Barclays Select Agreement and PPI

[Sunshine54]

hi, I originally mentioned this Loan Account in my thread about excessive bank charges from Barclays but am now going to separate the two issues.

 

I am in some financial difficulty (same as a lot of people ) and whilst looking into the bank charges I decided to review the Loan Agreement too.

 

The Select Agreement was taken out some time ago (can't remember the date but at least 7-8 years ago. It includes Payment Protection Insurance (which I wasn't able to claim against when I was redundant three years ago for some reason)

I have sent a SAR and also the template letter from this site to request copy of the agreement and, to date, haven't received any information.

 

The requests were received by Barclays on the 11th February and I believe that they have 40 days to comply with the SAR (will check re the other request but thought it was around 14 days)

 

I'll chase and see what the agreement says and what charges have been levied on the account

[slick132]

Hi SS and thanks for starting the separate thread for this.

 

For a CCA response, the bank or CCard have 12 + 2 working days to reply, after which they are In Default under the CCA 1974.

 

For an SAR, they have 40 days to respond.

 

[Sunshine54]

hi again

I received a copy of my Select Agreement and have tried and failed to scan it (realised that my printer is actually an 'all singing, all dancing' printer, scanner, fax BUT I can only make it print)

 

Could you advise how I can tell if the agreement is enforceable? I know that there are many many threads on this subject but I find myself going around in circles trying to determine whether this is ok or not.

 

The agreement is not dated (where I signed it) but it does have the internal Bank stamp where it was processed and approved 29th June 2000. Also the section saying whether or not I want payment protection is not ticked but I have been paying it for, well it must be 8 years.

 

There is a statement that says 'Current Interest rates are detailed in 'An Introduction to Barclayloan Select) or call 0800 xxxxxx

 

if anyone knows how I can scan using a Lexmark X2650 so that I can scan the document in then I would be most grateful. I've tried everything suggested on the Lexmark site and the Tech Support doesn't work weekends

Edited March 15, 2009 by Sunshine54
typo

[Sunshine54]

hi

any feedback on the enforceability of the agreement would be much appreciated although I know that there's probably not enough info in my last post.

I will try to get the scanner working

many thanks

[slick132]

Hi Sunshine,

 

This is one of the best guides regarding Credit Agreements - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

[Sunshine54]

thanks very much Slick. I'll read it now

[Sunshine54]

right I've read the excellent guide - thanks

 

This would be much easier if I could scan the agreement and I will continue with trying to do that but for now if you could provide some clarification on the following points it would be appreciated

 

The Agreement is headed Barclayloan Select Application and Agreement and it has both addresses - seems compliant

 

Has a box for me to sign and date - it's signed but not dated - does this matter?

there is also a section which has been completed by the Bank employee and that seems to be complete and dated

 

Has the Right to Cancel - seems compliant

 

The Credit Amount is £15000 which has been crossed through and £2000 written in presumably because this is a flexible agreement to draw down money to a pre-agreed limit in chunks of at least £500. - I'm a little confused about which rules govern this sort of agreement as it's got the flexibility of a credit card but it's not a credit card and it's clearly a Barclayloan. - how significant is which sort of agreement it is?

 

There is a section for Payment Protection which is not completed but I have been paying payment protection on this account and it is shown separately on the statements. - non compliant

 

The interest rate is shown as Current Interest Rates are shown in 'An Introduction to Barclayloan Select or ring 0800 xxxx

but on the second sheet of paper which appears to be a photocopy of the back of the agreement it says The annual interest rate is 11.425% on the Flexible Balance. We will tell you the interest rate payable on Fixed Balances when you exercise your option under condition 4.4 and on Special Balances in the terms of any Special Promotion

The (Flexible Balance) APR is 11.9% In calculating the APR we have not taken into account any change in the interest rate which we may vary at any time upon giving you notice - doesn't appear to be compliant unless this is related to the flexibility of the loan could you advise?

