Barclays loan...westcot?..Arvato?

[bigman21]

Hi all,

I had a personal loan for 10k with Barclays.

I fell into arrears and Barclays said that Westcot credit services were now handling it on their behalf.

The balance outstanding is £5900.

 

I spoke to a lady from westcot and she agreed to a £60 /month payment from me.

At the time i felt this was affordable.

But after working out my finances i decided that a standing order for £30 a month was all i could afford. Ive paid two instalments of this to westcot.

 

Then, i received a letter and texts from Arvato debt collecting agency saying they are acting for Barclays and for me to get in touch asap??

The balance they say i owe is still £5900 and no mention of my 2 payments to westcot.??

I havent yet replied to this Arvato outfit.

 

Now it gets weird. I have recieved a letter from Barclays themselves saying that they apologise but " there's been a breech of the cca act by themselves and they have wrongly overcharged me interest that they were not entitled to?

 

The result of which is my outstanding balance is in fact a now reduced £5100.

They advise that because of their mistake, they will not be ever persuing the debt via any court system and that a copy of the same letter will be sent to any collection agencies acting for them (God knows if its westcot or now Arvato) 

 

But, i stil get letters from Arvato saying outsatnding balance of £5,900 is outsatnding for their client Barclays?

Barclays say if i do not pay any agreed insallments to any debt agencies then it may  still be recorded on any credit agencies files etc?

 

My question is...

as Barclays admit they made a mistake...and its not enforcing it in any courts etc...should i contact this Arvato and say its not enforceable??

Or should i say i will pay them the £30 a month i started to pay to the original westcot credt services??...

 

How can 2 agencies be dealing with it?...

Or shall i make it clear the letter from barclays saying they messed up and seeing as at no point do they intend going through courts ...

should i just not pay these debt collectors??

 

thanks

[Andyorch]

Pay Barclays direct and cut out the ambulance chasers...you have seen first hand they cant operate efficiently and cant be trusted with your payments.

 

Ignore the ambulance chasers

 

Andy

[bigman21]

Thanks Andy, how can i pay Barclays direct if they have passed it onto Arvato...or westcot.?..(or both at various stages apparently?).  And as for Barclays saying because of their own mistake /breech of cca rules etc, they would never take it to court...have they just off loaded it to these stupid debt collecting idiots/

[dx100uk]

ignore powerless dca's 

they have zero legal powers

they are not bailiffs

and stop ringing them!

 

simply use the old DD info you must have for Barclays and use BACS transfer from your banks interweb portal.

 

 

[bigman21]

Thanks for your advice, it was just a bit confusing as Barclays wrote saying these DCA's were now handling the loan on their behalf? 

I will continue to ignore these Arvato clowns....block their number etc.

 

I will try pay Barclays direct my offer of reduced payment...

(but after Barclays themselves admitted they would never take the matter to court because of their mistake violating cca with wrongful interest, i was half tempted to pay nothing to anyone !)

 

Thanks again.

[Andyorch]

This been defaulted yet...appears on your credit files ?

[dx100uk]

I will guess this is because barclays didn't send Notice of Sums in arrears letters.??

 

if the creditor fails to provide a notice of sums in arrears when required to do so,

 

then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

 

In addition,

The debtor is not liable to pay any interest that relates to the period of the creditors failure to supply

…..

 

are you sure Barclays are saying they would never, or it as above?

[bigman21]

Not sure Andyorch..and dx100uk ..

 

All i've had was letters off barclays saying firstly this mystery Westcot services (who i made 2x £30 stabding order to) were handling the loan account...

 

.then another from them saying Arvento are handling it..

..no mention of wescot now (or any of my payments to wescot).....

 

then out of the blue a legitimate letter from Barclays saying they apologise as they have breeched cca rules by overcharging me interest during a certain period that they weren't entitled to do...they said the balance now 5100, instead of 5900....and because of this cock up they wouldn't ever take me to court over the account etc.....

