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a/c closed & defaulted during claim HELP


martnewts
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Hi

 

I have followed the step by step instructions throught my claim.

 

Sent request for repayment of C£3700 24/10/06

 

Sent revised request for repayment inc contractual interest totalling C£6000 10/11/06.

 

Waited 14 days sent letter before action

 

filed moneyclaim online issued 18/12/06

 

Barclays acknowledged on last day as usual.

 

Allocation questionaire since completed and court date received for mid april.

 

The problems I have are that I received a letter from Barclays towards the end of October stating that they wanted to withdraw banking facilities and OD etc (OD at this point about £2K) and that if I didnt get the account in order a default would be issued or something to that effect.

I then called the debt management unit who agreed that I could take out a resolve loan for the amount. The forms for this came and I then sent them back and heard no more.

 

Around the 30 January I started receiving letters from companies with whom I had direct debit arrangements stating that the direct debit had been cancelled as I had not cancelled any direct debits I then rang Barclays who informed me that my bank account had been closed on 29/1/07 (Coincidentally the date I was paid leaving approx £700 OD remaining from an OD of C£2700) I asked why this was as I had sent back the forms for the resolve loan they stated that they had never received them I asked why nobody had called in this respect they just said sorry there nothing we can do the account has now been passed onto recovery I then called recovery who said that they had nothing on their system yet as the account had only just been passed over to them and that I would hear from them soon. I have not had any further contact with them until receiving a letter last week from what appears to be a debt collection agency stating that I have arrears of approx £198 against the balance of £700. Last week I applied to vodafone for a new mobile contract and today I receive an email from them saying that I have failed a credit score I thought this was strange as I took out a contract 6 weeks ago for my girlfriend. This prompted me to look at checkmyfile.com and lo and behold Barclays have defaulted me stating account closed 18/10/06 with an outstanding balance of £722.

 

I have not received a bank statement covering the end of January when the account was closed.

 

What can I do now have barclays done anything wrong??

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They closed my account and issued a default saying saying that I owed them £249 even though I have a court date for 11th April claiming £5600.

About a week ago I rang them and was told they where going to settle before court as they do. Had a letter from a debt collectors today so have just put together a get f**ked letter which I will post in the morning.

 

When they make me an offer (must be full amount not 1 Penny less) I will ask them to reopen my account and remove the default. Don't really want them to remove the default as then I can take them to court to have it removed and claim financial hardship and distress to me and my family caused by the default.

 

The default doesn't affect me as I don't borrow money anymore and do every thing cash but have a search around a few post I am sure you will find help somewhere

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I have now sent an email (see below) to Krysta Campbell to see what sort of response I get.

Hi

I am currently claiming unlawful bank charges from Barclays in respect of the above account. As you will be aware the case is due to be heard at Bristol Court in April.

I also note that you have now placed a default on my credit record for a sum of approximately £700 when my claim against you is in excess of £6,000 it also appears that this default notice is factually incorrect.

Does the bank intend to settle this claim before or it reaches court? You should be aware that in order to settle this claim the default must be completely removed from my and my partner s credit records it will not be sufficient to merely mark it as settled.

Please telephone me on in order to discuss this matter further.

I am also interested to know why we have not been sent a bank statement for the final period of the account prior to you closing it without any notice?

I am also concerned that you appear to have instructed a firm to collect the sum on your behalf and the letter we have received states that we are in arrears in the payments we should be making to clear this amount however we have not made any arrangements for this to be repaid and you have not even provided us with any details of how we would make repayment.

I look forward to your comments.

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