Thread: Masterloan CCA request ignored What now?

Hi There, I Hope you can advise me what to do now with a CCA challenge against Masterloan.

I am currently making them reduced payments and they have frozen the interest, I have not defaulted on the agreement.

In December 08 I used 'Oasis' Claims Company to challenge this loan agreement with Barclays Masterloan. Oasis were charging no fees, but have now pulled out of the CCA aspect of their business, their clients me included have been sent all the correspondence. So, I am hoping that I can deal with it myself as I cannot afford to pay fees to any other claims company. I assume that I can take over the claim as Oasis were just 'representing' me.

They originally wrote to Barclays on 06/12/08 requesting a true copy of my CCA. They seem to have done it correctly and sent my 1.00 pound cheque. Barclays did not respond. They were written to again 19/01/09 and threatened with action after 12 days. They have still not responded.

Can you advise me what to do next? Are they in default and if so should I stop paying them while there is a dispute?

Thanks. Gimme Money

Hi GM,

Can you confirm which bank or Card Company this is with - I've not heard of Masterloan but assume it's something to do with Barclaycard.

Send of Letter N from here - http://www.consumeractiongroup.co.uk...templates.html

If it's anything to do with BC, they'll just send you back a set of general T&C's.

Then you can start on the CPR route. Read Link No2 in my signature below to learn more about this.

Hi Slick 123,

Thanks for your reply and i've read through your post regarding this.
The loan is with Barclays Direct Loan Service in Liverpool. Its called a 'Masterloan' and I have just found a copy of the CCA see below. Do you think it has all the prescribed terms? (I've tried to paste a copy of the agreement below but only the text has come out. There is no 'proper' signature from the lender only a typed name. Both signature bits were in boxes)

I have other agreements that I am trying to obtain the CCA for. They are all credit cards and I have written to the lenders requesting the agreements, but only received back term & cond or application forms. I undestand what you are suggesting to do and I have looked at you template letters. If I take the route you are suggesting, am I still in dispute with the lender as they haven't complied with my request and am I entitled to withhold payment until they produce the CCA? Or is this 2 seperate matters?

Thanks a million for your help.

GM

Barclays Direct Loan Services P.O. Box 49 Liverpool L69 2LN
Telephone Number 0800-289989
CUSTOMER COPY
Application Number xxxxxxxx
Masterloan Number xxxxxxxx
Masterloan

Credit Agreement regulated by the Consumer Credit Act 1974
The Bank agrees to provide a loan on the terms and conditions set out below and overleaf.

Cash Loan APR 10.9 %
Amount of Loan £15,000.00
Total charge for credit £4,356.00
Total amount payable £19,356.00 .
Monthly repayment £322.60
Number of repayments 60

Date of the first payment will be determined by Masterloan and advised to you. The remaining repayments are due at consecutive monthly intervals thereafter unless you are entitled to a repayment holiday, as detailed overleaf.

For Masterloan use only

Signed on behalf of Barclays Bank PLC
Authorised Signatory Eddie McDonald Date of Signature 23 February, 2001

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms
Signature of Customer Xxxxxxxxxxx Date of Signature Xxxxxxxxx

Barclays Bank PLC. Registered in England No. 1026167. Registered Office 54 Lombard Street, London, EC3P 3AH.
DIRECT Oeb it

If you have a copy of the agreement, see here for a good guide to checking it's validity - http://www.consumeractiongroup.co.uk...greements.html

If they are not adding interest and are accepting token payments, be aware that this may stop if they see you are questioning the enforceability of the agreement.

You may be wise to continue paying if you can, and then take the CCA or CPR action, if/when they demand normal payments again.

Hi GM,

The CPR startegy may be the fastest way to get sight of your credit agreement.

I know the court action seems scary but there's no point in sending out these letters unless you are committed to following through with any threats that you make.

The CPR startegy is still relatively new so you may want to see how other fair before filing the N244 at court.

Using the SAR followed by a court action for non-compliance is simply another method, but both strategies involve use of the court.

Have you checked the agreement using the guide I posted. These loan-type credit agreements tend to be enforceable more often than, say, credit card application/agreements.

Hi GM,

The SAR is made under the DP Act and should reveal all paperwork that they hold about you. In theory, they should produce the credit agreement and other stuff but, in practice, they tend to send just statements, maybe a default notice, etc.

Court action can be taken to get a judge to rule that the bank must supply the data as required but this is not specific to the credit agreement.

The CCA request is specific and requires production of the credit agreement. BC and others are side-stepping this by sending out T&C's instead and saying they've complied with their obligations under CCA 1974.

The CPR strategy is designed to obtain the credit agreement specifically using CPR31.16 on the basis that you may need to take court action against the bank if there is no proper credit agreement.