Barclays Masterloan - Enforceable Recon CCA?

[HSBCandMe]

They don't have the original CCA. 

I did CCA it some years back and they confirmed not held.

 

So they have to rely on the recon copy which, as you say, pre-loaded the interest in breach of the Act.

 

 It also does not have my address from the date the loan was taken out. 

 

If only subsections ss..5 and 6 applied. 

 

I will post up Barclays response but I suspect, that won't be triggered until they notice they aren't getting paid next month.

 

However, does the fact I've been paying them for 16+ years have any bearing?

 

You state s.127 comes to my rescue regardless, tying the court's hands.

 

On ‎04‎/‎04‎/‎2019 at 21:10, Dodgeball said:

I'm not sure what final quotation you mean?

 

from the new sourcebook  section 13.

 

(2) The firm can reconstitute a copy. It has (post #11) It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. It has, bit they added interest up front which,, as you stated above, is in breach of the CCA and renders it irredeemably unenforceable  If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy. It did supply one
(3) The terms and conditions should be those applicable at the time the agreement was executed. Who knows?  The name and address at the time of execution must be included. They use an older and subsequent address
(4) The reconstituted agreement should contain a heading prescribed by the CCA It does (see post #11) and any relevant cancellation notice. No cancellation notice, but not required as 2003 CCA. So not a prescribed term.
(5) If the reason why no copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.I do not suppose a court will believe I never signed an agreement as I have been paying them for 16+ years. I cannot recall, but doubtless there would have been a CCA I cannot imagine Barclays would have just pinged me £15K without one.

 

and

 

(5) The duty under the relevant section does not apply if no sum is, or will or may become, payable by the borrower or hirer under the agreement. This is irrespective of whether the agreement may have been terminated.  It was terminated in 2006 (if by that you mean it Defaulted?) but I have been paying them for 16 years on an AP.

 

The recon CCA was attached by me at post #11 above.

 

[Peterbard]

Yes we could do with looking at how much you have paid and when. It would be very handy you could find how much you paid before and after termination. From the balance they have given it looks like about 40 contractual payments, but of course, that is their figures.

 

Which brings me onto something I should have gone over with you as it is central to why they cannot provide a figure for the refinance.

 

you had paid

 

APR contains any costs of the loan within its calculation, ie. any costs for completion mandatory PPI etc., This is  the way it gives a true reflection of how much the loan really costs, so there is no way they can say the APR is a correct figure to use in a reconstruction.

 

They should have known the interest rate(figure without costs), this would have been on the original paperwork.

.

There is no way they can know what costs were applied. They would have to know also the exact amount. you paid.

 

In light of this, you need a description of how they calculated the amount outstanding from the first loan. (Also they mentioned a calculation so something for your CPR perhaps,)

 

This info should be included in the CCA you received(but seldom is) hence my reference to the CCA. It is something you should address with them.

 

Working with my beloved credit Union for a couple of weeks, so won't be on here so much, but anything I can do, please ask, I will get around to answering within a day or so.

[HSBCandMe]

They never sent annual statements / default statements.

 

Only the odd threat-o-gram if I missed a payment.

 

I have asked Barcalys for a calculation and raised absence of statemnets.

 

Incidentally,

I CCA'd Barclays and they have not replied

- but, oddly,most strangely,

 

they credited my current account yesterday with a mysterious "Barclaycard refund" of £1,900 odd. 

No letters, no messages just that refund. 

 

It COULD be a PPI claim on Barclaycard (although I've had no post from them recently on that either) but if it relates to the rebate on the Masterloan I will let you know!!!!

 

FYI Ignore the refund received bit in my last post:

it was for Barclaycard CC PPI (unconnected to this thread, although I had wondered).

So Red herring. 

[HSBCandMe]

By way of an update.

 

Barclays have ignored my CCA request and sent a SAR instead

- but no CCA and no statement of account for the term of the loan.

 

I placed the account in dispute.

Nothing at all received from their complaints dept. 

 

Today I received a letter from Barclays says despite “numerous” attempts to contact me (lies) they will now be passing my account to an “outside” DCA if no response within 48 hours. 

[dx100uk]

unless they sell it on you can very safety ignore the dca 

[HSBCandMe]

This arrived in the post from Barclays today.

doc10516720190702120935.pdf

[dx100uk]

said that would happen in the 1st 10 posts.

so go away off no payment till you comply

watch them sell it like hot cakes now 

[HSBCandMe]

On a practical point, when the debt gets sold on, do I have to make a fresh CCA of the DCAs each time or do I wait for a court claim and then defend on basis of no CCA?   My main concern - and also stated form post 1 - is that I've been paying the bugg*rs for 16 years.

