Pointbreak vs Barclaycard Masterloan PPI

[pointbreak]

First post as a newbie, so be gentle with me:cool:

 

I ran into financial difficulties last year with my business and after much procrastination and stressing eventually got help earlier this year from CCCS. We set up a DMP and I thought I would be able to get back to focussing on my business & working out how I was going to pay back the £100k that I was alleged to owe.

 

However a couple of the alleged creditors decided that they wanted to push things a little further, the one in this thread being Barclaycard who set WESCOT Credit Services onto me with regular calls, messages etc all of which I thought had gone away as I wrote to all creditors asking them to communicate by letter only.

 

After lurkin on here for a while and trying to assimilate as much info as possible, I sent a CCA request to Wescot to see what they had on file, this was recorded received on 28/04/08.

 

Today I received a response from Barcaycard which didn't make a lot of sense, but enclosed was one sheet of apparently a credit agreement, my signature, their sig, charges etc, however a slight ommission as it refers to T&C's below and overleaf but there ain't any:eek:.

 

Also there doesn't seem to be any reference to T&C for the PPI other than cost of nearly £6k which plus interest equates (roughly) to the outstanding balances they are claiming, major problem as i don't recall getting any T&C and/or cancellation notices at the time of application (Nov 2003).

 

Help needed, where do I go from here?

 

TIA

 

Pointbreak

 

PS I will post in the appropriate sections about the other CCA requests if I ever get a response from 'em.

[pointbreak]

I've been playing about on photo-bucket & going hopefully to attach links to the response to my request

 

 

 

Any thoughts

 

will try and link this back to the CCA forum

 

pointbreak

[citizenB]

Someone with more knowledge ref the agreement will be along soon to help you xx

 

Did you request the PPI, or was it made a condition of the loan ?

[Goldlady]

I presume this was in your own name and that you were /are a sole trader.

 

In which case I would send them a SAR to get full details of how the PPI was sold, if at all. From what you have said if you can reclaim the PPI you have written off the remaining debt.

[alanalana]

Hello pointbreak,

 

firstly your PPI is a single premium (frowned upon by the FOS) the ruling on PPI selling only came into effect on 14 Jan 2005.

 

Barclays have given you a flat refusal on your PPI reclaim so you can either go straight to the FOS (who are currently upholding 4 out of 5 claims for missold PPI on various issues) or you can start Court proceedings.

 

Please see this for more detailed information....links

 

The links contain this...Payment protection | Were you mis-sold PPI? | PPI - rules before 2005

 

and much more information it is a long post but a lot of info to be gleaned.

 

good luck

 

aa

[pointbreak]

Thanks for the replies & tips:)

 

I'll try and some of the questions,

 

Yes it appears to be a single premium

 

At the time I took it out I was employed & used it as a consolidation loan so was fairly desperate to aquire the funds.

 

It was a telephone application not face to face

 

Although it refers on the covering letter to a complaint I haven't yet complained or requested a refund (that's to come;)) just fired off a CCA to find out as much as I can beforehand. However I believe that Barclaycard have responded inadequately to my request and need to be sent to the naughty step, just a matter of how.

 

thanks again, off to do some research.

 

pb

[citizenB]

Thanks for the replies & tips:)

 

I'll try and some of the questions,

 

Yes it appears to be a single premium

 

At the time I took it out I was employed & used it as a consolidation loan so was fairly desperate to aquire the funds.

 

It was a telephone application not face to face

 

Although it refers on the covering letter to a complaint I haven't yet complained or requested a refund (that's to come;)) just fired off a CCA to find out as much as I can beforehand. However I believe that Barclaycard have responded inadequately to my request and need to be sent to the naughty step, just a matter of how.

 

thanks again, off to do some research.

 

pb

 

Hi pb, You wont get much information back from a CCA request. Only an agreement form (if that). If you want more disclosure you will have to send an S.A.R. (Subject Access Request) enclosing a £10.00 postal order for the fee.

[gh2008]

APR's wrong on the agreement should be 9.0%

 

bit more ammo for you

 

They are also in default of your s76 request as they have not sent the documents referred to in the agreement or a 'statement of account'

 

whilst in default they cannot take further enforcement action