Old loans help!

[blissfull5]

Hi all,just need a bit of advise please.

 

I have 2 old loans ( from 1990s with barclays) which i defaulted on through no fault of my own,

I am still paying for them through payplan.

 

As i lost the documents for these loans i sent off £1 with a letter asking for copies of documents.

I sent the letter on the 15th august 2012 by recorded delivery.

 

After checking with the post office barclays received the letter on the 17th.

 

The thing is i havnt received anything back from them yet(its longer then 12 days).

 

Shall i phone them and ask what the delay is or shall i leave it a few more days or shall i send a letter of complaint.

[dx100uk]

failure to comply letter in the library

 

dx

[slick132]

Hi Blissful and welcome to CAG

 

Calling any bank is a waste of time - you need everything in writing so you have a good papertrail. This may be needed if you come to take court action or raise complaints against the bank.

 

The bank has 12 normal days plus 2 working days for delivery, to reply to a CCA request. So in theory, they should have replied to you by 29th August.

 

Allow time for delivery, plus the fact that such old documents may take time to locate, if indeed they can be located at all.

 

Are you trying to get the Loan Agreements to:-

 

1. Challenge the enforceability of the debts.

 

2. See if there was any PPI on the loans that was missold, inappropriate or otherwise reclaimable.

 

3. See if there are any penalty charges on the accounts which can be reclaimed with compound interest.

 

[blissfull5]

Hi Blissful and welcome to CAG

 

Calling any bank is a waste of time - you need everything in writing so you have a good papertrail. This may be needed if you come to take court action or raise complaints against the bank.

 

The bank has 12 normal days plus 2 working days for delivery, to reply to a CCA request. So in theory, they should have replied to you by 29th August.

 

Allow time for delivery, plus the fact that such old documents may take time to locate, if indeed they can be located at all.

 

Are you trying to get the Loan Agreements to:-

 

1. Challenge the enforceability of the debts.

 

2. See if there was any PPI on the loans that was missold, inappropriate or otherwise reclaimable.

 

3. See if there are any penalty charges on the accounts which can be reclaimed with compound interest.

 

Hi slick 132 and thank you. I called Barclays today at one of their branches,(Ive only just got back and read your post). They said they hadnt received the letter but they will send the documents in 2weeks, I told them they did receive it as it was recorded delivery and it was received on the 17/8/12 at 951am and the signature was someone called chris,(he seemed quite suprised that i had this info)he said he will look into it. anyway i took his name and have logged the time and date of the call.

Yes i want the agreements to see if i can get ppi,penalty charges and challenge the enforceability.

[slick132]

Hi Blissful,

 

Did you use a CCA request letter from our Library - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

Do you have any or all of your a/c statements showing PPI and Penalty Charges. If not, you should request these using a SAR which is also in the Library and will cost you £10. This will cover all data that Barclays have about you, so you don't need to send more than one request.

 

[blissfull5]

HI slick132, I only have the account numbers,i dont have any statements. No this is what i wrote;

I am writing to request a copy of the credit agreement for the above accounts under sections 77−79 of the Consumer Credit Act 1974. I enclose payment for £1. I would also like to request a copy of the terms and conditions that were applicable to the above accounts at the time I took out my agreement, as I no longer have a copy and would like to check some of the details.

I look forward to a response within 12 working days.

Yours sincerely.

 

Is this any good?

Ill see if they send me anything in the 2 weeks they said, if not ill request a sar

[slick132]

Hi BF,

 

So we can consider your case as a whole, can you confirm approx when:-

 

1. The a/c fell into arrears as you could no longer make the normal required payments.

 

2. You started paying nominal amounts through PayPlan.

 

Your CCA request letter looks fine although you'd normally send one per loan a/c. See how they respond.

 

[blissfull5]

Hi BF,

 

So we can consider your case as a whole, can you confirm approx when:-

 

1. The a/c fell into arrears as you could no longer make the normal required payments.

 

2. You started paying nominal amounts through PayPlan.

 

Your CCA request letter looks fine although you'd normally send one per loan a/c. See how they respond.

 

Hi im not sure of the date it must have been the late 1990s.

I started paying with BAINES & ERNST to start and changed to payplan a couple of years ago.

[slick132]

Hopefully, when they reply to the CCA request, they'll also supply a statement of account which should give you an idea of what you still owe.

 

Sounds to me like you could end up paying this off forever so perhaps it's time to get the bank to give you proper info on what you've paid and what you still owe.

 

Do you have ANY paperwork recently to say what you owe.

 

[blissfull5]

Hopefully, when they reply to the CCA request, they'll also supply a statement of account which should give you an idea of what you still owe.

 

Sounds to me like you could end up paying this off forever so perhaps it's time to get the bank to give you proper info on what you've paid and what you still owe.

 

Do you have ANY paperwork recently to say what you owe.