 

but please bear in mind that if "any outside DCA is acting on their behalf then any non payments would still maybe  recorded on credit report etc?? So i wasnt sure if id be better paying nominal £30 to the DCA or just say to them its not enforceable (barclays also said a copy of same letter regarding their cock up would be sent to any DCA)...or should pay Barclays direct...or ignore all if no court action vever coming from Barclays?....DCA cant take me to court if Barclays wont?...Many thanks

[dx100uk]

I think you need to read the Barclays letter carefully

or 

scan it up to PDF

read upload

[Andyorch]

DCAs cant litigate anyway until the debt has been assigned to them.....Barclays are the still the owners and the ambulance chasers you refer to dont buy debts or do court..The reduction of interest was connected to a lack of Notice of Sums in Arrears...quite a few Banks had to credit their customers because they failed to adhere to the changes in the CCA 2006 amendments.

 

If its already been defaulted and not showing on your CRAs...and I assume it must have been defaulted because of the Notice of Sums in Arrears adjustment..I would be tempted to stop all payments together after requesting a copy of the agreement vis a section 77

[bigman21]

Thanks people...i will read the letter again and try upload it when i can....Im pretty sure it must have been defaulted etc and yes they have altered the amount owing by about £800 saying that it was an error on their part due to charging interest during a period they shouldnt have?...and as a result woulnt go down court route ever. But i should still pay any outside agency acting for them as it will affect my credit report if i didnt?? Who do i request a copy of agreement via a sect 77? thanks....if i can get out of this due to an error by them then that would be great as im pretty sure my credit files will be rubbish already because of all this. thanks

[Andyorch]

Cant affect your credit files if its already been and gone after 6 years.Section 77 goes to Barclays...template can be found in our Library.

 

 

Andy

[bigman21]

Thanks i will download and send it off ...hopefully they wont produce one or if they did, surely its void after them braking the rules over charging interest they werent entitled to?...which they admit theyve done.....i shall just ignore and not pay any of the 2 useless debt agencies acting for Barclays??...thanks.

[dx100uk]

'you should never blindly pay DCA's on any debt regardless!!

 

no the CCA is not voided by them charging you interest without send NOSIA letters..only during the period of their failure.

however I like andyorch's response..ignore them all stop paying anyone

IF that IS what the Barclays letter actually say..they cant now use court..pers I doubt it says that. but as above.

 

dx

 

 

[bigman21]

thanks dx i shall stop paying anything....and let u know exactly what it says on letter and hope u can then advise....many thanks

[bigman21]

Hi , this is what the letter from Barclays said, admitting their mistake etc....

 

 ""we have discvovered that following changes to the CCA in 2008, we inadvertently sent a number of customers incorrect information about their loan and in some cases did not send info we should have.

 

According to the CCA, we are not entitled to change interest from the time of the initial issue until the day we corrected it.

Your loan was one of those affected.

please accept our apologies for this.

 

as we continued to charge interest after the issue occurred , we need to refund this.

£5,792

less refund £607

balance 5,184

 

this refund has now been applied , no payment will be sent to you and there is still a sum outstanding.

 

As a result of the issue your loan agreement is unforceable under the CCA.

This means that we wont take any court action relating to this loan, but it is still a debt you owe us.

 

we will continue to inform credit agencies that the debit is outstanding and it may hinder you in borrowing money if u dont repay the loan.

 

where relevant, we will update your credit file with details of this refund.

details about the account including the amount still outstanding will remain for 6 years.

 

where a debt collection agent has been acting on our behalf, they will be told about the new balance on the account. 

 

So, shall i pay the affordable amount to this Arvato agency?

who act on their behalf....or try pay barclays?...

or ignore it as unenforceable?

 

Many thanks

 

[Andyorch]

Ignore it...stop any payment...but retain all paperwork for future.

[dx100uk]

nice one!!

[bigman21]

Thanks guys, so what you both saying is that Barclays and or this Arvanto debt agency cannot cause me any grief and hassle etc?... yes it will be on my credit file for 6 years, but im guessing that thats already damaged a lot etc....barclays saying this agency is acting on their behalf....yet then say the loan wont go to court as unenforceable by CCA rules?...thanks.

[dx100uk]

dca's have zero legal powers to do anything

and are NOT BAILIFFS

 

this applies to any debt.

and even more so if they don't OWN the debt as in this case

 

dx

 

[bigman21]

thanks, i will ignore the dca's ...barclays say that this agency is acting on their behalf....but as barclays say they wont ever take it t o court coz of their mistake, i will eithe male a monthly nominal payment to barclays direct....ignoring dca's ...or just stop paying anything.....credit file be knackered anyway....thanks