SunshineandRain -v- Barclays

[SunshineandRain]

Can anyone help with a similar problem re Barclays - Debt Managers Ltd?

 

Have a similar problem with Barclays sending me an unsigned copy of a loan agreement that looks like a computer printout. This is dated June 2005. Can anyone help with advice as to whether it enforceable since it is dated before June 2007. This loan was taken out over the internet.

 

I originally sent a CCA some months ago and received this printout/copy. I wrote a few weeks ago requesting the CCA again. Barclays denied having received my first CCA request despite the fact that it was recorded and delivered and they replied to it and sent the printout/copy! I have a letter saying they have no record of my original request, therefore they are going to ignore my second request and the failure to provide an agreement that I sent. This has bought them time to pass my personal details on to another Debt Collection agency, Debt Managers Limited, who are threatening me with the Count Court at Rotherham.

 

Although I have written to Barclays continually over about two years since getting into problems repaying the loan, I have never had a sensible word from them or any of their offshoots or debt collectors. Just more and more threats on more and more computer generated letters. Reading the posts on the Forum has helped me not to panic and shown me what a bunch of predators are out there searching through data for anyone who is in an unfortuanate financial situation. Does the Data Protection Act work at all?

[slick132]

Hi SandR,

 

I've moved your post into a new thread for you to use.

 

Can you post here a copy of the "agreement" they sent in reply to your CCA request.

 

If the loan was applied for on-line, they do not need your signature, which can be replaced by a ticked box.

 

Are there are penalty charges on the a/c, or mis-sold PPI. These can be reclaimed by you.

 

If you don't have all the a/c statements, send a SAR with the £10 fee.

[SunshineandRain]

Hi Slick132

 

Many thanks for your help in creating a new thread for me. I am attempting to scan the agreement sent. I've got it all ready. The agreement was sent by Barclays at my CCA request in August, but it was not anymore than a copy which anyone could have made, so I wrote putting the loan in dispute. Having sorted the paperwork, the demands that Debt Managers are making bare no resemblence to the original loan. I think they may have added there own 'costs' or 'extras'.

 

The loan was originally applied for over the internet but I remembered going to the bank and the amount being changed in the bank. There is a huge sum added on for Payment Protection. When I took out this loan I was quite desperate to help with other payments. Basically servicing loans with other loans. I was not aware of how much the original loan would grow and how much I would have paid after so many payments.

 

I was able to keep up the payments for about two years and had paid about £6000.00. My husband entered an IVA agreement and we could not include some debts that were in my name because we would not have been able to meet the payment requirements. The debts that were left out in my name, I have been hounded for ever since, with constant phone calls and threats to turn up on my doorstep. The advice and letters I've got from this forum has helped me to deal with the problems as they arise.

 

We had struggled to pay off ever spiralling debts for about ten years so I wish I had found the Consumer Forum earlier. It now makes me so angry when I think of all the people who don't have computers and don't find advice and help.

 

When I look at the record of what we were paying, the interest rates, PPI, and 'extras' are outrageous. Again thanks for your help. Now to attempt the scanning process.

 

SandR

[slick132]

You should look at the issue of PPI to see if it was mis-sold or incorrectly dealt with when the loan was set up.

 

Learn more about this by reading the Stickies in the PPI forum, and also some of the threads in that forum.

 

[SunshineandRain]

Hello Slick132

 

Sorry for delay in posting the agreement sent to me by Barclays at the request of Debt Managers Ltd, this was due to difficulties with scanning.

 

The agreement is unsigned, by me or by any Barclays employee. The loan was applied for online but I was called in to the bank and the loan was completely remade.

 

I had paid off a lot more than I remembered but with PPI and high interest rate there is still a huge amount to pay.

 

Today I received a threatening letter from Russel & Aitken Solicitors and this is terrible, to be threatened with 'Court Action' and 'potential extra costs'. I have included this lovely item in the posted documents.

 

Last week I sent a formal letter to Debt Managers putting the loan in Dispute because the copy of the agreement was not a true copy.

 

Please advise me whether I should have blanked out the amounts before posting the documents. Please can you let me know if scanned documents can be read.

 

Regards

 

SandR

[slick132]

Hi SandR,

 

The pics are way too small to read.

 

See here for how to upload pics to PhotoBucket and link to the forum - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Hide any personal data after scanning and before uploading.

 

[SunshineandRain]

Slick132

 

Hello, thanks for the help. Here are the documents from Photobucket.

