Barclays Default for £85 - Help!

tomodlin

Whilst I feel sorry for those in bad debt, I'm not trying to have a competition.

The default isn't trivial, as it's a default. The amount is. And had Barclays at any point told me I owed them £30 I would have paid it immediately. They could have even taken it from my Barclays current account without my permission, as their T&C's say they are allowed to do in such circumstances. They could have mentioned on the phone. But they chose to send a default notice to an address they knew I was no longer living at. So yes, I do blame Barclays for that. As much as I blame myself for not cancelling the direct debits.

And yes I did change my address in writing.

So it seems, I have to just live with the default. But not with Barclays. This is terrible customer service if nothing else. They didn't even reply to my complaint, just passed it onto a debt collector.

So I guess now I'll move my bank account, savings, mortgage and credit card elsewhere. Assuming anyone'll take me with a default. Which I doubt.

simax

However, I doubt you'll make the same mistake again

bingy_burge

Pay it and accept the lesson learned.

Friend of mine went traveling 6 months and didn't manage to default on any of his many credit cards or bank accounts.

So its your fault! Not barclays you can blame edf and them if you want to but you didnt cancel the d/d and it made clear the time frames when paying bills on d/d.

The you can add comments next to the default on your files but it won't stop some prime lenders auto declining you for 6 years.

tomodlin

How is it helpful to tell me that your friend didn't get a default? I lived in Hong Kong for three years and didn't get a defualt. I didn't mention it before - because it's not relevant.

I asked for help, not judgemental comments. I have stated all the way through that I acknowledge it was my fault for not cancelling the Direct Debits. It was an oversight. However, my issue is with Barclays not communicating the matter to me. Which is a fault on their part.

Thank you for the advice about the FSO, this was what I was after. Not 'it's your fault deal with it'.

I have learned from elsewhere that Banks will often remove defualts of small value with a simple begging letter. Especially if, as I do, you have other accounts with them.

woody01

However, I forgot to cancel 2 direct debits. These bounced and £30 in charges was applied to the account.

First post

The bills were paid completely, but EDF, in their eternal wisdom, decided to attempt to take direct debits despite the fact that there was no money owing.

Latest post

Well in your OP you say you 'forgot to cancel'.
Now you say 'EDF made a mistake'.
Which is it because something doesn't add up here as the story keeps changing according to the responses you get.

tomodlin

No it doesn't. I paid off the outstanding balance with EDF and forgot to cancel the direct debits with them. I assumed that with the balance cleared they wouldn't claim any money.

Seriously, what ius it with this board?

never-in-doubt

tomodlin wrote: »

No it doesn't. I paid off the outstanding balance with EDF and forgot to cancel the direct debits with them. I assumed that with the balance cleared they wouldn't claim any money.

Seriously, what ius it with this board?

Try sending this letter: Taken from here: Unenforceability & Template Letters

Letter to arrange payment for Default removal

Dear Sirs,

Account No:

I write with reference to previous communication regarding an outstanding balance on the account and wish to make an offer to resolve that will suitably please both parties.

I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term.

I propose to offer a full and final payment to settle and close this account to the value of 50% of the original amount, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.

The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, i'll probably be able to counter sue and litigate over unenforceability.

To confirm, I am more than happy to settle as much as 50% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount owing and I will send a cheque by return.

Failure to agree will result in more formal papers being sent, by return.

I look forward to your response.

Yours faithfully




Sign digitally

agsnu

Wow, this thread is shocking. Good luck OP. I'm off, this board is clearly just full of preachy tosspots.

tomodlin

Hi Never in doubt,

Thank you very much for the template. The problem is that Barclays refuse to discuss the account and say all dealing has to be through Wescott.

And Wescott say that they have no power to remove the default as it was issued by Barclays.

Should I send this letter to Barclays or Wescott? Or both?

One other thing, the amount is completely made up of charges and I am willing to pay all of it to clear the default. Should I say this, or start off at 50% so that I can increase the offer and have another bash? That would seem the most sensible route perhaps?

simax

agsnu wrote: »

Wow, this thread is shocking. Good luck OP. I'm off, this board is clearly just full of preachy tosspots.

Why is it preachy? It's like me writing:

Hi, Can someone help me? I parked my car at the top of a hill, but didn't check that I'd applied the brake properly, and when I came back the car had rolled down the hill and went through the front wall of a house.

My question is... Can I sue the owner of the house for being in the way of my car?

Ignorance is no excuse, however you write it.

However I wish the OP good luck with his letter.