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    • I don't have any doubts but that if they have breach the contract then they must leave you in the position that you would have been if the breach hadn't occurred. This means that the very least that you shouldn't be out of pocket at all – and in fact if you incurred extra losses having to remedy their breach – by making other arrangements then I think you should be entitled to this as well.
    • On a side note -  I expect Barclays to extend the contact time to the week after. Only because your case isnt a simple one to deal with and they may have to do further investigation.  Let us know what the Adjudicator says... Remember this - The FOS in recent memory have become a dog with no teeth...  
    • CCA is not re-setting the date it is a right?   no CRA showing how can they report a non existent account which is not showing, pay them and if it was then it would just show partially settled and still be there killing your score for 6 years letters may this/that and the other are just threatograms used by the office junkie, Cabot know this,  sit on your hands and stop seeing what is not there"!  Statute Barred is Final end of sure Dx  will respond as well
    • I booked a one way flight online for my wife and I with Ryanair in December '19 for a flight from Spain to UK in August '20. The flight confirmation showed that the cost of the flight was €145.68 and that my card had been debited £133.01.  I don't recall being given the option of choosing to pay in euros or GBP but it is possible that I was.   On 5/2/20 they contacted me to advise that "Due to the non-delivery of the Boeing Max aircraft this summer, please be advised that there has been a significant time change to your Ryanair booking". It was in fact much more than a significant change in that it was a cancellation of a flight on that day from that airport which had been tailored to fit our preceding travel plans so I just asked for a refund, as I could not find a suitable alternative with Ryanair.   The refund was processed and Ryanair sent me an email stating, "We confirm that your refund request has been processed back to the form of payment used to pay for your booking. Your issuing bank will take 5-7 working days to process this refund amount back to your account. The amount refunded to your credit/debit card is GBP 133.01"  When I checked my bank account I saw that they had refunded me €145.68 which when exchanged left me £119.58 leaving me £13.43 out of pocket.  On contacting Ryanair they said it was my bank's fault and not theirs as they refunded the full amount paid.  My bank advised that Ryanair debited my account originally in GBP therefore they should have refunded this amount in GBP.   I made an official complaint to Ryanair which they have rejected stating that I was in breach of their General Conditions of Carriage by not selecting the correct payment option.  I feel that because they did a currency conversion on payment and debited my account in GBP that they should have refunded the GBP amount that they took.   I also wonder how many others has this happened to and I smell a large rat. Could anyone offer any views on this, and/or if I have any comeback and where I could take it please?
    • So I received a further letter and a phone call from Ruthbridge yesterday offering a 70% discount and through a lot of waffle go on to say verbatim (I hung up the phone without admitting who I am):   "If you fail to contact us... we may return the account to our client (cabot?) who may look at alternative activity"   I'm guessing they know it's SB then as there is no reference to court, however they do state that the credit reference agencies will be updated to reflect "partially settled" should I take advantage of their offer - there is no HSBC/Cabot/Ruthbridge account showing on any of my credit reports.   DX apologies if you take it as I am being difficult or dim, however I remain concerned that the CCA request does not contain the words "I do not acknowledge any debt" or similar and because only a debtor can apply for the CCA (as I'm led to believe) then sending for this in 2015 has reset the date of acknowledgement of the debt - has this ever been used by a DCA as an acknowledgement of the debt?   Furthermore with the 2015 letters and 2020 letter having completely different amounts allegedly owed and reference numbers that differ from the original letters from Cabot and the CCA supplied back in 2016 this is giving me a further level of concern over the best course of action.
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HSBCandMe

Barclays Masterloan - Enforceable Recon CCA?

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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.

 

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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.

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DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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. 

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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. 

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

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please don't hit Quote...just type we know what we said earlier..

 

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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 

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please don't hit Quote...just type we know what we said earlier..

 

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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 by HSBCandMe

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

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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...

 

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please don't hit Quote...just type we know what we said earlier..

 

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...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 by HSBCandMe

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not sold

what did i say about moorcroft


please don't hit Quote...just type we know what we said earlier..

 

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That I can safely ignore it until they sell it on

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thats not a NOE.


please don't hit Quote...just type we know what we said earlier..

 

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

 

Barclays don't do court, right?

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you called moorcrofts letter a Notice Of Assignment

it not

doesn't say that at all.

OC's don't do court no.

 

dx

 

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please don't hit Quote...just type we know what we said earlier..

 

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Ok, then I will go to ground until Moorcroft go

Edited by dx100uk
please dont swear

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Hello Letter received from Moorcroft today.

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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 

 

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ignore writing only

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please don't hit Quote...just type we know what we said earlier..

 

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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 by HSBCandMe

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Stuff all matters

its already been defaulted years ago can't return

no cca ...what they add is immaterial

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please don't hit Quote...just type we know what we said earlier..

 

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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. 

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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 by HSBCandMe

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