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Glavey25

Barclays Bank staff loan please help

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Hi ya,

 

I took out a new staff loan in july 2008. This was a telephone agreement and the funds where transferred into my account 24 hours later. No credit agreement was signed and i recieved no paperwork. I have now been told that I will be getting made redundant in sep and have to pay back the loan in full or go onto a normal personal loan which means the interest rate will triple. I have read the terms and conditions for the staff loans on the hr website. They now say since october 2008 you need to have a signed agreement before they give you the loan because of the consumer credit act. I have rang and asked for a copy of the agreement I made but they do not hold one. I dont know what to do? Is the loan enforcable?

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Welcome to the CAG,

 

General rule - no agreement no enforceable debt

 

so Barclays make billions and still lay people off, goes to show the crunch aint over yet.


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi ya,

 

I took out a new staff loan in july 2008. This was a telephone agreement and the funds where transferred into my account 24 hours later. No credit agreement was signed and i recieved no paperwork. I have now been told that I will be getting made redundant in sep and have to pay back the loan in full or go onto a normal personal loan which means the interest rate will triple. I have read the terms and conditions for the staff loans on the hr website. They now say since october 2008 you need to have a signed agreement before they give you the loan because of the consumer credit act. I have rang and asked for a copy of the agreement I made but they do not hold one. I dont know what to do? Is the loan enforcable?

 

Hi Glavey25

 

Sorry to hear about your impending redundancy.

 

What is a telephone agreement?

 

They may claim that this is a company loan and deduct it from any severance pay.

 

How can they give you a personal loan if you don't have any income/job?

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They would have great difficulty in enforcing payment in the absence of a signed agreement, AFAIK they can't deduct it from any severance pay either. Under no circumstances sign any new agreement & read carefully any documents they produce for you to sign with regards to your redundancy.


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thank you all for your responses. They said it was a verbal agreement as it was done over the phone. I cant get hold of any documents that I verbally agreed too, so now facing redundancy I can not go back and have another look at the terms and conditions.

 

Good point raised about them giving me a personal loan if I dont have a job. Didnt think about that lol.

 

If I fail to pay back the loan or arrange another loan they will deduct it from my redundancy. Unfortunaly as I only work part time the redundancy will not cover the loan.

 

Im stuck and do not know what to do next.

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Did they send out a customer copy to you?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I didnt recieve anything. no confirmation of apr rate, term, amount ect...nothing

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I didnt recieve anything. no confirmation of apr rate, term, amount ect...nothing

 

I guess this thread interests me because I worked for RBS Group until Feb this year and I still have a natwest loan at staff rates so obviously, the one thing I did check(and before anyone asks, it is enforceable) what happens when my employment ended. For me, I had a fixed term loan so I guess the obvious question is whether the loan is a fixed term loan? If it is then the interest cannot be changed as it is fixed at the point it is taken out. It would be only right that should I decide to take out further borrowing that it would be customer rates so to speak.

For me it is a fixed rate loan and my payments remained the same. For you the question is that it is not your fault that the bank are making you redundant and so it would be unfair for them to change the rate because of a decision out of your control.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes the loan is fixed. Did you sign an agreement? Or was yours the same as mine?

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Yes the loan is fixed. Did you sign an agreement? Or was yours the same as mine?

Is it a fixed rate loan, that bit is the important thing.

Ask them to send you a copy of the terms and conditions of the loan plus a copy of the agreement. Yes I did sign because it was all in writing prior to them putting the funds into my account.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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There isnt a signed agreement by me. So I need the general terms and conditions for a staff loan.

Everytime I phone I get a different answer. One person said there is no way of getting a copy and the only thing they have is the recording of the call. Another person said it should be on the Barclays hr website, but its not. Another advisor said they will print it off and send me it in the next few days. We shall see if that arrives.

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There isnt a signed agreement by me. So I need the general terms and conditions for a staff loan.

Everytime I phone I get a different answer. One person said there is no way of getting a copy and the only thing they have is the recording of the call. Another person said it should be on the Barclays hr website, but its not. Another advisor said they will print it off and send me it in the next few days. We shall see if that arrives.

 

When you have the terms and conditions then read it through specifically about whether the bank can change the rate of the loan or better still the type of the loan.

 

This may sound strange but is there not a way at work that you can check the type of loan that you have or go into a branch and ask branch staff whether you have a fixed rate loan?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I know it is a fixed rate loan. At work you cant check your account. Il ask in the branch if they can get me a copy of the terms and conditions I verbally agreed to. What they are saying is that because you are no longer a member of staff you are not eligible for a staff loan, so it has to be payed back on full and moved onto a customer loan so the apr will increase.

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I know it is a fixed rate loan. At work you cant check your account. Il ask in the branch if they can get me a copy of the terms and conditions I verbally agreed to. What they are saying is that because you are no longer a member of staff you are not eligible for a staff loan, so it has to be payed back on full and moved onto a customer loan so the apr will increase.

 

Without the agreement it is difficult to argue but you now need the terms and conditions which will explain if they can change the rate of the loan if you leave the bank.

On the basis it is a fixed rate loan and there are no terms that can change the rate then they can't change the rate since it was fixed at the outset but should you take any other borrowing with them then obviously it would be at customer rates.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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ok ill wait and see what... if anything arrives. thanks so much for your advice

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ok ill wait and see what... if anything arrives. thanks so much for your advice

No problems, I do completely understand your worry because even though I had written paperwork it was still at the forefront of my mind.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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You really need to get hold of the T&C's, to see what it says about what happens to staff loans if you leave their employment. I suspect they will have it fully covered, but until you see the T&C's, you can't be sure

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Still no terms and conditions and i have just found out that this loan is not on my credit file. What does that mean?

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