I have been having a great deal of difficulty with Barclays concerning persistent correspondence & telephone chasers to settle my debt with them. My IVA was approved 31 July 2008 on a full & final basis and as of last wek there is 1 cheque left to clear and then the IP can issue my Certificate of Termination (can't wait!). However, since the IVA was approved, Barclays have failed to prove the debt I owe them to the IP despite the IP sending info to them as required - more than once! There seems to be an issue at the bank between their Recovery dept and their Collections dept (what the difference is I can't say). The IP had a very lengthy chat with them (again) the other day re advising them that they have to write off the debt as they failed to prove it in time. They're not listening and not taking any notice of the IP or myself as several times I have had to tell them on the phone that I am in an IVA. The IP has suggested that I now raise this as "harrassment" with the Banking Ombudsman. Does anyone have any experience of this? also, is the banking ombudsman the same as the Financial Ombudsman because the claim form on the FinOmb website appears to suggest that I must raise the matter with the bank and go through their complaints procedure in the first instance - mpre correspondence!! I don't see why anything will be any different than all the times both the IP and I have already advised them of the fact I am in an IVA have been since July08 and even now (jan 09) they are chasing me to settle the debt. Any guidance would be appreciated - thanks in advance!
Barlcays have always been a creditor who has continued to ring up - it is only now after 18 months that they seem to have finally got the message !
No harm in taking to the ombundsman and see what they say !
At the end of the day your IVA has protected you and barclays have to adhere to it
Good luck
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
It is a shame when things like this have to be taken down the formal complaint route, but in my experience most of the banks take complaints very seriously and I am sure that this will get resolved for you.
Barclays do have an internal complaints department, and it might be better if you lodge your concerns there in the first instance.
Hi. I believe that the correct place for you to lodge your complaint is with the Financial Omubsdman at the FSA.
If you have not during the period you have been in an IVA, but have continued to tell them that you are, received a copy of their complaints policy, I would be tempted to bypass Barclays complaints proceedure and make it clear on your complaint to the FSA that they have not provided you with a copy and so you have not known to whom a complaint to the bank itself should be addressed.
Barclays are not allowed to chase you for the debt or payment of it by law, regardless or not of whether or not they have received a dividend from the IVA. Your IP was perfectly within his or her rights to tell them that they were no longer entitled to a dividend as they had not lodged their proof of debt in time (assuming that the IVA was drafted under the terms of the IVA protocol which I am assuming it was.
Unfortumately it seems that the only way that they will get this message is to put the matter in the hands of their solicitors.
Kind regards, Elizabeth Pywowarczuk, Insolvency Practitioner.
If you would like me to advise you about an IVA and if appropriate propose one for you, please visit my website at www.liberta.uk.com
The correct route for your complaint is firstly to the firm and then to the financial ombudsman :
You cannot complain to the ombudsman until such time as you have 1. exhausted the 'firms' complaint procedure or 2. Sent a letter of complaint and had no response after eight weeks or 3. the firm has written to you and informed you that they consider your complaint 'deadlocked' or issue their final response or 4.the firm has not answered your complaint satisfactorily after eight weeks.
You should therefore send a letter of complaint to the 'firm' by registered post and ensure that you ask to be compensated for harassment alarm and distress caused. I personally would not accept settlement of your complaint without a payment for this element.
If your complaint then remains unresolved,or you reach one of the stages above,then you will need to register a complaint with the ombudsman. The complaint form is on their website and you should ensure that you ask for compensation for harassment alarm and distress.
A guide to the levels of compensation the ombudsman is likely to award is also on the website and you should be asking for £100.00 - £200.00 or thereabouts dependent on the amount of harassment you can show/justify.
You should also be aware that if you end up complaining to the ombudsman the service is 'far from speedy' and can take anything up to six months.
The FSA does not deal with individual complaints from consumers.
Last edited by greedfighter on Mon Feb 02, 2009 11:24 pm, edited 1 time in total.
I agree - complaints should always be dealt with through the appropriate channels in the first instance, and are unlikely to be looked at seriously by the Ombudsman/Industry Regulators unless it is proven that this route has been properly pursued without success.
Last edited by MelanieGiles on Mon Feb 02, 2009 11:30 pm, edited 1 time in total.
Good luck pennyfortheguy - hope you get it sorted.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
