me v barclays

[izzitme101]

yeh was a fixed loan. Loan amount was set and agreed, and a total payback amount was set and agreed (allegedly)

[izzitme101]

ooh how does it work with a fixed loan then?

[slick132]

With a fixed loan, you won't get charged late pay't or other fees but, like you've said, the int't is mounting.

 

The DN will have to be challenged without the Penalties argument. Eg did it give enough time for you to remedy, was it in the exact required format, etc..........

 

You'll find out more about this in the Data Protection and Default Issues forum.

[izzitme101]

ok im back, had some net probs, but all sorted now.

dn dated 19/2

gives me till 8/3 to remedy, thats 17 days including the weekends from the letter date, i fairly sure i would have recived it on 20/2.

barcs headed paper, with their address ect on, and other contact options.

On friday, i also recieved 2 letters, one being a reply to the complaint (acc dispute) basically telling me they sent the info, and included another copy of the same, other letter was a statement of the account.

They have started charging interest on it on a daily basis from 1 dec 08.

Can they do that before sending the dn?

[slick132]

Have you read up on the very specific requirements for a DN to be valid.

 

I'll come back with a link when I find it, in case you haven't found it yourself.

[izzitme101]

no, i cant seem to find the forum you mentioned above

im not to clever at finding stuff

[izzitme101]

found it, cant find specifics on what a dn should look like tho, ill scan it in the morning

[slick132]

I'm sure there's a thread or post which sets out the exact format, to which a DN has to comply to be valid.

 

I've asked the team and will come back tomorrow with a link, I hope.

[clemma]

This might be a helpful post http://www.consumeractiongroup.co.uk/forum/show-post/post-1940698.html

 

There is also this, which contain some information regarding default notices

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf

 

This is the full regulations The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007 No. 1167

 

Also

 

89. The notice fails to include the following statement in the prescribed form as shown below (note the correct use of Bold Text):

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH"

 

90. The Default Notice also fails to include the additional statement in the prescribed form as shown below:

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

91. The statements referred to in points 89 and 90 are laid out in Schedule 2 of Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561).

Edited April 13, 2009 by clemma

[izzitme101]

yes both those statements are clearly marked, and in capitals and bold to.

[izzitme101]

yep ive had a look through, the dn seem valid to me. can post it up if you want closer inspection?

one thing thats apparent from the statement of account they sent me friday, they started adding interest from 1st dec, couple of months before the dn, is this right?

[izzitme101]

I dont like waiting around to much, so im considering sending this letter, any comments?

 

Dear sir/madam

 

 

Thank you for your letter dated 17/3/09, the contents of which are noted.

However I would like to point out that the printout that you sent to me, while it may cover your obligations under the CCA 1974 S77/78, and having sent the same print out under a CPR pre action protocols part 31.16) request, (a copy of which is enclosed for ease of reference) you will be aware that this is not enforceable in a court of law.

 

 

As stated in the CPR request, an unsigned copy will not suffice, therefore this account remains in dispute until such a time that you can provide me with the original copy that bears my signature.

As a result, my previous letter informing you of the account being in dispute remains in place,(a copy of which is enclosed for ease of reference), and any enforcement action will be viewed as harrasment.

 

 

You may also consider this letter a formal notice issued under section 10 of the Data Protection act 1980. I demand that you stop processing my data by any means whether written or electronically, with third party individuals and organisations. In addition to processing, this also means passing, amending, sharing, filing, and management in any form of my data, both manually or electronically.

 

 

In compliance with the information commisioners office, I give you 14 days to comply with this request.

 

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress, harm and damage,

specifically because;

 

 

 

1. My creditworthiness is being or has been damaged as a result of your entries to my credit files, which relate to the current dispute on this account.
   
2. The adverse data that you continue to process and pass on to third parties impedes my ability to apply for mortgage and other financial services.
   
3. That as a data controller/compliance officer, you have a duty under the Data Protection act to observe all rules set out therein, within the act.
   

 

 

I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.

 

 

Under the Data protection Act, a County Court has the power to order compliance of any breaches it sees fit, together with compensation at the discretion of the court.

Should you fail to comply, or give just and reasonable reasons why you will not comply, I will consider making an application to my local court to force compliance, together with costs and compensation.

 

 

Yours faithfully

[izzitme101]

will likely send a similar one to bc who only sent a a copy of conditions (no terms) top half of which cant be read haha.

[izzitme101]

Ok im back after a nightmare few weeks of no net and some strange hours working, i see smt's thread, good news there, so its been well over a month now, so cpr 2 is winging its way to barclays today, as well as the first one to bc. Thats gonna be their reply to an defective DN i think, not to clever with dates these people are they.

[izzitme101]

something has just occured to me.

If i borrowed 5k, and have paid back 4900 when i got into trouble, if they dont provide the cca with my sig, wouldnt that mean my moral obligation is just 100 pounds?

although total repayment with interest ect would been nearer 7k, but without the agreement they couldnt have that.

[slick132]

Hi Izzit,

 

How you deal with any moral issue is up to you.

 

If they fail to comply with their obligations to suppy a copy of your agreement, you can withhold payment.

 

If they sue you, it will be for the court to decide if you owe anything.

[izzitme101]

yeh i realise that, was just considering a part reply of the moral question a judge might ask is all

[izzitme101]

ok i got a reply back in response to my second cpr letter on this one.

 

Starts with an apology for the delay in responese to my letter, they go on to say they provided a copy of my agreement, and enclosed the exact same document again.

They say they are not prepared to provide me a copy of the agreement bearing my sig, as the enclosed copy meets the requirements of section 77.

They do not accept that im entitled to pre-action disclosure of the document for these reasons:

 

it is well established that where allegations on which pre-action disclosure applications are based are diffuse and unspecific, an applicant will fail to satisfy the test for seeking standard disclosure (sinc ethe case against which a party is to disclose has not been clearly set up).

 

Well its unspecific because i cant be specific until i see the signed agreement?

 

2 there isconsiderable doubt as to wether disclosure would ever be reached if i were to issue proceedings. Where this is so, case law establishes that paragraph © of cpr31.16 will not be deemed to have been satisfied.

 

They are under no obligation to to provide me with the document, and will oppose and application made through the courts.

 

i think they mean they dont have one, but will do everything they can to not let anyone else find that out :O

 

Any ideas on next step?

Will take a look at smtp's thread again.

[slick132]

Hi Izzit,

 

You shouldn't assume their reply suggests they don't have an agreement for the a/c. They are merely continuing to avoid disclosing the doc't.

 

Next step on the CPR route is to make the Application to court.

[izzitme101]

ok thanks slick, will be a week or two till i get enough cash together to do it, could i have this moved to legal issues forum, so i can get some help with the poc ect please?

[izzitme101]

oh and dont i need to send a LBA first before making the application?

[slick132]

Hi Izzit,

 

If you sent CPR letters 1 and 2, that's enough and you can proceed.

 

The CPR thread sets out exactly what you need to make the court application.

 

No need to move your thread, IMHO, but will if you want.

[izzitme101]

ok am working on the 244 today, have to admit im a bit nervous tho

Just made sure i have my papers in order, one or two letters i forgot to date, but thats ok i think, cos i got responses to them.

[izzitme101]

im about to be issued a second DN for this account, can they issue a second DN for an account?

Not been able to file the 244 yet, since im working but on a very low income, main bills have to go first

[slick132]

Have a look here to see if you'd qualify for fee remission - http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_0406.pdf

 

Check out the Data Protection and Default Issues forum re 2nd DN.