Agam -v- Barclays Partner Finance

[agam]

I have just finish paying a car finance loan with barclays partner finance and they are now chasing me for around £400 worth of default charges. I have written to them stating that these charges are unfair and do not reflect the true cost etc etc default charges being £22.50 a time. They have replied and stated that all this only applys to credit cards. I have chanced my arm and sent a letter back stating that I believed that not to be the case and continued to state that therefore I believe the loan to be fully paid off. All that is left is the charges. They continue to phone time and time again sometimes using underhanded tactics to try to get me to call back ' Leaving messages like can she just call carl then a number'.

 

I am wondering whether I should hold out on these charges, (which i haven't paid yet)?

[shedsounds]

Wellmine clearlywasnt a credit card but it applies to loands, anything as far as I know... thing is Barclays from my expereince are soooo underhand..

[slick132]

Hi Agam and welcome to CAG.

 

I've moved your post into your own thread which you should use from now on.

 

Any penalty charges put on the a/c by BPF are reclaimable in full.

 

Read the Reclaiming Guide at Link No1 in my signature below. Then send BPF a Prelim Claim letter enclosing your Schedule of Charges.

 

If you don't have all the statements required which show penalty charges and the dates they were applied, you need to send BPF a SAR.

 

If they refuse to refund the charges to your a/c, you will send them an LBA. If they still fail to refund, you file a claim against them at your local County Court.

[bearing]

Hi Agam,

 

I know in my thread you'd said that you were a little scared about the process, well there's no need, the worst part about the whole process is the time scale. Once you get into it, you'll enjoy the empowerment of taking on Barclays.

 

Good luck and I'll keep an eye on how you're doing.

[agam]

I need to get a few things straight first.

 

The loan agreement stated that payments of £374.67 monthly were to be made with a final payment of £474.67. This then made the total of the loan.

 

I have made all these payments now and all that is left is charges.

 

There is a small comment about charges of £22.50 for late payments but no comment about when these were to be paid as obviously these were not part of the original agreement.

 

I don't want to give them the money for the charges and then claim it back.

Where do I stand on refusing to pay these charges, do I still make a claim at court?

What about contacting the ombadsman? would this be of any use to me?

And do I need to send them a letter stating that I am disputing the charges?

At present all they do is phone which is really annoying so I am definately going to send a letter about that.

[bearing]

I need to get a few things straight first.

 

The loan agreement stated that payments of £374.67 monthly were to be made with a final payment of £474.67. This then made the total of the loan.

 

I have made all these payments now and all that is left is charges.

 

There is a small comment about charges of £22.50 for late payments but no comment about when these were to be paid as obviously these were not part of the original agreement.

 

I don't want to give them the money for the charges and then claim it back.

Where do I stand on refusing to pay these charges, do I still make a claim at court?

What about contacting the ombadsman? would this be of any use to me?

And do I need to send them a letter stating that I am disputing the charges?

At present all they do is phone which is really annoying so I am definately going to send a letter about that.

 

 

You are in the same boat that I was, as far as BPF are concerned you haven't paid off the whole balance which includes both the loan and the charges.

 

Obviously you are contesting the charges and as far as you're concerned they've had the money that they are entitled to.

 

Do the charges amount to much balance wise?

Edited November 17, 2009 by bearing

[agam]

The original loan was for about £17,000 and the charges are about £400