Jump to content


  • Tweets

  • Posts

    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
    • no rush yet not due for 3 weeks as per andyorch's information above   i'm sure we'll get time before then.   dx  
    • There is a space for comment on the N180 where you can state that you wish to object to any request by the Claimant for an "on the papers" hearing. I wouldn't worry about the permits term, as the non-display of a permit is not the apparent cause for action against you. Have you sent them a CPR request for documentation?
  • Our picks

mahharg

Barclays wrote off OD debt, now saying I still owe

Recommended Posts

Hi all

 

Just a quick one for those in the know.

 

Back in 2015, I was on a payment arrangement for a bank account overdraft.  The account was closed and I was paying something like £20 per month on a payment arrangement.

 

Out of the blue in 2016 I got a letter from Barclays collections stating:

 

Account number ********

Outstanding Balance £0:00

 

Dear me

 

Your debt is now considered satisfied and can confirm that no further action will be taken against you.

 

Any standing orders or direct debits you have set up in favour of this account should be cancelled.

 

yours sincerley

your collections and recoveries team

 

My balance at the time was over £1000, so I was very happy with the letter.

 

Anyway long story short, I had to phone barclays regarding a diiferent loan that I'm on a payment arrangement and the recoveries team are saying that I owe the money on the bank overdraft account.   I complained to the complaints team.  I was informed that the letter that I received in 2016 was issued in error and I still owe the money.

 

I was further advised that it was up to me how I approach this.

What do you suggest, should I pay or should I abide by the letter issued in 2016?

 

Thanks guys

Edited by mahharg
missed text

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

Hi Mahharg,

 

Stay OFF the phone and keep all contact in writing only, so you have a papertrail.

 

If you did have to speak to the bank on another matter, you should have refused to discuss the issue of the overdraft that was written off as per their 2016 letter.

 

Keep the letter safe for future reference in case someone tries to collect for the o/draft again.


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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Thanks slick123

 

That letter is going nowhere.   I don't bank with Barclays anymore and I did say that I don't want to talk about it on the phone. 

 

It's the "I can decide what to do next" comment that makes me think they are aware that if I didn't pay it, they couldn't do much about it.

 

I just need to know with the letter, could I legally not pay it?

 

Barclays have admitted it's their error in sending it in the 1st place.  I haven't paid a penny in over 3 years.

Edited by mahharg

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

If they wrote saying the debt was written off, I'd say you have nowt to worry about but see if others agree.

 

😎


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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

That's what I'm thinking especially when they were kind enough to show the balance as zero.  But as you mentioned, let's see what others think. 

Thanks Slick 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

This case has a slightly interesting parallel with a another case on this forum which I will try and find and post up for you.

The collections department at Barclays seem to be extremely aggressive and appeared to be completely prepared to ignore letters which have gone out announcing that a customer will not be held liable for repayment of a certain sum.

Have you looked at your credit file? What have they said about interest over the three years that nothing is been paid? What do they say the outstanding sum is at the moment?

I would suggest that you send Barclays an SAR you need a very thorough disclosure of everything and you might find that there are some interesting internal notes on this as well as true reasons for which you were sent the letter. It might not have been an error at all. It might have been deliberately sent by a different department and then the collections department have disagreed. This is rather the case in the other thread that I have referred to on this forum


Share this post


Link to post
Share on other sites

 

There is a similarity to the extent that Barclays permitted money to be withdrawn from a joint account by an estranged husband even though there was a block on it. Barclays then wrote to the wife telling her that it was their error and she would not be held liable. Despite that there has been at least one attempt to repossess the property and there are still ongoing threats.
A release of internal memos shows that it is the collections department which is causing all the trouble


Share this post


Link to post
Share on other sites

The account was closed down in around 2013.  I had 2 loans and this overdraft that I was struggling with.   So all 3 were sent to collections.  All 3 were defaulted and have now cleared off my files. 

 

I just think I'll let my complaint run it's course then guard it to the ombudsman. See what they think. 

I think what you say is right. The errors appear to come from collections.  Even the complaints team can't appear to overrule them. 

Edited by mahharg

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

Just to claify a few points before I rush off to work.  

 

All 3 were sent to internal collections.

 

The letter regarding the owed overdraft from the closed defaulted bank account came out of the blue in 2016.

 

No attempt to recover the money was ever attempted since the letter

 

Only due to a phone call regarding the loans that I was told there was an outstanding balance (no interest added just the balance as off 2016).

 

complaint informed me the letter was sent in error and the balance is still owed....apparently. (verbally)

 

I will be waiting for a final written response before going to the ombudsman.

 

Thanks guys   have a nice day

 

 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

A quick query.  Do banks have to send periodic statements? 

 

I ask because if the written of letter was issued in error, I'm wondering if the bank have broken any rules because I've had no statement for 3 years (since the letter) 

I also question why I have not been chased regarding the outstanding?

 

I honestly believe it wasn't issued in error at all. 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

Only on a pre arranged overdraft ....

 

(9)This section does not apply where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/77A

 

Andy

 

 


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Send the SAR


Share this post


Link to post
Share on other sites

Complaints manager has now confirmed that the account is classed as satisfied as per 2016 letter and I won't be persued for the remaining.  

I will be getting a final response letter stating that .

 

 

 

 


Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...