Barclays Partner Finance: next move?

[Gordonthemoron]

Hello all

 

I've been helping my mother deal with BPF (formerly Cyldesdale FS) re: charges on her loan account (taken out 5 years ago to finance an electric bed). The payments were due to finish in June but the addition of many charges of £22.50 meant the account remained.

 

Here's a summary of action so far:

 

-sent letter requesting charges be removed, and also CCA request

-reply from BPF saying charges applied in accordance with T&Cs, enclosed copy of credit agreement and statement of charges.

-credit agreement looks ok except not dated by my mother

-statement shows many charges of £22.50 for late payment due to her payments at Post Office being credited to account about 7 days later

-letter sent to BPF asking that charges to be removed and for an up to date balance

-no reply received (they denied receiving this letter), but lots of phonecalls made by their call centre informing that account overdue

-letter sent to BPF, enclosing previous letter, requesting all comms to be in writing and for response to previous letter

-reply from BPF removing some of the charges (those added since the dispute raised and some others I told them were not actually late payments). they say their charges are in line with major institutions and represent actual losses incurred, and that no further charges will be removed, and this can be considered their final response, we may refer to Financial Ombudsman if we wish.

 

As things stand, the loan and interest have been paid off, and all that remains is a balance made up of their charges.

 

How can I get BPF off my mother's back? When the account is overdue, they phone often and add more charges onto the account. She is elderly and the stress is not good for her. Would the Ombudsman be any help? It would be strange to take them to court as it is they who are chasing the money! I could pay off the balance to stop them calling and writing, and then claim back, but would prefer not to if possible.

 

Any ideas?

[slick132]

Hi Gordon and welcome to CAG.

 

Read the Reclaiming Guide at Link No1 in my signature below.

 

Do you have a full list of all penalty charges made to the a/c. If so, make up a SOC using a Site spreadsheet - http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

Send this to BPF with an LBA. Adapt and use this - http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm You don't need to send a Prelim Reclaim letter because of the exchanges which have already occurred.

 

If you don't have all the statements, send a SAR - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request- enclosing the £10 fee.

 

You will then know if BPF owe you, or you owe them.

[Gordonthemoron]

Hello Slick and thanks for the welcome and reply.

 

We have a full list of the charges applied to the account so can complete a SOC no problem.

 

My main problem is: the loan and interest (all 25.x% APR of it!) have all been repaid. The only amounts outstanding on the account are the charges.

 

We are not therefore reclaiming charges paid, rather refusing to pay the charges that have been imposed and BPF are now chasing.

 

Would the procedure for getting BPF to stop chasing her for the charges be the same as that for reclaiming charges already paid? You'd usually expect those allegedly owed the money to be the plaintiff in any court case.

 

Cheers.

[slick132]

Hi Gordon,

 

It's BPF, and not you, who have been who have been running the a/c. They have added charges to the a/c and now it's time you reclaimed them.

 

Send the SOC to BPF with your LBA.

 

Add a paragraph to say:-

 

" In view of all the unlawful penalty charges you have added to my account, I consider the account to be In Dispute. Until this matter is resolved, you must send no further demands, or telephone. "

 

If they don't repay within 14 days, file your claim at your local county court and you can then claim Statutory Interest @ 8% on each charge from the date it was added to the a/c.

 

You will need up to date info on the latest charges before you file at court,

[Gordonthemoron]

OK will do.

 

Had hoped it wouldn't be necessary as she's not yet paid the charges. BPF are claiming they are outstanding and are trying to intimidate her into continue making monthly payments until their charges have been paid.

 

It's akin to me standing on the road outside my house and invoicing every passing car £1000 to pass. I wouldn't expect the drivers to sue me for the charge to be waived, they'd expect me to sue them to try and get the charges enforced.

[slick132]

I see your point but the charges have been added so you have to sue to get them credited or repaid.

 

The alternative is to let them continue to write, call or visit and then take court action against which you (or your mum) would defend.

 

Have you actually worked out whether you owe them, or they owe you yet.

[Gordonthemoron]

As things stand we are pretty much quitz. The original loan and interest have been paid off, ie the final instalment has been paid.

 

The balance BPF claim is remaining is made up purely of charges, multiples of £22.50, and a £10 charge for a replacement payment book. No additional interest has been added by them.

 

See your point on the calls continuing though. Wouldn't mind if they were calling me, but they refuse to do so. Would be lovely to tell them to whistle for their charges, but can see that won't work here.

 

Cheers for your thoughts.

[slick132]

Hi Gordon,

 

Send the LBA as advised.

 

Until they credit or repay the charges, their system will show the amounts as owing and they'll continue to press for payment.

[Gordonthemoron]

Update...

 

Sent LBA, and BPF just sent a letter confirming their previous "final response".

 

Next stage is to start court claim.

 

Need to do a POC.

 

I've looked at the templates in link 1 in your sig Slick, and can't find one for this type of account. Do you have a link to any for a fixed sum loan account, or should I just adapt the one for credit cards?

 

Also, it would be easier to submit online. I presume there are no problems with this?

 

Cheers

[slick132]

Hi GTM,

 

Don't do it on-line, for various reasons, one of which is that the claim could get automatically Stayed and it'll take forever to get it unStayed. File your claim at your local Couty Court.

 

Use the BC POC, carefully amended as necessary - http://www.consumeractiongroup.co.uk/forum/barclaycard/114914-new-barclaycard-poc-n1.html