Kenny91's Debt Diary

[nightwatch]

Morning

If and I mean IF, they turn up, just ask them to leave,
they are only doing a job, they have been asked to step in to help you reconnect with which ever company you have been ignoring.
They don't know why your not paying or talking to them, to be honest I don't think they even care why.
Many are self employed and get paid by how many they visit, with a bonus if they get you to reconnect and make a payment, but why I would want to go into my financial situation with a total stranger is beyond me.
Could just pick someone at a bus stop, but they would probably not want to know.
So just a quick.
Thanks for calling, but I'm not going to stand at the door to chat. Bye, shut door. Walk away.
Often it can shock them into silence,

NW

[Kenny91]

So, seems like it's time to put up the bunting and balloons as Resolvecall are now on the case for one of the larger debts! (Won't say which at this stage).

No communication from them yet, but assuming they do turn up unannounced, which of the following is the best course of action:

1. Don't say a word and just slam the door shut?
2. Tell them to Foxtrot Oscar and then slam the door shut?
3. Tell them to Foxtrot Oscar with cricket bat in hand (as, you know, was playing out back with little one at the time....) and then slam the door shut?
4. Garble at them in a foreign language while telling them to Foxtrot Oscar and then slam the door shut?
5. Set the dog on them? (Though she'd probably lick them, rather than maul them)

But seriously, what's the best approach? I do have a short fuse sometimes so feel not engaging at all (even to confirm name) would work best.

Cheers,

Kenny
PS: I assume they wear audiovisual recording equipment?
PPS: No updates on the other debts really, mail trickling in asking for payment plan details now third party no longer handling my affairs, but no calls as yet.

[Kenny91]

Quick update as couple of letters came in recently, some good news about the Natwest one as still no sign of the CCA.

And Idem getting itchy fingers about my small Lloyds debt.

Given been several months since my last DMP payment, am expecting the postie to be working up a serious sweat over the next few weeks of this heatwave.

Have updated the relevant debts in the sections above.

[The Tech Clerk]

try and get current account not part of the cards etc group

[Roger]

Couple of quick questions if I may on Debts 1 (MBNA/Virgin Credit Card) and 5 (Barclays Overdraft):

A. My main bank account is with a member of the Lloyds Banking Group, so given said entity bought all the old MBNA credit card debts a few years ago, am I at risk of them pinching (offsetting) money from my account? Or is Arrow Global Guernsey Limited now the actual owner of the debt and so such a course of action is not possible?

B. I saw on another thread how Barclays' in-house collection agents Mercers had issues with paperwork, and I know they wrote to me several times in 2010, but as I also had problems with a Barclaycard debt at the time I simply can't recall if they wrote to me about one, the other, or both. I don't have the associated correspondence, but "IF" Mercers did issue the default notice for this overdraft, would that make the debt unenforceable? I assume a SAR would shed some light on this too?

Thanks in advance.

K91

These are notable issues for both A. and B. and you are aware of them! That's good use of the wealth of knowledge in these AAD files and diaries!!

Knowledge brings confidence! You have all the more reason to sit on your hands!
Silence here is golden, no need for a SAR at this time!
Perhaps see if you can find old correspondence!

A/ If assigned to Arrow Global Guernsey Limited the MBNA credit card debt can't be offset.
B/ The involvement of Mercers has the potential to create Problems!

[Kenny91]

Couple of quick questions if I may on Debts 1 (MBNA/Virgin Credit Card) and 5 (Barclays Overdraft):

A. My main bank account is with a member of the Lloyds Banking Group, so given said entity bought all the old MBNA credit card debts a few years ago, am I at risk of them pinching (offsetting) money from my account? Or is Arrow Global Guernsey Limited now the actual owner of the debt and so such a course of action is not possible?

B. I saw on another thread how Barclays' in-house collection agents Mercers had issues with paperwork, and I know they wrote to me several times in 2010, but as I also had problems with a Barclaycard debt at the time I simply can't recall if they wrote to me about one, the other, or both. I don't have the associated correspondence, but "IF" Mercers did issue the default notice for this overdraft, would that make the debt unenforceable? I assume a SAR would shed some light on this too?

Thanks in advance.

K91

[PlanB]

Hi Di, Thanks for the advice,

. . . . I find Barclays' tone of voice in correspondence quite rude

I used to find their correspondence rude too, but then I realised that was the object of the exercise, perhaps to intimidate you into submission.

