Barclays Select Agreement and PPI

[barclaybasher]

Really? So they are still keeping an account open with a debt...very interesting..

[Sunshine54]

hmmm what do you make of that then?

 

I suppose that I could push the issue but as I said, got more urgent things to deal with

S

[barclaybasher]

Have you checked your credit rating sunshine? if its still there and the fact your not making payments on it is adversly affecting your credit rating I would push the issue.

[Sunshine54]

hi BB

 

thanks for that

I'll check my rating but may write to them anyway about stopping the PPI (I didn't agree to it in the first place and have paid it for years (eejit or what?))

regards

[Sunshine54]

good morning

 

a question - if the account is unenforceable due to the lack of an appropriate agreement, can I reclaim the PPI premiums? (I expect that they would just keep them to reduce the outstanding loan balance but might be interesting to take that path...)

any thoughts appreciated

[Sunshine54]

hmmm

[Sunshine54]

so I'll post this and then remove it

[slick132]

Hi Sunshine,

 

I don't see that PPI and the enforceability of the a/c are linked.

 

If PPI has been mis-sold, you should do whatever you can to get it refunded, with interest.

 

Even if the a/c was enforceable with a valid credit agreement, the PPI should still be reclaimed if it was mis-sold.

 

But you won't get any PPI back just because the a/c is unenforceable. Just the same with payments made to clear the a/c each month, which you wouldn't get refunded just because of no valid agreement.

Edited September 17, 2009 by slick132
typo

[Sunshine54]

Hello Slick

I've just looked through my rather slim Barclays Select file and double checked the 'agreement'. Whilst there is a section relating to PPI and statements re 'I do..' or 'I do not want..' PPI there's nothing at all to suggest that either of those options was selected. As far as I am concerned it was added without discussion so I believe that it ought to be refunded.

what do you think?

[Sunshine54]

another interesting thing to note that I would have been happy about if I had found this site a few months earlier than I did. The DN from October 2008 was defective due to only allowing 14 days from the date of the DN for remedy of the default. Unfortunately I paid them a few hundred pounds after receiving that.

 

The final DN was dated 1st December and the remedy date was before 18th December so is this ok or is it one day short? (assuming 2nd class post)

regards

S

[slick132]

Hi Sunshine,

 

If you have yet done so, start a new thread in the PPI forum to d/w the PPI aspects.

 

The DN matter may not be so relevant, for a few reasons.

 

1. A judge may not consider the accuracy of the DN to be too important and may overlook any error when deciding if the debt is enforceable or not.

 

2. Unless you can show the DN was posted 2nd Class so insufficient time was allowed for remedy, the bank will argue it WAS posted 1st Class.

 

3. You made further payments to the a/c after the DN was issued.

Edited February 12, 2010 by slick132

[Sunshine54]

hi Slick

 

will do that

thanks for the advice - again!

[barclaybasher]

Guys

 

After 3 months I have finally recieved back the agreement from Barclays Select...I am not sure if this is unenforeable, but for the last 3 months I havent paid them out of protest that they did not send my CCA, they have still reported this on my credit file.

 

Could you please look through this and add comments?

 

Thanks

[slick132]

Hi BB,

 

Way too small to read !!

 

Use PhotoBucket - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Edited February 12, 2010 by slick132

[tinsie1970]

I had a quick look and this obviously isn't an agreement (despite what it says at the top). It should have a title like "credit agreement regulated by the consumer credit act 1974", which it doesn't. Neither does it have any of the prescribed terms relevant for a loan agreement - amount of loan, how loan is to be repaid, rate of interest. It doesn't have cancellation rights. Need I go on?

 

This is not a properly executed agreement and it is not enforceable under s65 either.

 

Hi, I have posted a thread on this subject, as I have a very similar agreement

http://www.consumeractiongroup.co.uk/forum/barclays-bank/247175-calling-all-barclayloan-select.html#post2766727

 

Just to clarify though, the APR is quoted on the back of the document, under section 5.... am I reading this the wrong way?

Also on the back are a bunch of clauses related to repayment etc.... though credit limit is missing for sure.

 

One thing that struck me is that this Flexiloan is really two products

1) a fixed term loan, with a lower rate

2) a running credit agreement, like a line of credit, with a higher APR

Steven4064, I read your post on enforceability of agreements, and it clearly said that multiple agreements have to be reflected as such in the credit agreement...

 

Sunshine: How are things going with your agreement? Have you written to Barclays and if so, have you had any success?

 

Thanks!!!

Tinsie

[Sunshine54]

Hi Tinsie

 

It's ages since I did anything with this Barclay's agreement. (been busy on Egg lol)

 

I wrote and told them that they hadn't provided a conformant CCA and they stopped charging interest, I haven't paid, they don't chase and I just receive the monthly statement which I file safely.

 

Not sure whether I need to do anything else at all in the short term as I've got a MBNA card to deal with next.

 

oh dear - it's all go ....

 

don't think that this helps you but good luck

S

[tinsie1970]

Thanks Sunshine

 

did you check what happened with your credit rating? surprisignly, Barclays never seemed to post any entries on these loans to the bureaus...

 

Anyway, looks like it helped in stopping the harassment, so I will try that for my husband first and see how it goes

 

Thanks and good luck with your other agreements

Tinsie