 

Hi i normally phone payplan every few months and at the moment its around £9500 i pay £100 per month. when i first left ex i owed round about £18,000

[blissfull5]

Just an update. I received a letter from Barclays, Manchester 51 mosley street, and i have to yet again go into the nearest branch and update my signature and address.Ive already sent two letters updating my name address and signature,with copies of marriage certificate and decree absolute:-x. The letter says "once our records have been updated, please resubmit the request to the above address. We will then action accordingly". Im not giving up with this, Back to the bank tomorrow then!!!!!!

[slick132]

Hi Blissful,

 

Well done for sticking with it !!

 

[blissfull5]

OK so i went to the bank and they changed my name and address,

but they couldnt change my signature as there are no account numbers,

i dont bank with barclays any more.

 

The assisstant said she will write me a cover letter and i will have to write to them again explaining the situation.

 

She evan tried to phone them but couldnt as you need a account number and sort code.

 

she wrote me the letter and now im just about to type up a letter to send off.

 

I was thinking earlier why do they need an update of signature ?

 

when i moved they didnt ask for a signature then!

 

And if i send my new signature they could scan,copy n paste onto other documents or am i just being too cautious?

[slick132]

You said earlier that you DO have the a/c number.

 

Did this not help, perhaps because it's an old a/c and not bringing up data that's accessible now.

 

I'd just sign and send it and not worry about them "lifting" the signature. They can hardly use your new signature on a document relating to years back when I assume your name was different.

 

[blissfull5]

I have account numbers for the loans but the assisstant needed account numbers for an ordinary bank account. she put in the computer the acc numbers i have and nothing came up.sorry for the confusion.

[blissfull5]

hi all just writing the letter for change of signature does this sound ok;

 

Dear Ms Power

 

R.E Change of Name,Address & Signature

 

On the 13 September I went in to Barclays Bank in Basildon Town Square

and changed my name and address as asked in your letter dated 06 september 2012,

 

but was unable to change the signature as I no longer have a bank account with Barclays.

 

The assisstant that I saw was ...... she has written you a letter (enclosed) explaining why she could

not change the signature. I enclose a copy of my Decree Absolute and a copy of my new

Marriage certificate and a copy of my drivers licence. This should be sufficient evidence

in my change of signature.

[slick132]

Looks fine but I would add to the letter saying:-

 

I assume you are now able to deal with my request made in accordance with the Consumer Credit Act 1974, dated 15th August.

 

I enclose a copy of the letter for ease of reference and look forward to your response within 12 days as required.

 

[blissfull5]

HI slick132 i added this to the letter and posted yesterday Thank you, will see what they send back.

[slick132]

Hi BF,

 

By the way, the 12 normal days is how long they have to reply, after allowing 2 working days for delivery.

 

[blissfull5]

Hi all just an update, hav'nt heard anything from Barclays yet ,they havnt evan cashed the cheque i sent them.Ill give them till next wednesday then ill be sending a complaint in:-)

[blissfull5]

Hi all,

 

Right as i hadnt heard anything from barclays

 

i phoned the debt collection department and he said they do not have a copy of the loan agreements

and that they only keep them on file for 6 years

but they will send me copies of all the statements they have,

 

they didnt cash the £1 cheque i sent them either.

 

So my question now is do i still have to pay?

 

and can i still get the ppi back?

[slick132]

Hi BF,

 

I'm afraid nothing has been gained by you speaking to them.

 

You need their written reply to your CCA request. Give them a few more days to see if they send you a letter.

 

If nothing comes, the a/c will be in dispute due to their failure to comply with your request.

 

If they send you statements, that'll be a bonus but IF can be a very big word !

 

If you want statements from them, you may have to send off a SAR with the £10 fee.

 

[dx100uk]

have you ever sent the failure to comply for the CCA's?

 

if not do so

 

then you are quite within your right to withold payments

 

and yes you can still get the PPI back.

 

dx

[blissfull5]

Hi.

 

Ive just received a copy of both the agreements and it says ;

 

"We are pleased to provide you with a reconstituted copy of your agreement and a financial statement.

sections 77 and 78 of the consumer credit act 1974 (as amended) do not require

barclays bank to provide you with a copy of the signed original form of the credit agreement

and in accordence with the act it is not the policy of barclays bank to provide this."

 

its also got "the total sum already paid by you under the agreement is £xxxxxx.

 

the total sum which has already become payable under the agreement by you

but remains unpaid (i.e. currently in arrears )is £xxxxxx

being the full balance now owing under the agreement and previously demanded of you with interest to the date of this letter.

 

The total sum which is to become payable under the agreement by you is interest upon the balance of the sum

referred to at paragraph 2 from time to time outstanding until it is repaid in full."

 

This has confused me

are they going to start charging interest?

 

The agreement they sent has no signatures on it and the branch address is wrong

and theyve put my new married name on one of them and not my old married name.

[blissfull5]

P.S. Where are the PPI claim forms on here :-Dx