Barclays and First Credit

[Bilgeman]

Hello, first timer here

 

I had a current account for years with Barclays which was subject to charges which esclated out of control and they ended up cancelling my overdraft facility and passing the account on to a collection agency. The amount owing is around £4000 and I'm certain that most, if not all, of this sum is due to charges. Is it too late to pursue them for this money to be returned or are they still liable despite having passed the buck? I'd be interested to have some feedback on this before I make a chump of myself by firing off a preliminary letter.

 

Many thanks in anticipation

 

Andy

[Bovvered]

You can pursue them for the last six years even if the account is now closed. So I guess that would be from around April 2000, but not before.

 

Familiarise yourself with the FAQ section and read other posts and you'll soon get to grips with what you need to do.

 

At this stage, you need to work out exactly what they took from you in charges since April 2000, send off a DPA request if you don't know, and follow the step by step instructions in FAQ...

 

Keep us posted!!

[HD]

If the a/c is in the hands of a collection agency I think you need to inform them that the debt is in dispute. Not sure if you send the DPA to the agency or to the bank. I have read some threads on this but can't remember where. Try a search on dpa and agencies.

[Bilgeman]

Sorry about the jumbly title. If this subject has been addressed before would somebody kindly direct me to the relevant thread? Thanks

 

Before I became aware of the existence of this site and the possibility of claiming unfair charges I had an account with Barclays which they transferred/sold/whatever to a debt collection agency.

 

 

The amount was several thousand pounds, a good proportion of which was due to unlawful charges.

Like a lot of people I thought I just had to pay it so made an agreemtn with the agency to pay monthly amounts.

Now, of course, I know different.

 

 

I'm considering telling the debt collection snides that, as the debt is made up of unlawful charges,

I will no longer be paying them anything as the account is in dispute

and I suggest they sell the debt back to Barclays for whatever pittance of a percentage they paid for it,

refund me the money already paid and close the matter.

 

 

Then I'll go after Barclays for the outstanding amount. Already sent for statements.

 

Does anybody have any experience of a smiliar situation. I'm sure it must happen a lot.

[rjstott]

There's quite a lot about debt collection agencies in the forum. Before agreeing anything with such people you should be absolutely certain the company has been given the right to collect on behalf of the original debt owner.

 

I would advise that you don't stop paying until you know the scale of your recovery and then only agree to go on paying off the difference (and scaled down if you wish). This should ensure you don't get a default situation. You may (or may not but others have) also have collected additional costs from the DCA, some of which may also be of a penalty nature. These can be recovered using the same principles.

[Bilgeman]

Thanks for that. Do you think there's any value in pushing that as the original debt is now in dispute they have no grounds to demand payment of any sort until the matter is cleared up? I just feel it would be very difficult to get any money back off the DCA at a later date.

[ecobabe]

As I understand it you could send them a Consumer Credit Act 1974 (CCA) request for a true signed copy of the original agreement and also copies of the deeds of assignment if they own the debt.

 

 

You also need to send a £1 postal order as the statutory fee under the Act for this info.

 

 

Send it by registered post,

 

 

under the Act they have 12 working days to respond with the information.

 

 

If they do not do this they have defaulted and you can stop paying them until they comply.

 

 

After one month they have committed an offence under the Act and the debt becomes unenforceable.

I would also send one of these requests to the original company. then after that you could send a Data Protection Subject Access Request to them (form in library) when they reply to that you will be able to see if they have applied charges and start reclaiming them. Look on the general thread and then look under debt collection agencies alanfromderby has a CCA request letter that you could copy and change your details. Make sure you send anything by registered post though and you can check when it is delivered, so it's then 12 working days from that date. I've done this with a couple of dca's some have written back immediately saying that they have returned the debt to the original company. SOme have said that they are requesting the information from the original company and will be in touch in due course, others have sent a blank credit agreement or a computer printout of a balance. non of these is the what was asked for. keep to the timescales even if they write to you, it's their responsibility to have the proper documents if they are managing or owning the debt. I've read that very few companies actually have the original agreements particularly if it's a few years old. Certainly not one of the companies I have written to have to date, come up with the information. but read the debt collection agencies thread some of those folks are far more knowledgeable than me. good luck!

[elsinore]

Hello Bilgeman.

 

Your story mirrors mine in almost every respect. I coughed up 6 x £50 payments before BAG.

I sent a CCA request to the DCA and they failed to come up with either the original loan agreement or a deed of assignment. They had to send me the reply from the original lender which stated that they themselves no longer have the original loan agreement! That means that the debt is unenforcable, So I am asking for my money back and a default removal. If you need any more info please ask.

 

Elsinore

[Bilgeman]

Thanks again, Folks. I'm in the middle of starting an action against NatWest at the moment. This lot are next.

 

Cheers

[shywazz]

Hiya just started similar contact with dca after there wrote seeking 2 lots of money after there said there were acting on behalf of Natwest. This was from over 6 years ago on a closed account ? some kind people on ere are helping me with stuff, look under Natwest threads, maybe some might be of use to you.

