Barclays and old student overdrafts

silvapagan

Please move this if it's not in the right place.

I had a student overdraft in 2000 with Barclays. Being a mature student with a family, it was the only way to stretch my money without having a credit card. When I finished my degree, I wasnt able to find a job (we lived in Cornwall at the time) and so with 3 months to go before the year's grace in repayments was due to start, I did what everyone had been advising and told them I wouldnt be able to make the repayments. Barclays replied that I would have to default on the payments before they would do anything about it.
When I defaulted, they immediately transfered my account details to their own collection agency. Barclays have since then refused to talk to me about my account/debt and only refer me back to the collection agency. They have not taken me to court, there is no order to pay a minimum amount, I just get letters every 3 months telling me to contact the collection agency to increase my payments. Admittedly I am paying a little less than I could afford to, but even so the balance started at £4000 and though I've paid £30 per month, it has now only come down to £2600 after 6 years. When I do talk to the collection agency, they tell me that Barclays want all of their money 'now' and then make a big deal about keepng to the repayments I make ~ I have not missed a payment in 3 years.

I spoke to them again last weekend and they said that although I have been paying £30 per month, since Nov 2006 it has been an 'unsolicited payment' because they didnt agree to the amount. They say they can go to court anytime they like and make me pay the full outstanding amount, even though I've been paying (and they've been accepting) the £30 per month all this time. Is this really true?

I have other debts that I am paying off, which obviously they are not interested in, and wont be in a position to increase my payments to them for another couple of years beyond the extra £10 a month I have just increased it by (making £40, which they still say is 'unsolicited' and even though I asked them to send me a financial statement form last week, I still havent received one). My long-winded point is, I dont even know if I am still being charged interest on this debt, or at what rate if I am. I dont have my original account number anymore, I only have the collection agency reference number. I've never disputed that I have to pay the money back, but unless I come up with 75% of the balance in a lump sum to clear it, the collection agency keep pushing to increase the payments I make.

Can someone explain the legality of this term 'unsolicited payment' to me, and is there any way I can make sure of exactly what I'm paying (ie, just what I owe and not just the interest) ?

Edinburghlass_2

I'm going to shift your post over to the Debt Free Wanna Board where I think the users there will be able to help you more than here.

Do have a read of Martin's article regarding Reclaiming Bank Charges though as this may be something that you can do.

http://www.moneysavingexpert.com/reclaim/bank-charges

silvapagan

Thanks

I did read through that article, but as I dont even seem to be able to get out of Barclays or their agents exactly what I am being charged for if anything, I'm not sure where to start.

tigerfeet2006

Keep making the payments and don't give in to their bully boy tactics. They know that if it went to court that the Judge would look at your willingness to pay what you can and your SOA and see that you can't afford to pay more and will probably give them a slap on the wrist for waisting his time. It has been known for a judge to decrease payments.

I would ask them for a statement of all your payments and interest added etc. You would expect something like that from any other account you pay into why not them?