Barclays offer to close an account and write off amount 3 part issue ***Settlement Reached***

[Deb T]

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.

 

 

 

 

 

 

 

 

 

[Deb T]

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 June 11, 2019 by Deb T

[Deb T]

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 June 11, 2019 by Deb T

[AndyOrch]

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  

[Deb T]

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..

[AndyOrch]

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.

[Deb T]

 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

£8k 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 original 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 initial 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 Barclaycard 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 worth ability 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 elongated 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

[fkofilee]

Read completely - Take the offer and run... Its not every day Barclays will do this.

[dx100uk]

threads merged for complete history

[BankFodder]

Open

[Deb T]

This is the final resolution, reached at the beginning of October.:

 

 

Barclays offered to write off the entire amount on the o/d of just under 8k

Barclays agreed not to register any default on the account.

Barclays also agreed not to mark the credit file of the account holder accordingly.

 

The Ombudsman stated that what Barclays had offered was more than what they

(Ombudsman) would have required them to do.

 

After some thought Barclays offer was eventually accepted and where upon acceptance

Barclays closed the account and sent a letter of apology to the customer (not sure

what the relevance of that was but they sent it anyway)

This now concludes things in full.