Jump to content


BPF unsigned credit agreement and unsigned direct debit. ***Received Full payment***


Its WAR
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 131 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am Power of Attorney for my uncle.

He bought a car which was financed through Barclays Partner finance.

I sent them a Subject Access Request to obtain copies of contract and statement of payments. 

It arrived (a month late).

 

He had a 49 month agreement with 48 monthly payments and one final balloon payment.

It has 8 months to go.

If he makes the balloon payment he keeps the car, if he does not pay he can return the car. It is worth keeping the car.

 

The problem is the credit agreement and the direct debit are both un-signed.

I had expected to see accurate documents and settle the account in full rather than have him continue paying 11% apr.

 

What effect does the unsigned documents have?  

Is there an argument to suggest I make a lower payment in full and final settlement (maybe deduct the interest), or do I pretend he signed the agreement and direct debit and finish paying according to the agreement?

 

Is it standard practice that  signatures are deleted when replying to an SAR?

In this case they are not blacked out, the signature boxes are all blank.

Its WAR

Link to post
Share on other sites

an sar does not have to contain any agreements...signed or otherwise.

thats what a CCA request is for, however, with the CCA revision re recon changes in 2006/7 , that neither has to contain a signature

 

i see no real prospect of anything here other than unnecessary grief

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thx DX.

It seems odd that a copy of a credit agreement and direct debit forms are supplied in response to an SAR, but they lack signatures.

 

Do I assume if I did a CCA the contract might also be unsigned?

 

The thing is, I did an SAR against Sky TV and that too contained an unsigned direct debit mandate and because of which, I reclaimed under the dd indemnity.

 

I don't think that is appropriate here, but why are these docs unsigned?

Its WAR

Link to post
Share on other sites

historically barclays rarely ever return any signed documents whatever request is made and never have.

even for court cases raised by debt buyers...which is why so many hoist ex barclaycard court claims fail them..:pound:

 

the sky issue was a contract issue viz..no usage for many years follow a fault

this is a regulated consumer credit agreement...don't go there...

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

But how can Barclays send me an unsigned one...........unless it was never signed in the first place? How did they process the direct debit if it too is unsigned?

Edited by Its WAR

Its WAR

Link to post
Share on other sites

because there is no legal remit that they must send a signed DD mandate one nor keep the signed one.

the agreement is covered by the consumer credit act

 

sadly with the CCA being involved here, unlike, sky, homeserve, tv licence etc, there can be no dispute that one wasn't signed and we are some 4yrs down the line without a dispute concerning the overall agreement itself.

gotta admit though, i'm proud of how well you've done to now with our help, shows whaT CAN BE DONE (opps caps)

by a tenacious person with lots of savvy. hats off to you

 

pers i'd keep the car till he owns it and use it yourself or sell it

that will offset 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thx DX. I agree. We can settle the finance agreement, clear the debt and sell the car. We Buy Any Car have suggested a value that makes it £1000 more than just returning the car. I still don't understand how Barclays don't have a signed agreement or direct debit, and just sent us unsigned ones. 

 

Its WAR

Link to post
Share on other sites

as i said above.

under an SAR they don't have too 

and even under a CCA request, Barclays rarely send anything with any signatures on them.

it's simply the way they have always defined such requests.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

for 99.9% of CCA agreements and things signed since the 2006 CCA changes regarding producing recons, which became effective after apr 2007, they appear to simply reconstruct without bothering to waste money searching archives .

 

i don't think even in DCA court claims on assigned Barclay debts, we have ever seen a signed agreement .

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 months later...

Eventually, they sent the info.

We negotiated a settlement and paid the balance.

 

As a gesture of goodwill Barclays Partner Finance offered a further £250 gesture.

It never came.

 

I have written more letters and issued a Notice before Action, all again have been ignored. I am now issuing a summons for the £250.

 

But who do I sue?

Barclays Partner Finance at their Cardiff Head Office address or (because that is a trading name, do I issue against  Clydesdale Bank who own them,  or  Barclays Plc  who is the owner of all the companies in their group ?

 

Its WAR

Link to post
Share on other sites

Who and where did you write to threatening court action.

 

Did they write offering the £250 GoG. If so, what exactly did they say.

 

Or was it a phone call ?

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

The notice before action was addressed  to Stuart Muir at BPF. The offer, "Due to the distress and inconvenience you have faced and as way of apology, I have arranged for a cheque for £250 to be issued to you" was written to me by Stuart Muir of BPF.