[Bilgeman]

Number Three!

 

After succesful campaigns against NatWest and Abbey thanks to the help I got from this site, I'm now turning my attentions to this lot after finally obtaining statements going back to 2001. I've found over £1800 worth of charges consisting of Unpaids and Paid Referrals. There are a few others going back to more than six years ago so I'm probably going to have to let those go. So now I'm off for a refresher course courtesy of the FAQs and a quick revision of the procedure and then I'll be off. Will keep you all informed.

 

Cheers

[Bilgeman]

Preliminary letter's going out tomorrow. The amount's well into four figures. No prisoners!

[Bilgeman]

Had the first reply letter today - basically thank you so much for drawing the fact that you have had cause to complain to our attention. We'll get back to you asap but no later than 27 Feb - which is six days after the 14 day deadline, even allowing for it being 14 working days.

 

Oh and a 'complaints resolving' leaflet.

[Bilgeman]

Two days to go. Nothing yet...

[Bilgeman]

Here's a question for you folks out there.

 

What happens in the situation where somebody has an account (with Barclays) which goes over the overdraft limit and is then handed to First Credit to deal with. The account holder doesn't know about this site so makes an arrangement to pay so much per month and keeps this up for some time. The he discovers this site and approaches Barclays for a percentage of the money back because it's made up of unlawful charges. What should he do about the First Credit agreement? I imagined at first it would be best to pursue the claim with Barclays and keep paying First Credit until such time as the matter's resolved and then to set about First Credit with requests for the original signed agreement and so on. I wonder what would be the position of the bank. Could they, despite the debt no longer being theirs, insist that it goes towards paying off the First Credit balance? Or would they feel obliged to inform First Credit what's going on? Anybody got any experience of similar?

 

Cheers

Bilgeman

[Bilgeman]

Nobody? Surely not??

[Bilgeman]

Nothing! LBA going out today

[sea-sidelady]

Typical silence...! I think they are now all so snowed under they dont have time to reply.

Oh well thats no big deal, hope it all goes smooth for you.

[Bilgeman]

Another fob-off letter today. I suppose this is standard now:-

 

'I refer to our letter dated 7 Feb.

 

I apologise for the delay in providing you with a full response to your complaint and thank you for your patience whilst we continue our investigation''(Hah!). 'Unfortunately we remain unable to respond fully to your concerns at present' (?????). 'However, we will contact you again as sson as possible, and certainly no later than 27 March' (which will then be over 30 days after my original deadline). Stuff 'em. LBA went out already anyway.

 

This is crap, isn't it?

[Lucylou]

Hi Bilgeman,

I'm considering helping my brother start a claim against Abbey and was wondering - do they tend to close accounts down when you claim your charges back?

Cheers

[Bilgeman]

Didn't do it to me but that's no guarantee they won't. I'd just go for it anyway but make sure he opens a parachute account as the advice goes elsewhere on this site Do you need a parachute account? . If he can't get a full current account there are basic bank accounts available. This is the relevant thread for my Abbey palaver. Bilgeman V Abbey - Settled It didn't get as far as commencing proceedings so that might make a difference. In any case, they will be acting unlawfully if they do. See Alliance and leicester fined by FOS for retaliatory account closure. Hope this helps

[Bilgeman]

Anyway - I asked First Credit for a copy of the agreement and about a month on got a letter saying they've written to Barclays for it. Nothing yet. 40 days nearly up...

[Bigmac versus]

Claim the charges back from Barclays, but before you start that send First Credit a CCA request adding that you are disputing the debt and are contacting barclays in respect of this, whilst the amount is in dispute you are stoping payments.

Then send Barclays a SAR for your statements.

Barclays may decide to pay to First Credit, but when you send your letter to them asking for alll your charges back then make sure your settlement will only be acepted via cheque.

 

 

Do you have a default due to this because if you do and the debt is made up wholly or partially of penalty charges then you have a case for the removal of this.

I strongly advise you to read up for a few days.

[Bilgeman]

Well, they wrote back and said after due consideration blah, blah, blah... Go away, we're not paying up.

 

So:-

'Thank you for your letter of .......

You appear to have misunderstood me. I am not asking you if you would be so kind as to refund the unlawful charges you levied against me on this account, I am telling you that if you do not do so immediately I will issue a claim in the local County Court to recover these, along with any thus incurred overdraft interest and Court Fees. I am not interested in your Terms and Conditions. The fact that your charges are unfair and unlawful render them irrelevant. I have already given you ample time and notice of my intentions. Payment is expected by return of post. No further notice will be given.

Furthermore, if these charges have resulted in adverse entries on my Credit Record you must remove these immediately and completely if you wish to avoid further action.'

That's going off to them today.

Hah!!

[ripped_off_no_more]

have you filed your MCOL for no response to your lba PLEASE??