Please help, advice re Barclayloan and suspended interest

[Inertia Creeps]

Hi all

I had a Barclayloan of £5200 which I took out in October 2004, unfortunately I was in debt and by September 2005 I entered a debt management plan.

Since then I have paid back just under £4000 through Payplan. I recently contacted Barclays to ask for a balance on this account which they told me was £6560.

My Barclayloan continues to rise through interest, even though I have 2 letters dated from 2007 and 2008 to say that interest is suspended.

I have written to Barclays with photocopies of these letters but they are still maintaining they will charge me the interest, despite me having it in writing from them that they won't for at least 2 years now.

Payplan have also spoke to them on my behalf but they are still saying that I have to pay interest.

Any advice would really be appreciated as I am at the end of my tether.

I also have an old additions account that was closed and I paid an absolute fortune in charges. This bank really does want their pound of flesh.

[slick132]

Hi Inertia Creeps and welcome to CAG.

 

Can you post up a copy of one of the letters (if they're the same) or both of them if they say different things.

 

See here for a guide on how to do this using PhotoBucket - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

If the bank told you interest would be suspended but they failed to do this, you can take action to have the interest charges removed from the a/c.

 

If they refuse, you could take court action against the bank.

 

Or you could stop paying them, wait for them to take you to court and defend. If you do this, however, they will hound you with phone calls, default you and use different DCA's to chase for payments.

 

The defence in your case is the priciple of Estoppel. Read up on this here - Estoppel in English law - Wikipedia, the free encyclopedia

 

Spend some time reading other threads to see how others are dealing with their creditors. You won't find many Estoppel cases but you WILL see how CAGgers take on the banks, and win.

 

[Inertia Creeps]

Thankyou Slick for your reply, I shall attempt to upload both the letters which are more or less saying the same thing.

There is so much information on here, I don't know where to start. I only came on here to get some help on this subject but now I'm interested in claiming back bank charges and PPI.

I was in debt but I think this situation was made worse by all the late payment charges etc that have been added to my accounts over the years. Really appreciate your reply

[Inertia Creeps]

Edited December 4, 2009 by Inertia Creeps
too big need re sizing

[Inertia Creeps]

Um, sorry about the size of that, wasn't really sure what I was doing but these are 2 letters dated almost a year apart so that's almost 2 years of interest they have said they would suspend and they havent. I'm actually paying less than the interest that is being added on every month.

I do not have any more letters apart from those so at least this is better than nothing!

[slick132]

Hi Inertia,

 

Wow, those pics are way too big - you'll blow a site fuse.

 

Can you remove the pics (using the edit button) and repost them smaller, individually, not side by side. Or use the PhotoBucket system with a link to the documents. Before you re-post them, remove the a/c balance figures which still show.

 

Anyway, it is clear that Barclays have reneged on their promise to suspend interest on the a/c and you should be able to have this put right.

 

I suggest a letter to Barclays HQ in London complaining that interest has continued to be added despite their letters dated xx and yy. If you draft a letter and post it here, I'll let you know if it needs tweaking.

 

Do you have all the statements for the duration of the loan to ckeck for any penalty charges which can be reclaimed in full plus interest. Or any PPI which you think is mis-sold.

 

If you don't have the statements, you can send a SAR with a £10 fee to get them. Read the reclaiming Guide at Link No1 in my signature below.

[Inertia Creeps]

I have a few statements, but not for the whole duration of the loan. I also don't have anything on the PPI but it was for about £1100 I think.

To be honest, I have misplaced quite a lot of the letters my creditors have probably sent me.

Would the SAR include copies of any correspondance that they have sent me? I take it I would send the £10 fee as a postal order because they aren't getting their grubby mits on my bank account details!

[slick132]

Thanks for re-sizing the pics - much better and doesn't slow down scrolling through the thread now.

 

Send off the SAR with a £10 PO if you want. However, unless you have another Barclays Group a/c, I see no risk in sending a cheque.

 

NB If you do have any Barclays bank a/c, it is at risk of them taking payments using their "Right to Set Off".

 

In theory, you should get back everything that they hold about you. But in practice, you'll get a/c statements, a default notice maybe, and maybe some letters if you're lucky.

[Inertia Creeps]

Hi there, just wanting a little bit of advice from you guys.

I'm new to this site and finding it rather daunting trying to find the advice I need so I'm sorry if the advice I need is basic.

 

To cut a long story short, I have been in debt and spent the last 4 years in a DMP paying it all back, however I have a problem with Barclays bank with regards to interest charges on a loan and some other things.

Barclays will not give me a final figure on what I owe them, it changes weekly and by large amounts of money (ie thousands) so from what I gather, I need to obtain an SAR as well as the CCA.

