Barclays Bank Default:help needed

[frogeye]

Hi All,

I am new to the forum and hope to have placed my thread in the rigth place. Before I start I want to thank the site and all of you sharing your experiences. It is very helpful.

 

I have just found out that having been offered and accepted a new job that the offer was withdrawn due to a failed credit check. It was stated that Barclays has registered a default against me back in Sept of last year. Imagine 6 month ago! 6 months waisted.

he default relates to an overdraft on my current a/c which was hit by all the abusive charges you can think off. As I read through the forum, it has dawn onto me that I have never received any formal default notice from them in any shape or form. I am shocked and furious because despite having gone through a difficult and stressful time in 2009, I have always informed Barclays about the situation and was continuing to make payment to reduce my overdraft. I felt let down.

What,to this day, I still fail to understand is the abusive tactics they employ to recover funds no matter what and lack of communication. I was still making my payments (an they were happy to take my money) up to january but still blissfully unaware that they had defaulted me months before. The irony is, that I also have other barlcays a/c and loans with which have not been defaulted. I don't get this. Had I known the situation I would have acted sooner.

 

As you would imagine in good Barclays fashion they have passed the matter to lovely CSL to deal with this case.

My overdraft is still outstanding but I have the ability to clear it. I have the following questions to help decide the best course of action to get the default removed.

-Should I seek legal representation to deal on my behalf?

- Do I send a letter to Barclays stating that in spite of disputing the charges on my account I am willing to offer full settlement of the amount outstanding?

- If so, What angle should the letter take? Any one has a template? Am I correct in assuming that by offering full settlement I would have better leverage or it does not change a thing?

- Do I go down the route of dispute the charge by sending the known letters stating that their are in breach of CCA and DPA and try to get the default removed that way?

- Challenge them to court?

- In sending any letters (ie: settlement proposal and charge challenges) is it better that I send it or a solicitor?

 

I am extremely angry and frustrated like many of you with this Bank and feel to have been totally let down and abused with charges.

 

Based on your experience and knowledge of the legal framework, what is the most sensible tactic to have the default removed? Can it be solved in one step or is it likely to be multiple stages?

 

Apologies for the brain dump,I appreciate your opinions and thoughts. Any help is appreciated. Thanks, F

[frogeye]

Any ideas anyone.

Thanks

F

[slick132]

Hi Froggy and welcome to CAG.

 

I think you should start off by sending the bank a SAR - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

This should get you all that Barclays hold regarding you, including any default notice that they may have sent.

 

Get a copy of your credit report to see for yourself what's been marked against you. It may be that there's no formal default, but your credit records may accurately show that you are over your o/d limit or have an unauthorised o/d.

 

You ask several Q's and I'll answer them:-

 

Solicitor - It will cost a lot to engage a solicitor to deal with something like this and you may struggle to find one experienced in dealing with such matters. There are plenty of resources here that you can use to your advantage and they won't cost you a penny.

 

Pay off overdraft - If you can afford to do this, do so now to avoid losing another job because of your credit record.

 

Dispute the bank charges - You can still dispute the charges, for instance, on the grounds of hardship if you are unemployed or on low pay, etc. But this will take time, and research on your part.

 

Threaten Court action - No use at this stage, until you know exactly what is showing on your credit file.

 

Since the OFT Test Case about bank charges was concluded a few months back, the chances of disputing and reclaiming bank charges is now greatly reduced unless, for instance, you can show your are in financial difficulty.

 

Is there no chance of negotiating about the withdrawn job offer, by telling the employer exactly what the credit file marker is for. It's not like you have a CCJ against you, wich would be far more serious.

 

Spend time reading around the forums - there is much for you to read and learn here.

[frogeye]

Slick,

Thank you for your reply.

I have looked at my credit report and can confirm the Default on there.

What I would like to know is that if I pay my overdraft will it not be more difficult then to have the default remove? Also, if I pay, on what ground would I be able to justify the removal. I am pondering sending a letter offering full settlement in exchange of removal of the default. It has to be worth a shot? Any objections?

I will prepare a draft and post it for your comments.

I will of the SAR to obtain all information they hold.

You are correct Slick, I was going through hardship and other stressful extenuating factors (redundancy, step father with cancer, my mother heart attack.) You get the picture. How,and would it be worthwile mentioning to them?

Thank you guys,

F

[slick132]

Hi Froggy,

 

Personally, I don't see that you have grounds for the removal of the default. Nor do I think Barclays would agree to remove the default if you offer to pay in full.

 

Even if you challenge the bank charges on the basis of Hardship and the bank refund some, they do this as a gesturte of goodwill and without admission of any wrong-doing.

 

If you pay the o/d off now, your credit record will be amended to show the debt is now settled although the default will remain visible.

 

The only way I think you have a chance to dispute the default itself is to send off the SAR and see if anything comes back that enables you to query it.

 

You can try for a refund of charges on the basis of Financial Hardship. See here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/117-letter-for-an-application-for-consideration-for-hardship

 

Whilst I'm sorry to hear of the stresses you've been through with family illness, these will not be taken into a/c. It is only your own finances which will be taken into consideration.