Thread: PPI, Barclays, and no CCA

Hi All,

I took out a loan with Barclays in 2002, and took out PPI because I was told that it would cover me if I lost my job. Well a couple of years later I did lose my job and as a result of not being able to claim because it was mis-sold to me I ended up getting a CCJ off of the loan.

The CCJ itself was because I missed 2 payments before I found new work, and was told I had to pay all 3 payments in a lump sum, and they would not take just one installment, it was 3 or nothing, and so in the end it was nothing and as I could not catch up. They would not negotiate etc etc I'm sure you've heard all this before.

So I sent them a letter and back in November I get this reply:

"
Further to your letter regarding your Barclayloan agreement. Unfortunately we are unable to locate this agreement on our system, so are unable to send a copy for your records.
"


Now I held on because I had also sent out a SAR back in September (by recorded delivery) and was expecting the information soon. It didn't arrive and I sent a demand, they stated they had not received my request but would do it now for no fee...!!!

So I picked up the information today, and lo and behold no agreement.



So what do I do now? With no agreement I can't prove I was mis-sold the PPI, and I was hoping to use this not only to reclaim PPI charges but also to get the CCJ removed. Any help appreciated!

I'm no legal expert but would say in my opinion that with no agreement they could not fight you in a court of law. This is just based on my knowledge of pursuing debts in court while doing my job.

I am sure one of the legal experts out there will confirm whether I am right or wrong but I would say that you have a good case for applying to the court to get the county court Judgment set aside on the grounds that they have no agreement and cannot therefore prove the debt.

No agreement means it is unenforceable in a court of law. are you still paying for this loan ?

No, I'm not still paying for the loan. I was made redundant in March 2005, and because of this I went to the bank and asked about making a claim. I was told I could not because I had not been in service at that company for more than 6 months, which made me ineligible to claim.

I told them that I could not pay that month because I had no job, and they said to make a payment when I could. I contacted them again shortly before the loan was going to go out to tell them that it would bounce as I did not have enough money to cover it. The next month the same thing happened, with me informing them. The month after I got a job and was able to restart payments, having missed just 2.

However they would not take just that one month alone, and they would not negotiate over repayment of arrears. For them it was all 3 months or nothing, and as I did not have the money (it came to over £1000) it ended up as nothing. From this I ended up with a CCJ because they would not give me time to pay.

The CCJ was being repaid at £20 a month. They were taking from my account automatically, but stopped in September 2007 when I downgraded my account.


I'm sure they have broken several rules, but I don't know how to go about fighting them.