Jump to content
  • Tweets

  • Posts

    • Hi dx,   Yeah I've seen that mentioned, though I'm surprised that if it's unlawful how they even have the gall to suggest it in the first place - there must be a loop hole they have handy.   Sam
    • Once it is confirmed that you have the judgement, then you should get it enforced by the High Court enforcement officers. This means that you will have to go to a HCEO website, and begin the process. It will cost you £66 to have the County Court judgement converted into I High Court judgement and then an order to HCEO to enforce the judgement. You will need to double check that if they are unable to enforce it, that you won't be responsible for the fees. It is standard nowadays for the defendant to be responsible for enforcement fees and if the enforcement fails, then HCEO have to absorb the costs themselves. However you should just check that this is the case when you begin the transfer up process. (Transfer up is where the judgement is sent up to the High Court for enforcement). Enforcement this way is available for any judgement more than £600. High Court enforcement is very vigourous and is the best way forward. However, it is at the enforcement point where you will start to learn whether the defendant exists/has assets/is at the address which you used for the claim/all sorts of other ways that they escape.  
    • Finally the Charge has been taken off after having  to chase them again, because it was still showing on their payment site till yesterday. Thanks for all the advise and help. I have made a donation too and hope this helps in helping other people. 
    • Yes, you don't get a free motorcar. At the end of the day, you have to find yourself in the position that you would have been had the contract gone ahead. That means that you made a contract for a vehicle of a certain value and if goes well, you walk away with that expected value in your pocket.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

CCA - Loan Agreement - Reply Received!


Please note that this topic has not had any new posts for the last 3826 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

Ive just received a copy of my loan agreement from Barclays and need some advise on what to do next.

 

I have attached the agreement, but they are not in the correct order and there are duplicates of pages, Ive attached them as I have received them!!!

 

 

With the agreement there is a covering letter stating:

' We are pleased to provide you with a copy of your credit agreement and a financial statement. Sections 77 & 78 of the Consumer Credit Act 1974 (as amended) do not require Barclays Bank to provide you with a signed original form of the credit agreement and in accordance with the Act it is not the policy of Barclays Bank to provide this'.

 

Is the above statement correct? What else do I need to check within the agreement?

 

BarclaysReplypg1.jpg

BarclaysReplypg9.jpg

BarclaysReplypg8.jpg

BarclaysReplypg7.jpg

BarclaysReplypg10.jpg

BarclaysReplypg5.jpg

BarclaysReplypg4.jpg

BarclaysReplypg3.jpg

BarclaysReplypg2.jpg

BarclaysReplypg10.jpg

 

 

 

Many Thanks

Edited by tj29
Attchements Added!
Link to post
Share on other sites

Try using one of the free image hosting sites such as photobucket, you can edit on that. Unless I'm much mistaken their letter looks very good news for you indeed, but anyway post it up for the peeps to have a look.

Link to post
Share on other sites

Many thanks for your reply, I am just rescanning the doc as a word doc then I should be able to edit and upload with any chance.

 

I hope it is good news as you mentioned, fingers crossed!!!

Link to post
Share on other sites

Hi tj,

 

Have a look at the "Checking your Credit Agreement" link in my signature below.

 

I'm not sure why Miss Muppett says the letter from Barclays is good news. :confused:

 

These loan agreements from Barclays tend to be enforceable, ie they are properly executed.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Many Thanks for your reply, Ive had a look through but Im not that great at what all the jargon means, could anyone take a look for me?

Link to post
Share on other sites

Is your signature on the agreement which they sent to you.

 

Otherwise the agreement looks compliant at first glance, as it includes the APR, credit amount, manner of repaying, etc. These are the Prescribed Terms which are necessary for the agreement to be properly executed.

 

Have you missed any payments and been charged Penalty Charges at any time during the loan, or have you kept up the repayments.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites
Is your signature on the agreement which they sent to you.

 

Otherwise the agreement looks compliant at first glance, as it includes the APR, credit amount, manner of repaying, etc. These are the Prescribed Terms which are necessary for the agreement to be properly executed.

 

Have you missed any payments and been charged Penalty Charges at any time during the loan, or have you kept up the repayments.

 

:)

 

Hiya,

 

Thanks for your reply.

 

My signature is not on the agreement they sent, nor any signatures from any of the Barclays staff.

 

Ive never missed any payments nor have I received any charges during the loan.

 

Many Thanks

Link to post
Share on other sites

Hi tj,

 

Since the recent ruling in Carey v HSBC (as part of the Manchester test cases about enforceability), the banks are being tighter in NOT sending out credit agreements.

 

Until recently, the FOS would still force the banks to send out a copy of the signed original but they now appear to have changed this after Manchester.

 

If you stop paying on the basis of their failure to supply a signed (or properly executed) credit agreement, they will trash your credit rating and issue a Default Notice long before they take you to court. Only when they take court action will they produce the signed agreement, if they have it.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites
Hi tj,

 

Since the recent ruling in Carey v HSBC (as part of the Manchester test cases about enforceability), the banks are being tighter in NOT sending out credit agreements.

 

Until recently, the FOS would still force the banks to send out a copy of the signed original but they now appear to have changed this after Manchester.

 

If you stop paying on the basis of their failure to supply a signed (or properly executed) credit agreement, they will trash your credit rating and issue a Default Notice long before they take you to court. Only when they take court action will they produce the signed agreement, if they have it.

 

So what do you suggest?

Do I send another letter stating I would like a signed credit agreement or stop paying risk my credit rating and hope that they do not have a signed agreement?

Link to post
Share on other sites

Hi tj,

 

It would help us to advise you if we know what YOU want to achieve here.

 

Are you struggling to repay the loan or just looking to see if it is enforceable.

 

Getting a court to rule a debt as unenforceable by taking the bank to court is no longer viable.

 

But you may still be able to defend a case against you, brought by the bank, if they have no proper agreement.

 

Barclays will not readily produce the signed credit agreement but that does NOT mean they don't have one. As I said above, Barclays usually seem to have correct documents for this type of bank loan.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...