 

Regards

 

SandR:)

 

Russell Aitken letter:

 

Debt Managers Ltd letter:

 

Barclayloan Agreement:

 

Barclayloan Agreement:

 

Barclayloan Agreement:

[slick132]

Although the PPI figures were clearly set out on the form, do you know of any reason that could mean the PPI was mis-sold.

 

I see there's no tick in the PPI brackets on the "agreement", nor a signature.

 

And no signature shows on the main agreement - have you blanked these out or are they not showing on the doc'ts.

 

Have you read up on this in the PPI forum as suggested.

[SunshineandRain]

Hello Slick132

 

Thanks for your reply.:)

 

There are no signatures on the agreement, mine or anyone from Barclays. I cannot think of any reason why I was mis-sold the PPI as I originally opted for it believing that I would stand more chance of getting a loan if I accepted it. Only thing is that somehow I had no idea that it would be that much money when I took out the loan. At that time I was not in a position to turn the loan down, even so, had I realised or checked the actual amount I would probably have not taken the loan.

 

I have just received a letter from Debt Managers and another from Russel & Aitken. The one from Debt Managers says that Barclays are unable to provide the documentation I asked for in my CCA request and therefore they will return my account to Barclays and they will not be pursuing the matter further. The R & A letter says that the account is closed and referred back to Barclays.

 

At first I was relieved by this but on thinking about it I think that Barclays may 'sell' the account details on to another Debt Collection Agency. I would be interested to know if you think they will, or if you think it is really closed. I would be interested to know if anyone else has had a similar experience with these DCAs and solicitors and if their debts were then sold on again.

 

Many thanks for helping and supporting me through this awful situation.

Regards

S&R

[slick132]

Hi S&R,

 

Did you start a thread about this in the PPI forum to get opinion about whether you have any case for a PPI refund, due to no signature, inappropriate circumstances re your employment or health issues.

 

You say the loan was "taken out" on the internet but the form looks like it would need to be signed by you. If your signature is not on the form, it may be game-over for Barclays.

 

Before we get carried away here, I'll seek further opinion on the signature issue.

[SunshineandRain]

Hello Slick132

 

There are no signatures on the document/'agreement' sent to me as posted above, not my signature nor any from a Barclays person.

 

I originally made the application by filling in a form on the internet when a loan was offered to me, automatically, through my internet bank account. The application was accepted online by submitting the form, then I was asked to call at the bank to complete the loan. I probably did tick the PPI box as I believed that I would have more chance of getting the loan if I accepted PPI and was pretty desparate :(to pay bills and payments. The loan just bought some time but the debts continued to spiral.

 

When I visited the bank I think I can remember the loan being 'remade' and landing up with more than had originally been offered but I not certain of that. I haven't started a PPI thread yet but I will do.

 

Many thanks for your continued help.

 

Regards:)

 

S&R

[slick132]

Hi S&R,

 

Credit agreements taken out after April 2004 could be "signed" by ticking the appropriate box, if the loan was done on the internet.

 

If the loan was re-jigged in the branch, then I'd expect you would have had to sign the new agreement. Is there a chance you could find the copy given to you at the time, to see if this tallies with the copy doscument they have supplied.

[SunshineandRain]

Hello Slick132:)

 

Thank you for your reply. Have been searching through all the paperwork and stuff kept in the loft but can't find anything to tell me what was changed at the bank. I do remember going to the bank and the loan being remade though.

 

I will try now to learn how to start a new thread for PPI and claim back some bank charges if it is not too late to do that.

 

Thinking about the years of distress Barclays have put me through, I am gathering everything together to make a complaint about them to OFT. We were good customers until we hit difficulties. Barclays have no 'real' procedures to help people who are struggling to pay. They treat everyone who can't pay as criminals, using threat and scare tactics and then passing or selling on personal and private information to Debt Collecting Agents. At the same time they spend millions on advertising campaigns to presents themselves as 'the good guys'.

 

I would be grateful for any advice about how to go about making this complaint.

 

Many thanks for your continuing interest and support:)

Sunshine&Rain

[slick132]

Hi S and R,

 

Go to the PPI forum and hit the NEW THREAD button, select a thread title and you're off.

 

You can't complain to the OFT about the bank, seeking help with your own case. If the bank are at fault and need investigating, the FOS would be the place to complain to.

 

Look into reclaiming PPI and, if the bank won't co-operate, contact the FOS. Be warned though, they are very slow in progressing complaints as they give the bank weeks to respond on each occasion of contact.

 

Certainly, if there any penalty charges added to the a/c, start the process of reclaiming these. This will put the a/c In Dispute and may be useful if the bank or their agent starts any court action.