www.iva.co.uk

Hi all
I feel as if I am going mad. Barclays sold my original debt of around £14k via tge insolvency exchange. I have had confirmation today via tge insolvency exchange that We paid the debt in full plus SI. Barclays wrote to us in August stating they had neen instructed by the FCA that they had to reduce the interst on our original debt by 5k.I want the difference back. Barclays have refused to investigate further saying the debt has been written off, they have never confirmed to me that the debt was sold. The Insolvency exchange have today written to Barclays stating our debt was paid in full. Barclays wont acknowledge the same information given to them by our former IP, just saying that they have responded to our complaint and our next step is the ombudsman, I feel like I am banging my head against the wall, any advice greatly appreciated

Ombudsman it is I think ... you have a case for definite ... don't get down over it ... fight it and you will get back what you are owed.

Did Barclay's sell the debt at full value? My understanding is that they buy the debts reduced and gain on some and lose on others. If Barclay's sold it on at a loss and wrote off some, are they reducing their write off? I often wondered what happens as most of ours were sold on.

Litigant in person to county court under section 10 data protection act.

So let me get this right the FCA (which as I understand is the ombudsman) have instructed Barclays to reduce interest debt by £5k ?

TIX have confirmed the debt was repaid in full ?

Barclays won't refund the money and are saying go to the ombudsman ?

but you have been to the ombudsman already ?

So I think it would be fill in the forms for a small claim court with a statement and proof of all the above, the judge will more than likely award in Your favour, Barclays will have to pay costs and possibly come compensation if the judge thinks appropriate, if you lose, highly unlikely on the face of it you only have your own small claim court fees to pay (not much). I have been through small claims a few times.

In reality once Barclays get served with the case they will probably cough up immediately and it won't get to court, or they will ignore it and the judge will award in your favour, then comes the fun bit of forcing Barclay to pay with a court order, the world is your oyster then......

The only thing I can think of that may be a spanner in the works is if Barclays contest that £5k should go to someone else, another creditor or have of it to the IP for fees or similar.

Small claims court is a great experience and not harrowing it is just sat in judges room at a table and I have always found it a pleasant exciting experience and brilliant for serving a large dose of Karma !

https://www.gov.uk/make-court-claim-for-money/overview
https://www.citizensadvice.org.uk/law-a ... aims-track

You might want to draft the particulars of claim and send to Barclays legal department stating unless paid within 7 days these will be filed at court, they might pay it then.

Good luck.

Were you in an IVA?

I believe dixie was in an IVA Lisa.

In which case the money would go back into the IVA pot for benefit of other creditors/costs (unless IVA was paid off in full)

Hi thank you all. Yes we were in an iva which was paid in full plus statuatory interst and fees. I have only just sent the matter to the ombudsman. Barclays possibky only re eived a small proportion of the original debt when they sold it on, not knowing that it would subsequently be paid in full. They probably dont want to pay me the differebce as then they are even more out of pocket, with the difference plus the reduction. Yes I would love to take them to court, thier admin is appaling and customer service non-exsistent. I want this sorted for us and for anyone ekse they may try this on with in the future.

I see - on which case any 'refund' will come to you so worth fighting!