 

Its WAR

Link to post
Share on other sites

Did you write to Stuart Muir threatening court action by posted letter or email.

 

Please confirm exactly what you said to BPF in the letter threatening court action. Hide any identifiers.

 

When did they write offering you the £250 compo.

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

BPF made the offer on 4 Dec. I issued the NBA 18 Feb by signed for post. Dear Mr Muir, It seems you are again ignoring my correspondence (copies enclosed). I Now intend to issue proceedings in the County Court to recover the sums due, along with interest and costs. In order to avoid this action, please forward the sum of £250 as agreed in the correspondence, before 3 March 2021. Proceedings will commence on 3 March 2021 if payment has not been received by me prior to that date. Yours sincerely.

Its WAR

Link to post
Share on other sites

Do I gather that you threatened somebody with legal action on 3 March if they didn't comply with your request – and that they didn't reply – and that you didn't issue proceedings as promised?

Link to post
Share on other sites

Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.

 

Its WAR

Link to post
Share on other sites

Well I'm just butting in on this thread and I don't really know at all what's going on – but what I am certain of is that if you decide to take a legal action against somebody – it means that you have a plan to do so. This means that you understand the route, the threat you are going to make, what you are asking for, and when the deadline for the threat has expired then issue the action – no delays, no discussion – nothing.

So I understand here that you not even sure who you are going to sue.
This means that effectively you may not even have sent your letter of claim to the correct party.

Link to post
Share on other sites

Exactly BF. Barclays Partner Finance at their Head Office are the people I would expect to issue to. But I am asking here whether anybody thinks I should actually be issuing to them or to the parent bank (Clydesdale who own BPF, or Barclays who own Clydesdale? 

Its WAR

Link to post
Share on other sites

......... and I'll see if we can get back to you with a definative answer to who you need to sue.

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

What name(s) and address did you use when you sent the threat of court action. 

 

If you have a copy of the credit agreement, what does it say at the bottom - maybe  :-

 

Barclays Bank PLC t/a BPF, or 

 

Cydesdale Financial Services Ltd t/a BPF

 

Let us know.

 

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

I received a very subtle nudge from my site team colleague that I was a bit short when commenting on the lack of a litigation plan here.
He was right.I'm sorry.

However, it's very important that one has one's ducks lined up before one starts firing off letters.

Surely the people to sue are the people who made you the promise and then broke it? If you received the promise from BPF then I'm not too sure why there should be any question about it – although as I said earlier, I only butted into this thread and I'm afraid are not familiar with it and don't really understand what is going on

Link to post
Share on other sites

Thx BF. The thing is, your advise is spot on and valued. The point about not threatening to sue unless you intend to do so, has been well made on many posts and I am sure most of us have taken that on board. Often your posts do not beat around the bush and it gives you an online personality. Certainly no offence is taken, indeed when I read similar phrases on your  other posts , it makes me smile. I would say though, this particular issue (which address to serve) is often a difficult question to answer. In my recent claim against the BBC, I was unsure whether to sue Capita (the people the BBC employ manage the TV license) or the BBC. So you are right to say it, we should answer that question early in the process and get our ducks lined up. Although I would say, I had never really expected to have to answer that question for this £250 and it only came to mind as I sat down on the allotted date to actually start the claim (so I was trying to behave myself).

 

Answering Slick's question: The paperwork says " Barclays Partner Services is a trading name of Clydesdale Financial Services Limited, a member of the Barclays Group".  They all  have the same  head office address (1 Churchill Place, London), although they have different correspondence addresses. I have been using BPF address in Cardiff and their correspondence to me is letter headed the same.

 

  • Thanks 1

Its WAR

Link to post
Share on other sites

5 minutes ago, Its WAR said:

Thx BF. The thing is, your advise is spot on and valued. The point about not threatening to sue unless you intend to do so, has been well made on many posts and I am sure most of us have taken that on board. Often your posts do not beat around the bush and it gives you an online personality. Certainly no offence is taken, indeed when I read similar phrases on your  other posts ,

 

 

OMG - I can just feel the love 😘  😃

Link to post
Share on other sites

Quote

As a gesture of goodwill Barclays Partner Finance offered a further £250 gesture.

It never came.

 

 

And you have checked your fathers account to see its not been credited there...or credited against your final settlement figure ?

 

I know they said they would issue a cheque...but you never know worth a check.

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Andyorch changed the title to BPF unsigned credit agreement and unsigned direct debit. ***Received Full payment***
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...