 

...and they had of course cobbled up that dodgy recon CCA a few years back.

Edited July 2, 2019 by HSBCandMe

[AndyOrch]

And they cant issue further default notices on arrears and report it to the CRAs.

[dx100uk]

40 minutes ago, HSBCandMe said:

On a practical point, when the debt gets sold on, do I have to make a fresh CCA of the DCAs each time or do I wait for a court claim and then defend on basis of no CCA?   My main concern - and also stated form post 1 - is that I've been paying the bugg*rs for 16 years.

 

...and they had of course cobbled up that dodgy recon CCA a few years back.

yes ofcourse cca them if you get a notice of assignment from a DCA [already told you that if you re read your thread]

them when they send the same bogroll as the CCA return..

you sinply send them a copy of that Barclay letter above.

chew on that wasp mr dca...

 

[HSBCandMe]

Hi DX. Assignment letter received today, attached. 

Moorcroft Assgt..pdf

[HSBCandMe]

...and when they send their hello letter, will this response to Moroncroft do the trick?

 

Moorcroft                                                                            

PO Box No. 17

2 Spring Gardens

STOCKPORT

SK1 4AJ                                                         

RECORDED POST

 

 

Dear Debt Collectors,

 

Your Ref:

Ref: Barclays Bank Plc

FCA Complaint Ref:

 

I write further to your letter.

 

I attach a copy of a letter received from Barclays (“your Customer”) dated 28 June, the contents of which are self-explanatory. The alleged debt is unenforceable.

 

I would also draw your attention to the fact that the account is presently the subject of a complaint. It is also in formal dispute. Indeed, I am owed money by your Customer. I refer you to the Financial Conduct Authority’s reference (above), who are looking into a possible fraudulent attempt by your Customer at reconstructing a credit agreement a few years ago.

 

As far as I am aware, in pursuing recovery, you and your Customer are both in breach of the Consumer Credit sourcebook (CONC), which expects you to adhere to the rules set out in CONC 7.3, in relation to the fair treatment of customers in default.

 

I also refer you to Principles 3 and 4 of the Credit Services Association Code of Practice, with which you do not appear to be familiar.  I therefore enclose copies of those Principles for your own interval training purposes.  

 

I would remind you that any further contact from you will amount to harassment.

 

Yours faithfully,

 

&tc.

 

Edited July 10, 2019 by HSBCandMe

[dx100uk]

not sold

what did i say about moorcroft

[HSBCandMe]

That I can safely ignore it until they sell it on

[dx100uk]

thats not a NOE.

[HSBCandMe]

NOA?  So, I save the above draft for the DCA they sell it on to?  

 

Barclays don't do court, right?

[dx100uk]

you called moorcrofts letter a Notice Of Assignment

it not

doesn't say that at all.

OC's don't do court no.

 

dx

 

[HSBCandMe]

Ok, then I will go to ground until Moorcroft go

Edited July 10, 2019 by dx100uk
please dont swear

[HSBCandMe]

Hello Letter received from Moorcroft today.

[HSBCandMe]

Hopefully its ok to keep a sort of debt diary here.

 

Another chaser from Moorcroft and an odd letter received yesterday direct from Barclaycard referring to a repayment settlement offer (?) I had apparently made to them (which I haven't) stating they will be back in touch once they've considered it.   Any idea what Barclaycard are playing at?

 

Also barclaycard tried speaking to me on the phone today, a voicemail said they were responding to my complaint lol 

 

[dx100uk]

ignore writing only

[HSBCandMe]

Letter in post today from barclayloan (not moorcroft) saying they are now going to commence  charging interest and late payment fees on the balance. And reporting to CRAs. 

Edited August 21, 2019 by HSBCandMe

[dx100uk]

Stuff all matters

its already been defaulted years ago can't return

no cca ...what they add is immaterial

[HSBCandMe]

This will be the 3rd time Barclays have filed a default for this loan with the CRAs. The last 2 attempts were outside the 6 years. Looks like I have to battle them again over that. Takes ages. 

[HSBCandMe]

Letter from barclays on saturday saying wescot will be managing account on their behalf.  What became of moorcroft.  

 

Texts today from wescot. Withheld number so unable to block.

 

Ignoring everything.  

Edited August 27, 2019 by HSBCandMe