 

 

not the whole agreement but these are the sections which were highlighted after reading the guide to enforceability and I would really appreciate any feedback regarding this agreement.

[slick132]

Hi SS,

 

It'd be much more sensible to post the doc't here for scrutiny, with personal details hidden.

 

Read here if you need help with this - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Sunshine54]

hi

It's a problem with my laptop and scanner I think. I can scan the image but then get an error message telling me that I don't have space or permissions to save it to my laptop. I've got spare mega gigs of storage so it must be settings but for the life of me I can't find them

 

I'll keep trying.

thanks again

[Sunshine54]

despite spending an awful lot of time and energy trying to get the scanner working I've failed!

I'm going to send the agreement to a friend with a scanner and then he will email it back to me!

 

hopefully it will be on here by the weekend

take care

[Sunshine54]

actually, just had a thought. there may be a scanner at work that I can use so I'll try that tomorrow

fingers crossed

[Sunshine54]

hi I haven't managed to find a scanner so I'll try to enlarge the copy that Barclays provided and then type in all of the T&Cs and see if I can draw in the boxes etc that have the information

 

will this help?

 

just a thought - what do people do who don't have a scanner? (I may as well NOT have one as it doesn't work )

[Sunshine54]

just had a thought

I've taken a photo with my camera and emailed it to myself.

 

I'll try to enlarge it so that it's legible - is it then possible to add that to this thread somehow?

many thanks

[Sunshine54]

well, got a couple of photographs, removed personal info and thought that I could paste the images into here but that didn't work

 

back to the drawing board

Edited March 19, 2009 by Sunshine54
yet another typo

[vegas5]

Hi Sunshine54,

 

just thought i'd but in and say good luck with the scanning! I'm very interested in this thread as recent circumstances have led to financial difficulty and i too have a select loan account.

 

V

[Sunshine54]

hi Vegas thanks for the support

 

I've managed to scan it at work and email it to myself so just got to work out how to make sure it's legible and remove the personal info then hopefully it will be on here

[slick132]

Hi SS,

 

If you save the pic on Photobucket, you should then be able to put a link to the pic on your thread here.

 

Or copy the pic direct to the thread.

[Sunshine54]

hi Slick

I'm afraid that this thread is turning into a tale of 'how to scan' and not 'Barclays Select...'

 

I got the scanned document but when I tried to enlarge it, it was illegible. I managed to photograph it (in four parts lol) and edit that to remove personal details but then couldn't get those to a reasonable size to post to this thread.

 

I looked at Photobucket but, quite frankly, couldn't see how to put my private stuff on there so, as I'm awake yet again, I'll have a look now

 

thanks lots for the advice

[Sunshine54]

hi, I'm not at all sure whether this will work but it's further than I've got with anything else.

http://i601.photobucket.com/albums/tt91/sunshine54_album/19032009205.jpg

 

could you let me know if this is ok and is so I'll attempt to do it again with the whole two pages of the agreement

thanks lots for your help

[Sunshine54]

hi again, could anyone tell me if this can be read? I'm really struggling with this and it seems that the agreement is not in the correct format with the prescribed terms but I'm not absolutely certain because it's a flexible account and not sure whether that makes a difference.

 

Also, should I deal with the PPI separately? it's clearly not detailed on the agreement but as I've already stated, I've been paying it for years.

many thanks

[slick132]

Hi SS,

 

That is just about readable. So maybe photo and link the other bits.

 

Or is that it.........?

 

Well done for persevering.

[Sunshine54]

hi Slick,

 

thanks lots. I took a couple of photos with my mobile phone and you can imagine the rest!

 

I'll get on with the rest now

 

much appreciated

[Sunshine54]

hi,

 

hopefully this will be the 'back page' of the agreement

 

oh dear - I've tried about 5 times to paste the link to the document and it doesn't work. will have to sleep on it and see what I can do in the morning.

beaten by technology - again!

[Sunshine54]

still not working so definitely going to wait until the morning

[slick132]

You'll have to try this one again Sunshine.