seapring v Barclays

[saintly_1]

About 4 weeks before your hearing

[seapring]

Hi folks,

 

Got a rather distressing letter from barclays today regarding my account which is subject to the court appearance /bank charges.

 

The bank terminates my agreement as of 1/08/07 and maked demand for fulland immediate repayment of the balance of £1666.52 witheffectfromthat date.Daily interest charges of £0.42 will accrue from that dater until full payment is made.If you do not settle the balance on your account, the bank maytransfer responsibility for recovery of the debt on to one of its recoivery units or agents with a view totaking further action. Additionally it is the banks intention to register details of the account with credit reference agencies.

 

Can somebody please tell me what is going on as i sent them a letter telling them it the subject of acourt case and i thought they could not do anything until after the court hearing.

 

i will be grateful for any advice on what to doabout this asap, so i cansend them a reply or something

 

many thanks,

 

seapring

[smutley]

This is dreadful and I am sure we will see a lot more of these letters, me for one will be waiting for mine.... wonder if you can say 'skip the debt agency, take me to court now' ?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html?highlight=A+%26amp%3B+L+Fined

 

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/75699-co-op-doing-again.html?highlight=closing+account#post661400

 

Been looking araound and come up with these threads

[seapring]

thyanks for the reply saintly 1. I wshall send send letters off today along these lines.I thought the banks could not take any action while a court case was pending, so maybe i was wrong

 

many thanks,

 

seapring

[dar£n]

i hada similar thing with my overdraft being withdrawn, without notice.

 

I stormed the local branch and asked to see an adviser,

Their reply

"Have you got an appointment, if not you cant see one"

 

My reply:

"OKAY I DEMAND TO SEE AN ADVISER NOW!"

 

i saw one immediately, and asked why my account had been 'tampered with'

my O/D facility removed AND a £30 charge applied.

They were very arrogant until I suggested it was more than a coincidence that the day after Head Office would have received my court bundle that this action was taken and that I saw it as an act of retaliation against my actions and I would be complaining.

I stated I wished to make a formal complaint to Barclays before taking it further.

The adviser buckled within seconds....my account was restored and charge refunded by the end of the day.

 

[seapring]

Hi Guys,

 

my case was put on hold until 1 month after the test case or until next october, which ever comes soonest. however I have today received a letter from a debt manager demanding that I repay the debt in full, and notice that the bank has added on even more charges. As the case is under the court, what is my best action with regard to this latest letter please.

 

many thanks.

[a_sly_crab]

Hi seapring,

 

You could try contacting the BLT coz they should be able to help in terms of chasing debts?

 

Worth a try? Their details are somewhere on the BLT good or evil thread i think.

 

Crab

[slick132]

Hi SP,

 

Sorry to hear they're still harassing you. Is it the bank or a DCA.

 

Read here - http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf - and consider using one or more of these sections:-

 

2.6(a) re frequent contact

 

2.6.(h) ignoring your contention that debt is in dispute

 

2.8(i) failing to investigate/provide details (re missing info they still owe you)

 

2.8(k) not ceasing collection while investigating queried or disputed amount.

 

You could use one or more of these sections to quote to the bank/DCA and tell them that, as they continue with their harassment, you will now be file compliaints with your local Trading Standards Office and the OFT.

 

Then make official complaint to each.

 

Come straight back if unsure, Slick

[seapring]

Hi

 

many thanks for the reply slick. It is the second debt managers company that is trying to collect the debt under dispute. I have now received an urgent final demand and barclays have also appeared to add more charges to the disputed account.

[slick132]

Hi SP,

 

Write to the Barclays dep't who has sent final demand and confirm that your charges claim has been Stayed until after OFT, so your a/c with bank is "in dispute".

 

As such you now require that they stop all collection attempts until after your court case is heard or the matter is resolved. Send by Rec'd Del'y. Tell them any further attempts by bank or DCA to demand this money will be reported to TS and OFT.

 

Send copy of this letter to anyone else that harasses you about the disputed a/c.

 

Make official complaints to TS and OFT as outlined above.

 

They ARE allowed to continue to add chgs to the a/c while your case is Stayed but you should be able to get these back later.

[seapring]

Hi,

 

Are businesss charges reclaimed in the same way as peronal charges?

 

many thanks,

 

jonathan

[slick132]

Hi Seapring,

 

The OFT case ruling handed down on Thursday has totally changed the prospect of reclaiming charges on a business a/c. Current advice is don't start a new business chgs claim.

 

We're still working on what claimants should do about cases which have been started and are now Stayed.

 

I've looked through your thread and can see no mention of this being a business a/c claim - please confirm.

[seapring]

hi slick 123,

 

thanks for the quick reply. No.i have a personal account , and a sole trader business acccount, so was wondering if i could reclaim those charges as well.

 

many thanks

[slick132]

Hi SP,

 

If it's a business a/c, the answer is now NO, based on the interpretation of Thursday's judgement.

 

We have to see if appeals are made by either side in the next month.