Sorting girl friends life out

[kommisar89]

Hi guys

Help please. i have tried reading the forums and i have a limited grasp on whats going on but as they say, a little knowledge is a dangerous thing.

 

I am trying to sort my Gf's financial mess out. (she screwed over by ex husband)

 

I recently sent off CCA requests to Barclaycard and HSBC (no replies yet).

 

BC have responded stating they accept that as they are unable to provide a copy of the CCA they are unable to enforce the agreement. They quote Carey v HSBC as to why they believe that their rights continue and she should carry on paying. They reserve the right to report to credit reference companies without telling them its unenforceable and instructing 3rd parties to demand payment. They refer to McGuffick v RBS 2009 to prove that these steps dont count as enforcement!!

 

Worth noting that her statements show a 'payment break plan' that she has no idea about. She doesnt recall ever agreeing to this. £24.95pm!!!! Could this be mis -selling?

 

So now what? Any help would be more than welcome

 

Thanks in anticipation

[kommisar89]

I should have pointed out that BC included a copy of a 'reply card' alledgedly signed by my gf going back over 10 years ago. The copy forms part of a larger document but they have not copied the rest of it, just the bottom section.

[kommisar89]

Shame. I was hoping for some help:-( ah well

[slick132]

Hi Kommisar,

 

As BC have admitted they don't have the Credit Agreement, they should be unable to have the debt enforced in court - ie get a CCJ for the a/c balance.

 

However, they will still seek payment and place adverse credit markers with the CRA's.

 

The only way this would be tested in court would be if BC or their DCA takes court action, which is rare. You would be unwise to seek a ruling of unenforceability as the Claimant or Applicant in court proceedings after the Carey case.

 

Have you checked for penalty charges on the a/c as these can be reclaimed in full with compound interest.

 

Re the Pay't Break Plan, £25 a month is a lot. Do you think this was added to the a/c without your GF's knowledge by BC. If so, write to them and ask for proof that your GF asked for, or agreed, to this. If they have no such proof, seek a full refund of this item.

 

Do you have all the old statements for the a/c going back at least 6 years. If not, get them using the SAR from the Bank Templates Library.

 

8)

[kommisar89]

Slick, thank you so much for taking the time. was getting worried there. i will act on yr advise and post accordingly. Any other input is very very greatfully received.

[kommisar89]

She has no knowledge of asking for this cover so I will request proof. Do they have a time limit to respond to this? I will request the full statements as I can only find 18 months or so. My gf has tried to keep paying on time so I dont know if there are any penalties. Would they be for missed payments etc? Thank you for taking the time to respond

[slick132]

Sorry for the delay but I have many threads which I work my way through in the evening.

 

BC Penalty Charges are made for late payment fees, missed payment fees and over-limit fees. They were £15 to £20 until they reduced to £12 in recent years. The penalties are reclaimable in full plus interest.

 

If you write asking for evidence that your GF consented to the Pay't Break Plan, there is no time limit by which they must respond. However, ask for their response within 14 days, then send a reminder. If they fail to respond adequately proving YGF consented to the PBP charges, you can take court action to recover the charges plus interest.

 

If you send them a SAR to get the a/c statements, they have 40 days to respond.

 

[kommisar89]

Sorry to be a nuisance and apologies if this appears stupid. The Barclaycard debt appears to be unenforceable and we intend to ignore any requests to pay up.

Does this mean we should not attempt to claim back the 'payment break insurance' premiums my gf has been paying on this card, which we believe to have been mis-sold? I.e the agreement is unenforceable on both sides

Thanks in anticipation

[slick132]

Hi Kommisar - your Q's are neither a nuisance nor stupid.

 

How you deal with the moral issue about the BC a/c is your prerogative. Just be aware that BC could still take court action or sell the debt, particularly if they find the credit agreement.

 

You are fully entitled to claim back the Pay't Break Ins'ce and any penalty charges, plus interest on both. If you take court action to do this, you may get the pay't made to you direct. Or you could choose to have they refunds set against the a/c balance to reduce the debt.

 

If you claim interest in restitution compounded at the bank's contractual rate, BC will not normally repay this, forcing you to take court action if you want it.

 

If BC agree to refund any amounts voluntarily, they will set such refunds against the outstanding a/c balance.

 

8-)