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kingofkings

Barclayloan Advice - CCA

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Hello,

 

I have recently sent a letter on behalf of my partner to gain a copy of the credit agreement for a Barclays loan that she took out when she was younger for a family friend who has never paid a penny to her for the loan so have decided to check if the rest of the loan in unenforceable if a CCA cannot be provided.

 

I sent the following letter

 

This letter is a formal request pursuant to s.77/78 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 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

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.

 

And today I received a copy of the agreement but not signed. Have I sent the wrong letter to Barclays? If so what is the next step I need to take.

 

On the copy of the agreement, there is also another page that details what has been paid so far, what is outstanding etc. , etc.

 

My partner has NEVER missed a payment on this loan so it is fully up to date, with no late charges or penalties.

 

Any advice or guidance will be gratefully received.

 

Regards,

kingofkings

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hi, can you post up a copy of the agreement?, when was it taken out? is there any ppi on this loan?

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Hi KoK's,

 

Yes, post up a copy of the agreement with personal data hidden. Even if YP's sig're is missing on THIS copy, you have little chance of the agreement being unenforceable.

 

Have you considered taken court action against the person for whom the loan was taken out. If you got a receipt for the money paid over or it was paid by cheque, court action could be simple.

 

Of course, that would still not guarantee that the person would pay you, but they'd then have a CCJ against them. If they own a property, you could put a Charging Order on it.

 

8-)


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Thanks for the response, as request I have scan, removed all Personal Information from the documents that were delivered this morning.

 

Also, attached to the back was someone else bank details which I have taken to a Barclays bank and asked them for receipt that I handed over someone else's details. I saw it as a complete breech of the Data Protection Act. but that's a different story.

 

The attached document has been saved as a PDF and can be downloaded here.

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Hi KofK's,

 

We've seen Barclayloan doc'ts like this before where they send blank copies and not the ones you actually signed. They don't have to send a copy with your sig're on it, as they said in their letter to you.

 

The loan agreement looks enforceable to me.

 

Was the PPI appropriate for your circumstances at the time. Check further on this in the PPI forum. If not appropriate or mis-sold for any reason, the PPI can be reclaimed plus interest at the contractual rate of the loan.

 

The only way to get justice in this matter would be to seek repayment from the person for whom the loan was taken, as I said above.

 

8-)


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Hi KofK's,

 

We've seen Barclayloan doc'ts like this before where they send blank copies and not the ones you actually signed. They don't have to send a copy with your sig're on it, as they said in their letter to you.

 

The loan agreement looks enforceable to me.

 

Was the PPI appropriate for your circumstances at the time. Check further on this in the PPI forum. If not appropriate or mis-sold for any reason, the PPI can be reclaimed plus interest at the contractual rate of the loan.

 

The only way to get justice in this matter would be to seek repayment from the person for whom the loan was taken, as I said above.

 

8-)

 

I am not too sure on the PPI, when I asked my partner she didn't understand what PPI was. Just said when she took out the loan she was just asked to sign the documents... She didn't have a clue at the time so she was surprised at the interest when I explained it all to her. But she has no clue what PPI was. She was only 20 at the time I believe, when the loan was accepted. It was her first loan and I believe she went in branch to apply for it but she it's that great with things so says she can't remember them evening talking about PPI.

 

What are the next steps, except obviously trying to get money out of the person she took the loan out for, originally it was for rent, it was for a family member that would let her stay at her house and repayments would be classed as rent for her living there, but 6 months later to moved to Spain so my partner was left homeless and paying off the loan. After talking about it today, my partner says that she was given £500 in September of this year as payment towards the loan and each time the family member has saved up £500 she will give it to my partner. But not too sure when the next £500 payment will be made.

 

But with the PPI what would I need for that, or is this a case where is nothing can be proven then it's a waste of time?

 

Regards,

kingofkings

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You can start a thread about this in the PPI forum.

 

If YP was self-employed or not working, those would be good grounds to contest the PPI being added to the loan.

 

Read the Stickies at the top of the forum to learn more about mis-selling, etc.

 

8-)


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