I applied for the loan online in September 2004 and defaulted around June 2005.

 

What I would like to know is why do I need to ask for the CCA?

Also, if I've defaulted on a loan, and entered into a Debt management agreement, surely the PPI is invalid as I would not be able to claim on it in these circumstances therefore would I be entitled to a refund on some of the PPI premium.

 

I have spent quite a few hours looking on this site, I know where to find the templates for the SAR and CCA request but I'm starting right at the beginning here and I would really appreciate if somebody could point me in the right direction.

 

Barclays are a nightmare to deal with - I have 2 years of letters from them saying that interest had been suspended on my account yet they still continue to apply it, even though I have sent them copies of their own letters!

I've paid back £4000 of a loan that was £5200 (not sure if PPI was included in that or added on) and according to them I still owe them £6560, or £5200 or whatever they feel like telling me I owe them depending on the day I call them!! As I said before, any advice on the above questions really would be appreciated.

Thank you

[dx100uk]

cca will tell you how the ppi was applied

 

get it back

 

look at the notes for claimants sticky at the top of that forum.

 

i would expect the ppi will clear that loan and give you a bit back too in your pocket

 

dx

[citizenB]

Hi there, just wanting a little bit of advice from you guys.

I'm new to this site and finding it rather daunting trying to find the advice I need so I'm sorry if the advice I need is basic.

 

To cut a long story short, I have been in debt and spent the last 4 years in a DMP paying it all back, however I have a problem with Barclays bank with regards to interest charges on a loan and some other things.

Barclays will not give me a final figure on what I owe them, it changes weekly and by large amounts of money (ie thousands) so from what I gather, I need to obtain an SAR as well as the CCA.

I applied for the loan online in September 2004 and defaulted around June 2005.

 

What I would like to know is why do I need to ask for the CCA?

Also, if I've defaulted on a loan, and entered into a Debt management agreement, surely the PPI is invalid as I would not be able to claim on it in these circumstances therefore would I be entitled to a refund on some of the PPI premium.

 

I have spent quite a few hours looking on this site, I know where to find the templates for the SAR and CCA request but I'm starting right at the beginning here and I would really appreciate if somebody could point me in the right direction.

 

Barclays are a nightmare to deal with - I have 2 years of letters from them saying that interest had been suspended on my account yet they still continue to apply it, even though I have sent them copies of their own letters!

I've paid back £4000 of a loan that was £5200 (not sure if PPI was included in that or added on) and according to them I still owe them £6560, or £5200 or whatever they feel like telling me I owe them depending on the day I call them!! As I said before, any advice on the above questions really would be appreciated.

Thank you

 

You are entitled to ask for a copy of the contract which a creditor says you have signed. It can be for many reasons, mainly to see if the contract was drawn up with due regard to the Consumer Credit Act 1974. All the i's dotted and all the t's crossed.

 

Barclays are a particularly nasty bunch. If asked, they should be providing you with a statement of account so you can see where you are.

 

The Subject Access Request should be made to the Data Compliance Officer, the company has 40 days in which to provide this information. All of it, every scrap of information that is relevant to you in your dealings with the company. Whilst you can ask for a copy of the agreement within the SAR, they arent obliged to send it to you as this is covered under a separate Act.

 

PPI, is there any chance this could have been mis sold ?

 

I am not sure if, being on a DMP would entitle you to a refund. But if it was a mis sold PPI, this could make a whole lot of difference to the situation.

[dx100uk]

to ans your last question.

yes you can

alanalana succeeded recently.

 

dx

[mangle101]

If you do request an SAR ( This will cost you a £10.00 postal order ) this will ( Should! ) include any CCA's that you have had ever so, no need to request a separate CCA. Ensure that YOU DO NOT SIGN THE letter & also send via Recorded Delivery so you are able to ensure proof of delivery.

[Inertia Creeps]

Thanks for your advice all, I shall keep you informed.

I'm currently in a DMP but I don't know what their attitude will be to me taking this action against Barclays. Has anyone negotiated with their creditors by themselves instead of using a DMP?

[Inertia Creeps]

I've been reading up on a few threads on this site, and I get the impression that Barclays are quite an unpleasant bunch, ignoring requests for SAR's and CCA's.

I'm currently in a DMP but only have this outstanding account with Barclays left so do you think it would be beneficial for me to go it my own way now? I feel that I've had more help and advice in the last week since I registered on here than I have from payplan. I've told them that Barclays are being awkward but they really don't seem interested.

Perhaps Barclays funds them! I don't like to criticize payplan as they have helped me over the years, but I'm starting to feel empowered and I think I could take this into my own hands.

[slick132]

Hi IC,

 

Barclays are not the easiest bunch to d/w, agreed, but they will usually respond to a SAR.

