Masterloan and PPI Claim

[Never-In-Doubt]

Re: Masterloan and PPI Claim

Niddy always makes good points lol. It's clear in s.18 - if ppi was added to a Loan then you get two prescribed term elements. One for the loan and one for payment protection (as it's also a loan)..... If it doesn't have this then the WHOLE lot is void.

Simples really.


*if in doubt, give niddy a shout!!

[amersall]

Re: Masterloan and PPI Claim

Yes, but also there may be a cca, as barclays have said " i am unable to provide you immediately with a copy of the original agreement". They may send one, so would it not be better to wait and see if op gets one?. And what timescale should there be for barclays to send it?.

[di30]

Re: Masterloan and PPI Claim

Cheers Niddy and amersall.

The normal timescale I assumed was 12 days.

[amersall]

Re: Masterloan and PPI Claim

I know you know your stuff nid just wanted to know if op went down the route you say, and then barclays give the cca and the ppi and loan amounts are there

[amersall]

Re: Masterloan and PPI Claim

You could be right di, op had better get onto barclays and see what the hold up is with this cca.

[di30]

Re: Masterloan and PPI Claim

Definately amersall, any problems TDS could always contact the ICO, or threaten the bank with them.

[Never-In-Doubt]

Re: Masterloan and PPI Claim

Yes, but also there may be a cca, as barclays have said " i am unable to provide you immediately with a copy of the original agreement". They may send one, so would it not be better to wait and see if op gets one?. And what timescale should there be for barclays to send it?.

It remains unenforceable; protected under s.127(3) CCA1974 until such time they provide a cca. Or you SAR them, ie 40 days wait.

In any case it all helps with a possible claim. It's up to THEM to prove they complied, not YOU to prove how they messed up. To add, I've seen over 200 barclays letters saying the same - they send terms and a recon only cos barclays were known to have destroyed cca's. They were named and shamed on BBC money as being the worst. Why do u think they don't go to court often?

If they had a cca it'd have been sent. I guarantee you they won't find it - they may produce a short application form or terms or even a recon but that's your lot.

[Never-In-Doubt]

Re: Masterloan and PPI Claim

You could be right di, op had better get onto barclays and see what the hold up is with this cca.

Nobody complies within the statutory 12+2 days deadline. By the time you complain to the ico/fos they'll have sent terms and tried to blag it. Not worth hassling them and definitely do not ring them!!

Everything MUST be in writing. Go to unenforceable templates - 3rd one is a cca chaser, send that.

[Never-In-Doubt]

Re: Masterloan and PPI Claim

I know you know your stuff nid just wanted to know if op went down the route you say, and then barclays give the cca and the ppi and loan amounts are there

It's cos I've seen it too many times with barclays. A quick scan of the UE Diary section will show you, almost everyone has barclays - only a couple had a cca. The rest get the same letter sent to debt star. Sorry, I'm basing my assumptions on their history of neglect.

[Never-In-Doubt]

Re: Masterloan and PPI Claim

Definately amersall, any problems TDS could always contact the ICO, or threaten the bank with them.

ICO have no legal powers, by the time the complaint was read it'd be 6+ months away and they'd write back saying "we do not conform to cca1974, so cannot get involved".... A cca request is not a sar, it's not s.7 DPA1998. It's under s.77-79 CCA1974 meaning you complain to fos.

Ergo to do a reclaim you always send a sar as it holds more weight.

Hope this makes sense lol

[di30]

Re: Masterloan and PPI Claim

LOL Niddy, and yeah a SAR would probably be the best option in this case, to be honest looking back on one of mine, funny really, they confirmed they could not supply me with the CCA, as the account was an older settled account, strangely enough after taking the SAR route it appeared.

Reading on your thread reminded me lol, so you never know, maybe if TDS does this it may be the same outcome for him.

[Never-In-Doubt]

Re: Masterloan and PPI Claim

Come on Di, you know me!!

I'd send advanced SAR and forget the cca for the moment...

[di30]

Re: Masterloan and PPI Claim

LOL yeah true, but when I first started out and didn't know or even have the foggiest on how to go about these reclaims, I must confess I worked A**E backwards lol

[amersall]

Re: Masterloan and PPI Claim

Thanks for clearing that up for me nid
I am the same as you di i work a**e backwards too . But you can teach an old dog( a very old dog in my case) new tricksyou learn something new everyday xx

[The Debt Star]

Re: Masterloan and PPI Claim

I emailed that Diamond CEO bloke you suggested Di. Said in email that the bank were ignoring my cca request and sar. Got an email and missed pfone call from some bod at their london HQ. Will give her a call 2morrow.