I envy you having a thick skin - if only

Di

[Kenny91]

Maybe don’t send a CCA Request just yet since the debt is still with Barclays giving them the potential opportunity to remedy any flaws that may have been made, especially since you were paying towards this account up until March this year.

Was this an arranged or unarranged overdraft?

Wait and see what they do next.

You may have a chance to reclaim some bank charges etc but it depends how long ago the misdemeanours took place.

Di

Hi Di,

Thanks for the advice, I'll hold fire for now and see what happens - I find Barclays' tone of voice in correspondence quite rude, but have a very thick skin so it just bounces off me.

It was an arranged overdraft, and on top of that for a short while following redundancy - that happened a few months prior to the DMP starting - I used a Personal Reserve which had horrendous charges of £22 every five days.

Some months I was paying £110 in those fees alone! It's sickening to look back at all the old statements to see how much they fleeced/are still fleecing me for.

I believe the FOS only investigates cases less six years old, but maybe I'll fire off a complaint anyway so Barclays have to cough up the £650 case fee if nothing else. Small victories and all that.

Cheers,

K91

[PlanB]

DEBT NO 5:

Type: Barclays Bank Overdraft

Date Commenced: Sometime in the late 90s

Current Balance: £2,000

Default Date: July 2010

Last Paid: March 2021

Status: Small monthly payments via DMP since late 2010

Owner: Barclays Bank

Maybe don’t send a CCA Request just yet since the debt is still with Barclays giving them the potential opportunity to remedy any flaws that may have been made, especially since you were paying towards this account up until March this year.

Was this an arranged or unarranged overdraft?

Wait and see what they do next.

You may have a chance to reclaim some bank charges etc but it depends how long ago the misdemeanours took place.

Di

[Kenny91]

Is this the Barclays current account in post #5 on your thread?

I just want to be sure that I’m responding to the right (relevant debt) questions before asking you for more background in order to give you the right answers.

Di

Hi Di,

Yes, it is. Opened eons ago and I've paid Barclays an absolute fortune in fees/foreign ATM charges etc over many, many years so anything I can get back off them would be especially sweet.

Regards.

K91

[PlanB]

A quick question on the imminent CCA request to Barclays about my overdraft, can I just send the standard CCA template or is there a specific one for bank accounts?

Is this the Barclays current account in post #5 on your thread?

I just want to be sure that I’m responding to the right (relevant debt) questions before asking you for more background in order to give you the right answers.

Di

[Kenny91]

Thanks to all the forumites for their advice and feedback. I sent 4 x CCAs to Niddy a few minutes ago that relate to the LloydsTSB, Capital One, M&S and Virgin MBNA debts so will update each individual debt above in due course.

A quick question on the imminent CCA request to Barclays about my overdraft, can I just send the standard CCA template or is there a specific one for bank accounts?

[PlanB]

finally taken the plunge to share my story, the short version of which involves a lot of ill health in close family and bad advice many years ago to enter a DMP when I should have opted for bankruptcy - although that would potentially have hampered my career progression.

I’ve not yet requested CCAs for two overdrafts of around £2,000 each, but intend to do so shortly for the Barclays one listed below, but unsure about the same course of action for the other for reasons I don’t wish to disclose publicly at this stage, as I feel it could work against me big time.

I'm not really in this for the long term, given am hoping to secure a mortgage in the next couple of years so simply looking to strengthen my hand and settle the larger debts with decent discounts

Hello and thank you for sharing your story

You have a plan which may change but it seems that at the moment you have reasons not to take a risk with any of these.

It's also wise not to disclose too much publicly on the internet, just post enough for forum members to make suggestions on how you could manage the situation based on their own experiences.

It'll be about tactics and timing, similar to playing poker, or Wimbledon Final, or that iconic final shootout scene in the High Noon movie!

I'll take a look at each one of your debts and then add my comments because no two will be alike.

Di

[Roger]

DN's have to be correct in accordance with the CCA terms and can be challenged if incorrectly calculated.
A later refund looks like an admission that the DN figures were in fact incorrect.

[Warwick65]

I don’t think DNs have to have parts in bold but I know some do. They do have to have certain info which is laid out in law.

As to where any refunds go, I suspect that is all within the details of assignment which is difficult to get to see.