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cellist

Court of Protection, Barclays have taken huge amount of money from my client in interest and charges.

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I'm a court appointed deputy for my husband.

 

In 2008 he was placed under the court of protection due to a severe head injury, at that time he had a Barclays Bank account with an overdraft of £600.

 

When the CoP was put in place he had been in to his local branch and they refused to serve him or talk to him. He was lied to about why and we only found out a few weeks later that it was due to the CoP which had taken over a year to be put in place.

 

His original Deputy was extremely incompetent and cause no end of problems.

 

In a nutshell they began paying his overdraft off at £15 per month but they continued to add charges and interest.

 

In July 2104 the amount owed was down to £126 despite over £900 having been paid, the following month they changed the interest rate and his next interest payment was £18.75, more than was being paid into the account each month. His deputy failed to notice this.

 

I took over as his Deputy in September 2015 and only discovered this around January 2016 when the previous Deputy forwarded a bank statement for him.

 

I then sent required CoP court rulings showing change of deputy to Barclays, who basically ignored them and I also opened a complaint with them regarding the amounts and what had been paid etc. They offered to refund the amount owed and close the account, I asked that they return some of the money that had been paid as it was far beyond what was owed. They declined so the complaint continued.

 

They continued to try and contact the prior Deputy, who having had their duty discharged duly stopped responding or indeed forwarding paperwork to me. The updated deputy court order they had received they continued to ignore.

 

I again contacted them in May or June this year to be told that we now needed to go into the bank to process the deputy change. Which we did, they then very quickly sent through telephone banking details and immediately afterwards a letter saying that the account had been closed and that they would be taking action to recover the outstanding amount which had now built up to £405 overdrawn again.

 

They have closed the complaint and are refusing to refund the overdraft that they had originally offered to do and have told me to contact the Financial Ombudsman if I'm unhappy.

 

Anyone got any suggestions how to progress this please?

 

I'm more than happy to open court proceedings. My husband, with my help successfully won a case against them after his head injury. For bank charges etc, so we're happy to go ahead with that.

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Welcome back to CAG Cellist.

 

Id like to help but feel that a little bit of TLC with this case might help.

So my understanding is that Barclays have potentially taken advantage of your husband in relation to an Overdraft which has escalated out of control?

 

I feel that Barclays could have shown a fair amount of compassion with this.

When the complaint was raised, who was it raised too? Could you let me know. I think that we may beable to get Barclays to change tact...


 

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Hi cellist and Welcome to CAG

 

I personally would let them take action...always cheaper to defend than to instigate.

 

Plenty of other Banks that want your business.

 

Regards

 

Andy


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Do you think it would be easy to defend if they take action?

 

I was rather hoping to get some money back from them.

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Andyorch is quite right in a lot of respects. You could counterclaim if they take action etc

That is when a DSAR request would come in handy. Get all the info from them.

 

Could you answer my questions in Post 2?


 

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Apologies, we went through the main complaints department when you telephone Barclays.

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I see Bankfodder is looking at this thread.

 

You could escalate this complaint further up the chain and get them to relook at it. Sometimes they will reconsider when it hits CEO level. Especially Barclays.

Also The FOS maybe a good option but may take a while. I can assure you that Barclay won't take action that quickly but should it arise,come back to the forum and we can help.


 

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I'm trying to unravel this in my mind a bit.

 

Was the previous Deputy, a court of protection professional? Or is it some family friend or relative?

 

You say that the outstanding balance came down to £126 and you then say that interest payments went up to £18.75 per month. This is an astonishing amount of interest on an outstanding balance of £126. Can you confirm that these are the correct figures and have you any explanation as to how this might have occurred.

 

He said that Barclays have been ignoring your correspondence regarding the court of protection rulings. Actually you say that they were "basically" ignoring…. What does this mean? Where they ignoring? Or are they simply failing to address points that you raised?

 

You say that Barclays are threatening to take action to recover an outstanding balance of £450. I have to say that I can scarcely imagine that they would go to the trouble for this. They will be much more likely to sell the debt on and leave you to face a load of harassment from debt collectors who themselves will scarcely be bothered to take legal action. However, the advice that you have been given that it would be handy if they did sue you, is correct. It's always much easier to respond to allegations and to file a defence and to have to start the whole dreary business yourself.

 

Did you never approach them and asked them simply to freeze the outstanding amount and to discuss a scheme for repayment without interest? Have you talked to them in terms of hardship? This leads me to another question I have to ask, are you actually in financial hardship or are you simply relying on your husband's injury to deal with this problem. Can you give us an idea about your financial situation please.

 

Before your husband suffered his injury, what was his situation and also how was the account conducted? For how long has he held the account?


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Was the previous Deputy, a court of protection professional? Or is it some family friend or relative?

Yes it was a solicitors firm.

 

You say that the outstanding balance came down to £126 and you then say that interest payments went up to £18.75 per month. This is an astonishing amount of interest on an outstanding balance of £126. Can you confirm that these are the correct figures and have you any explanation as to how this might have occurred.

