URGENT help required - Barclays Business Account

[alumb05]

Hi

I am writing for help on behalf of my partner and her business partner. I'll try keep this story short and please keep reading as any help or advice is very much appreciated.

They opened a business 3 years ago as hairdressers and to cut a long story short it didn't go to plan and they ended up closing the business at the end of August 2006. During this time they had financial problems and went into the red. The bank charged them on numerous occasions and they then had a meeting with their Account Manager. This person appeared to be very helpful and said they would stop charging them to let the get back on their feet. They did a great job and turned things around but as soon as their account had cash in it the bank took £350 and wiped them out again! This is when they decided to inform the bank that they were closing the business.

Whilst the business was open they had to get out a £1000 loan to clear some debt and then after the business had closed the wonderful business manager told them that interest would stop being put on to their business account to give them a bit of a breather if they paid off the loan. They did this but now, with no warning or threats they have sold the debt to a debt recovery company. They didn't receive any phone calls or letters until my partner got a letter to her home address saying they have 7 days to pay up over £3000. This morning she has telephoned the Debt recovery company who have said they basically just have the figure and no details of what it is all from (the figure seems to be much higher than what they actually owed, even though I know the debt recoverers will of added to it). She then phoned the bank and spoke to the business manager who has said they can't do anything or even get into the account to look at it because it has been closed. There must be some way of seeing what has was paid off and getting all the outstanding statements that were never received between the business closing and now.

Can anyone offer any advice on this? I am going to go through their statements up to the business closing and start with claiming their charges back but is there anything else we can do? Is it right that they can't access their account now because it was closed last week? Don't they have to show proof of what is owed before sending a letter saying you owe us £3000? Please help!!!!

Aaron

[lookinforinfo]

First send a cca request to the debt collector [who are they by the way?].

Include a £1 postal order.You will find the template letter in the General Debt section. The first part of the section are all "sticky" threads-the last one in the subsection contain the

letters-you want letter N. This will stop them pursuing you until they comply

with the demand. They have 12 working days plus a couple moreto allow for the mail. Come back to us and tell us what they say and send.

 

Next send a £10 postal order along with an sar to Barclays who have 40 days to respond. You will find that letter in the FAQs section [first page of the forum] and then look in the step by step guide. Read the other details there

as you will find how to reclaim unlawful charges that the bank has applied to the account over the years, thus reducing the amount owed.

The sar will give you details showing how much they have charged, and when

the debt was transferred to the collector and how much the debt was then.

[ The cca should include a financial statement of how much you currently

owe and should show if they have added anything to the debt].

 

Keep us informed on this thread of what each of them say and send.

 

Have you anything in writing from your business manager of the things he

said would happen and didn't? Make a point of asking for a copy of the

default letter they sent, and when it was sent.

[alumb05]

Thanks for all the advice, i will try and sort out the letters tonight.

 

The Debt Collectors are 'Central Debt Collection Services' in Manchester.

 

Thanks again

 

Aaron

[lookinforinfo]

Are you sure that is there actual name? They have no website and they do

not appear to be registered at Companies House, nor with the ICO.

If that is the case, they are not allowed to process your data

 

Is there anyone who can dig out some info on this company?

[alumb05]

I have just done a bit of research on them and they apparently are a Barclays In House Service. All the details i have are as follows:

 

Central Debt Collection Services

PO Box 49

Manchester

M60 3EG

Tel - 0870 154 6091

[alumb05]

Please can you give me the link to the S.A.R

 

Thanks

 

Aaron

[lookinforinfo]

Thanks for that.

You can find the sar template in the FAQs section on the first page of the forum. Thereafter, click on the step by step guide for what you want.

Whilst there it would be of advantage to you to read the other articles in

that section.

[alumb05]

Hi, i have just read through the SAR, should i still send this even though they are already sending us all the statements since the business started (requested yesterday, should arrive tomorrow). Is it worth sending it just so there is a paper copy as the request was done over the phone and they are just sending the statements and nothing else.

 

Thanks again

 

Aaron

[lookinforinfo]

Yes you should since you get an awful lot more info from the S.A.R - (Subject Access Request)-and facts

that you may need if it ever ends upin Court.

 

I had to speak to the Information Commissioners Office today on a personal matter, and so I asked

them about Central Debt. They said that perhaps being in house meant that

they made no decisions and were therefore data processors rather than

data controllers, so did not need to notify the Information Commissioners Office. They suggested you ask

them, and if you are not happy with the response, you can apply to the iCO.

[alumb05]

Hi, got the statements yesterday. Are we allowed to claim for what they call 'commission for period (date range)' which i think are general charges for being over drawn and also for 'Unpaids Out (what looks like a sort code)' which i believe are charges for bounced cheques?

 

Another thing, i paid in over £500 to their account in December to clear the loan as advised by the business manager, transfered via internet banking from my personal account. The other partner in the businees paid in cash in the bank on the same day in December. This should of cleared the loan but they have not sent out statements for december, the statements end in October. I think this maybe because they put a freeze on the account. However, they have still got this money somewhere because it was transfered yet they want us to pay it again because they have added it onto the debt to their Debt Collection people!! I need to chase them up about this because i don't see how they think they can get away with it!!

[lookinforinfo]

Hi, got the statements yesterday. Are we allowed to claim for what they call 'commission for period (date range)' which i think are general charges for being over drawn and also for 'Unpaids Out (what looks like a sort code)' which i believe are charges for bounced cheques?

 

ALumb, these are very basic questions that you are asking and they are

covered in the forum. If you intend to take any kind of legal action it is

vital that you understand the grounds on which you are reclaiming the

charges. As a minimum, read the FAQS and the step by step guide, though

there are many other threads in that section that will help you win any claim

you take against the bank for unlawful charges.

 

As for the missing grand, you can ring them up and ask where did your £500

go that came out of your account in December[tell them the date of the transaction], if it didn't go to your business loan. And when you know where

that went, confirm that the £500 paid in by your partner went there as well.

 

Can't see why they would freeze a loan account when there is no danger of

money going out of it and they wanted the loan cleared.

[Deepthroat]

I have just done a bit of research on them and they apparently are a Barclays In House Service. All the details i have are as follows:

 

Central Debt Collection Services

PO Box 49

Manchester

M60 3EG

Tel - 0870 154 6091

 

I can confirm that this is Barclays Collections. They also have another department in Leeds

[danler]

As for the commission charges, such items as paying in money and clearing a chq (about 64p) no you cannot claim.

But on your statement of commission charges they charge you £10 for every chq they clear whilst you are overdrawn (referral charge) - you can claim on these. You will need to get hold of your commssision charges statements to get these figures.

The unpaid out (usually £35) yes you can claim these aswell.

 

Regards

Danler