were unable to service them as required. Unless you informed the creditors immediately when you couldn't pay, I'd expect you to have incurred such charges.

 

See the template here - http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

You can mention each of the a/c's and their loan numbers to ensure they supply all the required data. Include the a/c with the o/draft, even though you can't recalim charges on that.

 

[Just_Visiting]

Hi JV,

 

You'd normally incur penalty charges on the BC and the loan a/c's if you were unable to service them as required. Unless you informed the creditors immediately when you couldn't pay, I'd expect you to have incurred such charges.

 

See the template here -

 

You can mention each of the a/c's and their loan numbers to ensure they supply all the required data. Include the a/c with the o/draft, even though you can't recalim charges on that.

 

 

I've seen the template letter and all I seem to be requesting is a copy of any information regarding myself which they hold within their systems, is this correct?

 

 

Ok, so not to sound silly here but why do I want this information?

 

 

How is this going to help my case in reference to the Default Notice I've been served (which will be in place before I receive a response)?

 

 

You guys seem to have lost me a little here,

 

 

what exactly am I looking to achieve through this and will it prevent the Default Notice from coming in to effect??

(not that my credit file could get any worse anyway....).

 

This whole situation simply confuses the heck out of me and I'm lost as to what I need to be doing next..

. is going bankrupt an easier option as the people who I know that have done this seem to have gone bankrupt 3+ years ago

but now everything is over and done with, everything seems to have moved on and life is all peachy again

where as I'm trying to continue to make payments and fulfil my outstanding debts (all be it at a slower repayment rate)

and the creditors seem to want to make life as difficult as possible.

 

 

.. all of my credit/loans are unsecured and I don't own any personal assets for them to reclaim (house, car etc etc)

so wouldn't it just be easier to think "fek em" and not pay anything as it can't be any worse then how things are at the moment....

[dx100uk]

sar to Barclays.

 

 

and for god sake dump that fee paying DMC

pennyies are one of the woerst for taking fees and doing nothing much bar the very smallest of payments.

 

 

there is no need to use a fee paying DMC

they have no more clout than you me or the free ones

 

 

all you do is line their pockets for nothing ...dx

[dx100uk]

who checked your debts were enforceable before you even signed up with greedy pennies to pay them off?

certainly not greedy pennys that's for sure!

 

 

they not only get fees from you

they also get a % pof every payment you make on your debts by getting the tax back in the backfround.

 

 

and esp so if you are paying debts off to debt collection agencies.

 

 

go read a few threads in this forum

 

 

you'll soon get the idea

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?417-Debt-Management-Plan-Companies&order=desc

 

 

dx

[Bazooka Boo]

The harassment you have explained is par for the course for financial companies, hence why you should keep a diary of events

with a view to reporting them to the police for the criminal offence of harassment.

 

The letters are simply computer generated, and are spat out at regular intervals on a cycle, they have no idea

at what stage of the threat letters you're at until you contact them, then they look at their computer screen, and

then start reading from their script, which is why you never call powerless DCA's.

 

There are letters you can send to them to instruct them that they are not to continue their phone harassment.

Plus there is one to tell them you won't entertain any of their random doorstep strangers that they might think of using.

[slick132]

I've seen the template letter and all I seem to be requesting is a copy of any information regarding myself which they hold within their systems, is this correct?

 

Ok, so not to sound silly here but why do I want this information?

 

How is this going to help my case in reference to the Default Notice I've been served (which will be in place before I receive a response)?

 

You guys seem to have lost me a little here,

 

Hi JV,

 

The SAR is a request for data held by the bank about you INCLUDING details of penalty charges and/or PPI on the a/c. These amounts can be reclaimed to reduce the balance owed to BC.

 

With BC cases, many of our site users have reclaimed penalty charges PLUS compound restitutionary interest. Where the charges go back a few years, the effect of claiming compound int't can be significant making a claim for less than £1,000 in charges worth many thousands of pounds.

 

So, in some cases, reclaiming penalty charges and/or PPI can result in Barclays clearing an a/c in ful AND paying you the balance.

 

If you have all old a/c statements, you can get the data you need from them without the need for an SAR.

 

;-)