Default from unfair charges

tryingtosortmyselfout

Hi

Wonder if you can help. I am finally sick of not being able to get credit due to a default on my credit file. It is from an overdraft from Barclays from 2003. I was made redundant and was in serious financial difficulty, and their £25 a hit pen charges was putting me into immense debt, for which i had to enter into an repayment agreement to pay back.
I never managed to stick to it, and the account was placed into default. My credit file shows the debt has been passed to CL finance, who have made ZERO effort to contact me regarding the debt in the 4 years or so they have had it. The default is for £370 yet they owe me £490 in unfair charges.

I am currently in the process of reclaiming some credit card charges and have seemingly had a little success with one, still waiting on the other.

My question is, with the bank charges case on hold, can i still place a claim considering their unfair charges are having a very negative impact on my fianancial situation. Also, my local court (Oxford) seems to be one of the ones NOT staying claims according to another thread.

Also, would the £370 mentioned in the default notice be the amount i "owe" or would they have topped it up and just not told me? I've read horror stories where DCA's have taken a small debt and added escessive interest charges to it to take it into the thousands!

I really would like to get this default removed from my account as my credit history is fine otherwise.

Thanks for any advice
Tim

tryingtosortmyselfout

Bump! PLEASE? Anyone?

tryingtosortmyselfout

Is there noone that can help me at all with this? Please??

midge61

Hi

I think that as the default was registered in 2003 it should come off this year. it would also mean that no-one can now chase you for the debt any more.

good luck

Funkygibbon

I am in exactly the same position with Barclays as you. My default was on 29/02/2007. My application for the bank charges is on hold as with many others, I'm hoping then if they accept the charges as illegal that I will get the default removed as well. I've asked the question before on here and I got the impression that I wouldn't get the default removed, but it's worth a try.

tryingtosortmyselfout

Thanks for the replies.

Unfortunately the default was registered in 2006, so nowhere near to the 6 years yet.

I am going to try to get them to process the unfair charges by negotiating that if they remove the deault i will not claim the money. If they don't then i will file a claim at Oxford court (which is not staying) i hope that will be an attractive proposition to them!

What do you think?

midge61 wrote: »

Hi

I think that as the default was registered in 2003 it should come off this year. it would also mean that no-one can now chase you for the debt any more.

good luck

tryingtosortmyselfout

Apparently the Default CAN be written off your file if you win the unfair charges case in court, but NOT just through negotiating a settlement

jtr2803

tryingtosortmyselfout wrote: »

Thanks for the replies.

Unfortunately the default was registered in 2006, so nowhere near to the 6 years yet.

I am going to try to get them to process the unfair charges by negotiating that if they remove the deault i will not claim the money. If they don't then i will file a claim at Oxford court (which is not staying) i hope that will be an attractive proposition to them!

What do you think?

Hi, I am a bit confused, the default should be registered at the date you defaulted, no other date. I am currently having trouble with default dates but have been told that it needs to be the date you defualted the original agreement (unless subsequently defaulting on a plan arranged after this).

Good luck getting it sorted :cool:

tryingtosortmyselfout

No the default is registered at the time that Barclays sold the debt on to the DCA - namely CL Finance. So they defaulted it i guess when they coudnt get hold of me.

THe debt was from 2003 though

jtr2803

Ah I see, it could well be as you have said then - that they defaulted you when they classed you as breaching the agreement (because they couldnt contact you).

In regards to your bank charge claim, I understand there are exceptions in cases of financial hardship, you are best off checking out the banking saving tab at the top of the page as there are guides and template letters there. It seems that some banks are more open to hardship cases than others so good luck and let us know how you get on