 

If you haven't yet sent off a SAR, do so now. You can decide what to do re PayPlan in due course as no decision need be made on this now.

 

Did you read up on Estoppel.

 

When you get back the SAR data, you can review the situation re charges, re interest and re PPI. Then you can decide on how best to proceed.

[banker_rhymes_with]

I've been reading up on a few threads on this site, and I get the impression that Barclays are quite an unpleasant bunch...

 

You would not be wrong.

 

Cheers,

BRW

[ieuanMr]

Inertia, I strongly recommend taking legal advice. Alternatively go to the Ombudsman , you need help.

[Inertia Creeps]

Ha ha Slick, your last post addresses me as Information Comissioner!

Had a read up of Estoppel and I understand the gist of it but I'm thinking of seeking legal advice from a solicitor. It's not about getting out of paying anything, I'm happy to pay back what I owe but Barclays are taking the royal p*** by saying they will suspend interest then continue to keep adding it as well as telling me incorrect information with regards to how much I "supposedly" still owe them.

[Inertia Creeps]

I have just been reading a few more threads on the forum, and I came across one interesting thread which says along the lines of "why you shouldn't use section 77/78 of CCA 1974 if you want the true copy of the signed agreement".

Is this true that they are able send you an agreement that wasn't the original copy cos if so then isn't it pointless asking for it under the CCA?

[slick132]

Hi Inertia,

 

LoL - The Site took your initials, which I used, and translated it !!

 

Of course, it's your prerogative if you want to take solicitor's advice but, if they start writing any letters for you about this, the fees will stack up quickly.

 

I see no reason why you cannot take this on yourself and see what progress you make. They said, in writing twice, that they will suspend interest charges.

 

They haven't, so you can write to BC with a schedule showing the interest they have applied incorrectly. Remind them that, in their letters of xxdate and yydate, they confirmed that interest would not be charged on the a/c. Then ask:-

 

1. For all interest applied as per your enclosed schedule to be refunded.

 

2. For their confirmation that no further interest will be applied while you are still unable to resume normal payments to the a/c.

 

Tell them if they don't respond positively to your reqests within 14 days, you'll make a formal complaint to the FOS.

 

Draft a letter and post here so it can be checked first, if you want.

[slick132]

Hi Inertia, I didn't see your last post when I made my last reply.

 

The CPR strategy applies more often to credit card cases. Barclaycard, for instance, are avoiding sending out actual credit agreements by using CCA 1974 to their advantage. They send out their T&C's and there is merit in their opinion that this fulfills their obligations set out in CCA 1974.

 

CPR 31.16 is a way forward but it carries certain risks. That is why I suggest CAGgers try a complaint to the FOS first as this seems to be getting results.

 

However, your case is a Barclayloan and their agreements tends to come back looking enforceable. Send Barclays a CCA request anyway - it costs just £1. The template is in the Debt Collectors library.

[Inertia Creeps]

Would a SAR include the original credit agreement therefore negating the need to ask for the credit agreement under the CCA act?

I'm now ready to send off all correspondance to Barclays, thanks to advice from you Slick.

I take it your the Barclays "expert" lol

[banker_rhymes_with]

Hello Inertia Creeps!

 

I'm not sure if the Agreement is still live but, if it is, then it can be useful to send them a s77(1) Statutory Request to obtain a true copy of your properly executed Regulated Fixed-Credit Agreement and all the other details they should also furnish. Use the template letters that are on CAG, and make sure you phrase it that it is a s77(1) Request and you want a full response.

 

That is important, because if you ask for a full response based on s77(1), then they need to provide it and, if they miss anything that is key, such as a signed Statement of Account then they have not then complied.

 

The thing to understand is you need to hit them with the lot, i.e. both a CCA Request and also a SAR. There is nothing to be gained by just doing one, and everything to be gained by doing both.

 

This is because you want to see the issue from as many sides as possible to see if what they send differs, and to see if they make a mess of any or all responses.

 

When fighting any bank, the absolute minimum should be both a CCA Request and a SAR. Then, only after they have been sent, should you explore the CPR options such as 34.16 before Court and 34.14 once proceedings have started.

 

Finally, always send all key correspondence to The Company Secretary at their Registered Office. Same applies to all banks, DCAs and any bank-like organisations you end up having to deal with.

 

The Registered Office of a Company can be found here, for free:

 

Companies House

 

I take it your the Barclays "expert" lol

 

Slick certainly is, I'm just filling in for them while they are off-line!

 

Cheers,

BRW

[Inertia Creeps]

This letter is a formal request for a full response pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

 

Does this look to be correct bearing in mind that I've used the template given but added in the "full response" bit?