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    • OK, all done as requested. Defence left blank for now. Just one small question in relation to the CPR31:14.... Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: and it says * delete if not mentioned in the Particulars of claim. I'm not  sure if I ask for everything or nothing as I can't see any of the list mentioned in the POCs
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    • Hi, I’ve just spotted an Arrangement to Pay marker (TransUnion) on my Barclays Mortgage account for 1 month in March 2022. I’ve spoken to Barclays Customer Service and Complaints about this and they’ve given me some background but have closed my complaint: Direct Debit for mortgage bounced in February and I didn’t notice this at the time. Realised there were arrears in March and called customer service straight away. Offered to pay half the arrears on the call with the other half of the arrears the following month. I prob suggested or accepted this as had done that many years previously when I was a poor student with no adverse consequences. Paid in accordance with this. Barclays call notes report they informed me credit reference agencies would be notified and I indicated I understood. However, complaints team couldn’t access the call because it was too old. They advised I could request a transcript through GDPR and complain via ombudsman if still unhappy - I’ll process the GDPR request this week. Whilst it may be factual that I entered into some kind of arrangement regarding the arrears, it wasn’t clear to me that they would be treating it and reporting it as a formal payment plan along with the potential consequences of this. At no point did I agree to or request to “reducing my contractual payments” - I paid my contractual amount for March and April with 50% more on top. I guess it’s likely they did say something vague about credit reference agencies and it’s also possible that I may have agreed without fully understanding it would be different to a late payment marker. I’m not 100% sure of the impact of the AP but I believe it did tighten up balance transfer and new card offers (Lloyds group in particular) even though the rest of my report is spotless and I have many years managing multiple high balance cards. Although it may have been less comfortable, I also believe I had the means to pay the balance in full if I’d realised the impact at the time. Finally, it feels like Ive been penalised for speaking to customer services directly rather than just upping my payments to cover the arrears. Historically, I was under the impression that Barclays mortgages weren’t even reporting arrears of less than 2-3 months as late payments - although this may have changed since the last time I was in arrears. I’ve had a browse through threads about AP markers and it seems like removal is unlikely if it’s deemed factual but it may be worthwhile escalating to FOS or ICO? Will update with transcript details once I’ve raised and received a response to my request. I suppose the upside of this is that I’ll be even more cautious about negative markers in the future. Thanks, J
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interest rate?


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This is taken from my credit agreement

 

3. OTHER FINANCIAL INFORMATION

 

Total charges for credit (i) The total charge for credit is GBP 75,00. The total charge is made up of the following Finance Charges:

(a) GBP 37,50 due on 28 May, 2008

(b) GBP 37,50 due on 27 Jun, 2008

(ii) Interest Rate: 50%

(iii) The amount of the Finance Charge is fixed by us at the beginning of the Loan Agreement. The rate of interest in (ii) is determined by dividing the Finance Charge by the Loan Amount and dividing the result by 100. The finance charge is applied on each Payment Date.

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Well from what I have seen ......as long as there is an interest rate there and a credit limit and a repayment schedule...then it would most probably be enforceable. cant say with 100% certainty without seeing the original docs

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Its a bit strange to me as well!! i pulled them on it over 2 months ago, saying that it was unenforceable (just trying my luck really). They blanked me for over 1 month and then told me it was enforeable but the figures they quoted when saying this were not the figures from my credit agreement. I pulled them on this too and they have continued to ignore what i say to them.

 

Here is some more info from my agreement

 

2. KEY FINANCIAL INFORMATION

 

(a) Loan Amount Cash loan of GBP 150,00

 

(b) Term42 days commencing on 16 May, 2008

 

© Total of PaymentsGBP 225,00

 

(d) RepaymentsYou must make 2 repayments as follows:

GBP 37,50 due on 28 May, 2008 and

GBP 187,50 due on 27 Jun, 2008. This is on the assumption that you do not request an extension before the end of the loan term. Please refer to the provisions under "Repayment at Payment Date 1" and "Extensions" below for further details.

 

 

(e) Annual Percentage Rate (APR) 5831.50%

3. OTHER FINANCIAL INFORMATION

 

Total charges for credit (i) The total charge for credit is GBP 75,00. The total charge is made up of the following Finance Charges:

(a) GBP 37,50 due on 28 May, 2008

(b) GBP 37,50 due on 27 Jun, 2008

(ii) Interest Rate: 50%

(iii) The amount of the Finance Charge is fixed by us at the beginning of the Loan Agreement. The rate of interest in (ii) is determined by dividing the Finance Charge by the Loan Amount and dividing the result by 100. The finance charge is applied on each Payment Date.

4. KEY INFORMATION

 

(a) Charges on Default

The Lender has the right to amend the amounts of the default charges detailed below to reflect any change in the cost incurred by the Lender in dealing with the default.

The Customer may be charged:

(i) GBP 12.00 each time a Direct Debit is dishonoured on a Payment Date ("Dishonour Fee");

(ii) GBP 20.00 if you cancel your Direct Debit Authority before a Payment Date and fail to pay the Total of Payments because you do not make alternative repayment arrangements with us ("Late Fee");

(iii) for the Lender's reasonable expenses in enforcing this Loan Agreement. These expenses will include (but are not limited to) (i) expense of taking steps, including court action, to obtain payment, including reasonable legal costs that the Lender incurs (ii) tracing the Customer if the Customer changes address without notice and (iii) communicating with the Customer if the Customer breaks the terms of this Loan Agreement;

 

Right to settle early

The Customer has the right to repay the Loan before the end of the Term by making a single payment calculated under a formula which limits the amount of the Finance Charge the Customer pays.

The amount that the Customer would have to pay if, for example, the Customer wanted to settle when a quarter of the Term had passed would be GBP 32,81; if half of the Term had passed the amount would be GBP 48,75; and if three quarters of the Term had passed the amount would be GBP 61,88.

In calculating the amounts shown, no account has been taken of any variation which might occur under the Loan Agreement, and that the amounts are accordingly only illustrative.

5. MISSING PAYMENTS

 

Missing payments could have severe consequences and make obtaining credit more difficult.

6. IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

 

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, the creditor cannot enforce this agreement without getting a court order.

The Act also gives you a number of rights. You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement which may be reduced by rebate. Examples indicating the amount you might have to pay appear in the agreement.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens Advice Bureau.

 

enforceable or not??

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