Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • lookinforinfo
      EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND

      By lookinforinfo · Posted

      Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • aesmith
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By aesmith · Posted

      What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Loan not on credit file

Glavey25

By Glavey25
in General Debt Issues

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5265 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Glavey25

Glavey25

Posted
Posted

Hi,

 

I need some advice. I took out a barclays staff loan in 2008 over the phone. No credit agreement was signed and i recieved no paperwork. I am now getting made redundant and have to pay the loan back. Looking into my options I have found out that the loan is not on my credit file. Does anyone know what this means?

Link to post
Share on other sites
  • Replies 58
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Glavey25

Glavey25

Posted
  • Author
Posted

Hi,

 

I need some advice. I took out a barclays staff loan in 2008 over the phone. No credit agreement was signed and i recieved no paperwork. I am now getting made redundant and have to pay the loan back. Looking into my options I have found out that the loan is not on my credit file. Does anyone know what this means?

Link to post
Share on other sites
Glavey25

Glavey25

Posted
  • Author
Posted

I think I just checked experian. What would happen if i defaulted on the loan? Obviously i would not want to but im worried. Im going to have no income and my redundancy will not cover the debt.

Link to post
Share on other sites
cerberusalert

cerberusalert

Posted
Posted

In the absence of an agreement they cannot take any enforcement. They can't prove a debt exists, they don't have your permission to process your data & if they were to mark your CRA file you could sue them to remove it. See; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

Link to post
Share on other sites
Glavey25

Glavey25

Posted
  • Author
Posted

Thank you so much, I am abit new to this site and I am not quite sure what all the legislations really mean. I have had a look at the link you sent me but I dont know which part applies to me?

What course of action should I take?

Link to post
Share on other sites
thunderstorm80

thunderstorm80

Posted
Posted

I have had a credit card for years. The bank never provided info about the account to any CRA. This is what got me suspicious ang got digging for the CCA. The bank admitted not having one. I remember applying for a current account in the branch. Towards the end of the form there was a tick box of whether I wanted the full package which included a credit card. I did not tick it, but when I got home I got a phonecall from the branch staff who offered to tick it for me so I could get the full package. I suppose they have targets to sell so much every month. I said yes. I am pretty sure there were no terms in the application form. I am pretty sure this is why the agrrement/appilication form has now disappeared and the account activity never reported to CRA.

 

The account is not defaulted but I am sure it will be when I place the account in dispute and stop making payments.

 

From my experience: lack of an account marker means => CCA problem

Link to post
Share on other sites
Glavey25

Glavey25

Posted
  • Author
Posted

how are you going to place the account in dispute? Do you think if I stopped making payments and placed the account in dispute I could have the debt written off as there is no credit agreement? They have recently changed the conditions for new applications for a staff loan, this now includes a signed agreement. when I rang to query my terms and conditions (which I never recieved) they said it was because of the CCA. Really sounds suspicious to me.

Link to post
Share on other sites
thunderstorm80

thunderstorm80

Posted
Posted

s.127(3) of CCA 1974: without a document containing the prescribed terms and your signature, the court cannot order enforcement.

 

How will they enforce without such an agreement/document?

 

Eventually ,after threatening and passing to DCA's etc (and perhaps taking it to court, which you can defend) they would have to write it off for tax relief.

 

If you have financial problems you will most probably get defaulted if you go on a reduced payment plan. Since they will default you anyway, why would you pay them the little money that you have for a non existent credit agreement? I would not.

Link to post
Share on other sites
Guest Old_andrew2018

Guest Old_andrew2018

Posted
Posted

Well you have not defaulted, so its not shown on you credit report, can you not arrange some repayment plan.

 

Andy

Link to post
Share on other sites
borisbeaver

borisbeaver

Posted
Posted

I had one of these. Just arranged over the phone. No paperwork no-nothing. When they made me redundant, they converted it into a normal loan. I had financial problems at the time and defaulted on it. That was 8 years ago and have not paid a penny back to them. It's now statued barred.

Link to post
Share on other sites
borisbeaver

borisbeaver

Posted
Posted

Oh yes! You could call them for a loan or an overdraft and would normally be agreed straight away. You never got any paper work, or an agreement to sign.

 

When you leave, they convert it from a staff loan to a personal loan and you start repayments.

 

I've had a few letters from Crapbot, but as it is statute barred, I use them to line the cat's litter tray. Now that is taking the p**s.

Link to post
Share on other sites
rickyd

rickyd

Posted
Posted

That's brilliant. I wish my bank did that, I'd love a loan for which I'd not signed anything.

 

I'd love to see them prove that I asked for it as I would insist I thought it was a gift or bonus for being a wonderful customer and see it as a way of making up for the dreadful drop in share value caused by Fred "nothing to do with me" godwit!

 

Presumably you have to sign something to get the staff loan converted into a personal loan? What happens if you don't?

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Do you think I could get a job there :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
Glavey25

Glavey25

Posted
  • Author
Posted

hay,

 

I have looked a bit further into it. The loan itself is excluded in the CCA because it was not avaliable to the general public. Im thinking if i cancel the direct debit and refuse to pay them as I now have no income (because they have made me redundant) the default can not show on my credit file as it was not on their in the first place. But if they do default me I can sue as I have not signed a credit agreement for them to share my information.

All im worried about is them taking me to court.

Link to post
Share on other sites
Glavey25

Glavey25

Posted
  • Author
Posted

I have learned today that this loan is NOT covered by the cca as it was not avaliable to the general public (even though its exactly the same)

Am I right in saying that if I default on this loan it can not show on my credit file as they do not have a document containing my signature allowing them to share my info with cra?

What do you think would happen if they take me to court? As it is not covered by the cca?

Link to post
Share on other sites
Laurel&Hardy

Laurel&Hardy

Posted
Posted
hay,

 

I have looked a bit further into it. The loan itself is excluded in the CCA because it was not avaliable to the general public. Im thinking if i cancel the direct debit and refuse to pay them as I now have no income (because they have made me redundant) the default can not show on my credit file as it was not on their in the first place. But if they do default me I can sue as I have not signed a credit agreement for them to share my information.

All im worried about is them taking me to court.

 

To be fair, if you have borrowed the money you should pay it back, not try to run off. I know that many lenders get back stacks more money than they gave out, and I disagree with many of their policies & tactics, but if I lent someone money I would want it back.

 

On the flip side, if we all refused to pay back what we borrowed, then many more people would end up in the same position as you, and that is redundant.

 

I am not trying to preach to you good vs bad etc, so please don't take it personally, but if you can't pay it back because they have made you redundant, then try and work out some agreement first, because I feel that if you do play dumb and pretend that you never took out a loan because they can't prove it, I suspect you will end up in court and might even end up in a much worse situation? i.e. fraud?

 

Just my 2pc mate, nothing personal. :cool:

Link to post
Share on other sites
yourbank

yourbank

Posted
Posted
I have learned today that this loan is NOT covered by the cca as it was not avaliable to the general public (even though its exactly the same)

Am I right in saying that if I default on this loan it can not show on my credit file as they do not have a document containing my signature allowing them to share my info with cra?

What do you think would happen if they take me to court? As it is not covered by the cca?

What legislation is it covered by then since a loan is covered under the Consumer Credit Act?

Are they saying it isn't a loan?

.

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

Link to post
Share on other sites
Glavey25

Glavey25

Posted
  • Author
Posted

I went to the CAB they checked the CCA and if the loan was not avaliable to the general public then it is not covered (even though its exactly the same as a normal loan just slightly lower apr rate for the time i took it out)

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...