They actually increased from then on until it reached over £400 so the APR must have been incredibly high. The following month it was £24

He said that Barclays have been ignoring your correspondence regarding the court of protection rulings. Actually you say that they were "basically" ignoring…. What does this mean? Where they ignoring? Or are they simply failing to address points that you raised?

They refused to accept the Stamped Court Order from the CoP without us going in to the bank, even though it was embossed by the stamp they use. We eventually had to do this when they finally stated this was the only way to do it.

You say that Barclays are threatening to take action to recover an outstanding balance of £450. I have to say that I can scarcely imagine that they would go to the trouble for this. They will be much more likely to sell the debt on and leave you to face a load of harassment from debt collectors who themselves will scarcely be bothered to take legal action. However, the advice that you have been given that it would be handy if they did sue you, is correct. It's always much easier to respond to allegations and to file a defense and to have to start the whole dreary business yourself.

I assume that it would be the Debt Collectors that would then bring action instead of the bank.

 

Did you never approach them and asked them simply to freeze the outstanding amount and to discuss a scheme for repayment without interest? Have you talked to them in terms of hardship? This leads me to another question I have to ask, are you actually in financial hardship or are you simply relying on your husband's injury to deal with this problem. Can you give us an idea about your financial situation please.

The previous Deputy must have at some point but then in 2014 they changed the way they where charging and increased the interest dramatically from £1 or £2 per month to £18 to £24 per month. We are in receipt of DLA and ESA for my Husband and I get Tax credits as I work part time. He hasn't worked since 2003 due to the head injury, nor will he ever work again.

Before your husband suffered his injury, what was his situation and also how was the account conducted? For how long has he held the account?

I think since around 2000 and he was a very successful IT consultant before the head injury.

Edited by slick132

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Hi Cellist,

 

Do you have copy bank statements covering the period the sol'rs were acting on YH's behalf.

 

I've edited your post above so Bankfodder can see your answers more easily. I'll leave BF to respond to your answers for now.

 

Banks seem to have a real problem dealing with Power of Attorney and Court of Protection issues. It's like they're scared of recognising that the appointed party has the right to act on behalf of the a/c holder.

 

:-)


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I don't have statements but I do have some kind of monthly print off from the past 6yrs that the bank provided, they said that prior to 6yrs they don't keep records for. It shows the amount in debit and the interest payments and credits from the solicitors.

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Hi Cellist,

 

When the bank offered to close the account and write off the debt, was this offer in writing or verbal.

 

The previous Attorney should have applied to the bank to have interest and default charges frozen on the grounds of hardship. This would have enabled the payments to reduce the debt, instead if it increasing with the added charges.

 

A SAR should get you all the data you need and it should not be limited to the last 6 years. However, as others have said, you'd be better just defending any action the bank or DCA takes.

 

Tell us about the bank's offer ..........

 

:-)


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When the bank offered to close the account and write off the debt, was this offer in writing or verbal.

Verbal

 

The previous Attorney should have applied to the bank to have interest and default charges frozen on the grounds of hardship. This would have enabled the payments to reduce the debt, instead if it increasing with the added charges.

They didn't.

 

A SAR should get you all the data you need and it should not be limited to the last 6 years. However, as others have said, you'd be better just defending any action the bank or DCA takes.

I will try this now.

 

Tell us about the bank's offer ..........

Will keep you posted.

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Just done the SAR online with Barclays own system.

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Hi Cellist,

 

We were suggesting you do nothing for now, not even the SAR. Anyway, it's done now .............

 

Did you pay the bank £10 when requesting the SAR.

 

:-)


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They call to take payment for the SAR so haven't paid for it yet. Should I not pay for it when they call thereby cancelling it.

 

I've just realised that they where taking interest at over 100% APR and compounding it.

Edited by cellist
extra info

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Hi Cellist,

 

I've just re-thought this slightly.

 

In your first post you said, "They offered to refund the amount owed and close the account, I asked that they return some of the money that had been paid as it was far beyond what was owed. They declined so the complaint continued."

 

Do you know the exact or approx date of this conversation. If so, when they call to get the SAR payment, tell them you specifically require the call log(s) for the phone conversation(s) on or around xxdates with [whatever] department about closing the a/c.

 

If you can get this confirmed, you should have all you need to see that the bank/DCA drops the matter.

 

:-)


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I don't know when they said this exactly it would have been many months ago.

 

They have passed it on to Moorcroft and sent a letter with their details.

 

How should we proceed?

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Ignore Moorcroft...they will only be acting on behalf of Barclays...they do not litigate.


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with a SAR can you request all telephone conversations or transcripts from a certain period?

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You can ask for call recordings but it would be best if you can narrow down the approx date by some means or other. It would also help if you knew what Dep't you spoke to.

 

Maybe your own phone records would show a call to Barclays (if you called from home), or your mobile should have a call log or bills you could refer back to.

 

If you can't find an approx date, or which Dep't you spoke to, forget the SAR and simply challenge whatever action the bank takes (if any).

 

:-)


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