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    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt.   The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. F   rom your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon.   One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Barclays Overdraft


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I did consider transferring it to a CC also held with them, it has a 15k limit on it, I've not used it for 10 years but it's still

functional, (annual statements/new cards issues etc`) then bunking on the card and going down the CCA route and see

how/where that got me....

 

Stopping paying in 2011 is one thing, but they'd have pursued it with vigour and at the time I was part way into a real messy

situation that had a decision by an OR been scrutinised and then overturned....well it could have been disastrous...

 

Further to that and on theis debacle along had I stopped paying and my credit record smashed I wouldn't have been able

to juggle ith my finances about 3 years ago in a final push to consolidate and pay the remnants of my past life....had my

credit record been poor I would not have been able to work towards consolidation.......

 

Further still, the consolidation of the remnants paid off, reduced my outgoings by 80% allowing me to gradually get myself on

my feet to a point now where the consolidation part is also now coming to an end......

 

Leaving me with just this mess with Barclays, I think I'd like to try is at least attempt some amount of informal litigation with them

and if that fails then play as dirty as what they most likely will by way of my stopping paying them as per your 'what you would do'

 

It's finding a route in that is where I think i'm going to go....I've condensed the SAR, pulled out the grubby bits and will look up

on bcob and such like and see what/if anything there is of a help.

 

In the past i've doorstopped those who have clout within various organisations that have been looking to boot me into touch

with their legalities, it's not always worked but mostly it's gotten something sorted out....

 

It's just a mess, I'm the one to blame I know that.....and it's not like I've done anything wrong or dubious or underhanded or

anything, I've done quite the reverse and sods law it's probably going to be the one that does the most damage, go figure.

 

 

 

 

 

 

 

 

 

I reside in Dawlish Warren but am not a rabbit.

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Going through some documentation......

 

I've found:

Ref to the old account before it was transferred or closed and another opened by Barclays because at the time the account held was

not able to provide an O/D of 7k....but on the old account...no statements exist....but I do have an  'confirmation of personal overdraft

letter an on there it shows a Monthly Personal Overdraft Protection fee of £1.60 (on a £200 0/D) .. There is no personal ovedraft protection on the new account (i have the original application for it after them telling me i needed to open it re extending the o/d from 200 to much more.

and the box isnt ticked for the protection...but it is mentioned in the previous account and the fee for it...

 

I've also found letters from the bank of confirmation of the Barclays Executive Overdraft renewal of 7k on the account I'm struggling with

and where it states a review in 2001 will take place and that I can 'Overdraw;' to my limit whenever I want but should 'not be overdrawn' by

the whole amount........which it has been since 2007 at least.....and there are several letters referencing (2003/4 where I have gone over

my 7k limit, that I should of and charges have been applied (no statements go that far back) there are a couple of those and where there

are mention of fees for those above the overdaft. sometimes £20 a day for a max of three days...and also anothr refernce a year later

for some returned cheques ...where I've been charged for those (but no mention of the charge amount) and again for also those chequest

taking me above a £25 buffer level (on an 7k o/d?)  

 

I guess there are some charges and possible a ppi in there somewhere...ppi not this account in qustion, charges are for this account in

question...probably no more than about £300 in total...but it was 16 years ago...

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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In edit....I found one page of 1 months statement and it shows  2x paid referral fees and a charge for an unpaid cheque....it's the monthly that corresponds with the letter (2004) so probably why I kept it......2x £25 referral fees, 1 x 'transaction' charge for a bounced cheque unpaid... 2004 statement date.

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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On 15/02/2018 at 00:19, Andyorch said:

" andyorch, If I thought I had a chance I'd give it a go, but I'm guessing as it's fees not charges it doesn't apply. "

 

Really ..whats the difference between a fee and a charge ?

 

Well the following cant be correct ....

 

JAN 2009 Statement 'End Balance £6489.14

JAN 2018 Statement 'End Balance £6401.03

 

Payments made 96 months at no less than £100 pcm

or £9600

 

Balance reduced in the last 8 years £88.11p

 

In short approx £20,000 has been paid on this overdraft

 

 

On the Barclays Website it states for personal Overdraft borrowing the max charge is £32 per month (EG If you use an overdraft of £1,200 you'll be charged £1.50 per day when you use it.)

 

Payments made 96 months at no less than £100 pcm

or £9600 over the period

 

"It is classed as an 'Executive O/D Flex (that named account no longer exists)

It's classed as my personal account (which is only use for paying/servicing this overdraft "

 

https://www.barclays.co.uk/current-accounts/bank-account/overdrafts/

 

I suspect its still being treated as a 'Executive O/D Flex Current account

 

 

Andy

 

 

And you have paid a further 7 years 5 months since starting this thread at say £100pm = £8900  :classic_blink:

We could do with some help from you.

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Yup Andy, yer don't have to tell me, I know it.

 

The fees and ppi mentioned above probably don't account to much/ are minimal given the lenght of time, the amounts involved so probably

won't pursue them.

 

I couldnt quit/stop paying the account in 2011, there was too much to lose (property and a rather messy OR predicament (not mine) that

my home at the time fell into....I was at risk of the entire deal being scuppered ....so didn't want to rock the boat.  It sounds easy but it

wasn't..

I reside in Dawlish Warren but am not a rabbit.

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Oh well only a few more payments and you will have paid £30,000,00 on a 7K overdraft....and your worried about stopping payments.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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