Masterloan and PPI Claim

[di30]

Re: Masterloan and PPI Claim

Hope you get some joy tomorrow, good luck.

[The Debt Star]

Re: Masterloan and PPI Claim

Evening new gang. As you know I received a letter from barclays in response to my complaint about my 2003 Barclaycard Masterloan. I had not received a CCA or SAR despite requesting this in November and the bank had already had their in-house threat monkeys CDCS send me a letter before action as I hadn't paid a dime since 2008. They hadn't pursued the money either and i have a letter on file in which they admit it was their error not sending statements or excess notices.

This is one page from the letter I got last week. Paragraph 3 clearly states the loan was for £15K and that I was sold PPI which took the total loan balance to £19+K.

http://i822.photobucket.com/albums/z...1/c48d239f.jpg

Ok, TODAY I receive this load of rubbish from Barclays:

http://i822.photobucket.com/albums/z...1/24a044eb.jpg
http://i822.photobucket.com/albums/z...1/098fceba.jpg
http://i822.photobucket.com/albums/z...1/a04135f6.jpg
http://i822.photobucket.com/albums/z...1/0259f0f2.jpg

Now the 3rd item down purports to be a CCA but, from what I think I know about CCAs, this is most dodgy. The letters are also dodgy, from the same person at the bank incredibly.

I need help and guidfance please on my next steps. i hve already sent a PPI Questionaire on the basis of the original letter but this latest pile of barcrap states that no PPI was sold after all.

I have started repaying Barclays since December because of their CDCS threats and really need to know what to do now and where I stand.

Cheers guys. Hope you can help.
DS

[di30]

Re: Masterloan and PPI Claim

Hiya TDS

I see what you mean, think I will see what Niddy has to say about this first if you don't mind, and myself and or/Niddy will get back to you.

The previous letter confirms you taken out PPI, but yet nothing on the CCA.

At least you still have proof of the PPI which will help if you have to complain to the FOS.

Maybe Niddy will have some suggestions on the threats side of it x

[The Debt Star]

Re: Masterloan and PPI Claim

cheers Di. Is the recon CCA kosha I wonder? Looks like it has enough holes to sink the Titanic to me but I honestly don't know enough about the complexities of the CCA to be sure of that.

[The Debt Star]

Re: Masterloan and PPI Claim

someone OTR has posted that the document may satisfy s78. Is that so? The CCA looks so bad it hardly seems possible.

[di30]

Re: Masterloan and PPI Claim

Hiya


I'm sure Niddy will know more on this, hopefully he will take a looksie soon and get back with some answers for you.

[Never-In-Doubt]

Re: Masterloan and PPI Claim

someone OTR has posted that the document may satisfy s78. Is that so? The CCA looks so bad it hardly seems possible.

It will not satisfy s.78, because s.78 covers cards and other revolving credit. A loan is s.77 CCA1974 - sorry, just pointing this out so you do not look daft if you go on and quote the wrong section later....

Ok, it *appears* to look like a bog-standard loan agreement, but regardless we can categorically confirm it is not enforceable based on the CCA you posted - several reasons, all rolled together create that assessment. The lack of cancellation rights, lack of the prescribed terms and lack of any signature suggest for one it is a recon - with no terms or no reverse attached (as detailed and linked to, the front of that page)... Now, being you have confirmation and also KNOW you were being charged PPi, the fact they sent that messed up agreement helps you big time - it basically rules out any strict proof they may attemt at court, ie they've already lied and you have both sets of evidence in front of you so their word is now mud.

You had PPi, this is not listed on that agreement meaning s.18 comes into play. The fact that no prescribed terms, cancellation period or terms also puts its intergrity into question.

You simply cannot lose this if it went to court. However, as the balance is only £6k you need to be requesting a write off as previously advised to you. I dunno why you don't ever listen to me, I do know my stuff but you insist on not actually following any advice I give....?

This is not a reclaim matter so much as fraudulent proposals of a document, therefore you OUGHT to be ceasing payment and HOPING they take you to court then you'll get it written off, or sorted - one way or another... The other option is to write a simple complaint enclosing the documents you posted above to the FOS for them to deal, and sort a refund - however doing this may mean you're left in a negative state and may have to repay some funds. At the present time, you could negotiate total write off and any credit agency details. The FOS will not award credit reference agency deletions....

Best of luck, although I feel i'm wasting my time again lol....

[The Debt Star]

Re: Masterloan and PPI Claim

Thanks thats very useful, clear advice. I will begin to prepare a letter to that effect.

I'm not sure, though, what you mean by:

"Best of luck, although I feel i'm wasting my time again lol" ??

and

"I dunno why you don't ever listen to me, I do know my stuff but you insist on not actually following any advice I give....?"

I'm not getting into a slanging match because I don't do those. But I do take offense at your remarks, which were uneccessary and unwarranted imo. Its a great shame because I have been extremely appreciative and grateful for your advice. You don't know what I've been doing to follow up on that advice (and for the record, I have been).

However, also for the record I am grateful and appreciative of your advice and thanks for spending time in responding to my posts. If, for reasons of my own, I don't want to go to court that's my call and is no reflection on you and what I think of your advice. To the contrary, I find the advice extremely useful and it helps massively with my disputes and negotiations just to know that I could, if I so choose, get litigious.

[Never-In-Doubt]

Re: Masterloan and PPI Claim

Thanks thats very useful, clear advice. I will begin to prepare a letter to that effect.

To whom? The original creditor? What will this letter say? You'll be going round in circles - I have advised twice already what you must do to sort this.... ie you must list all errors, start quoting s.18 and then apply the proof of documents to show they will lose if it went to court, and then hit them with "cancel the outstanding debt, remove all adverse from the CRA's and we'll call it a day"

I'm not sure, though, what you mean by:

"Best of luck, although I feel i'm wasting my time again lol" ??

and

"I dunno why you don't ever listen to me, I do know my stuff but you insist on not actually following any advice I give....?"

Just an observation mate - I know you sit on the fence when it comes to certain things, that's cool - no issues there, but I feel you've been tarnished against court as a result of participation on other forums which doesn't necessarily make it right, not to fight in court...

I'm not getting into a slanging match because I don't do those. But I do take offense at your remarks, which were uneccessary and unwarranted imo.

It was a simple observation -

Its a great shame because I have been extremely appreciative and grateful for your advice. You don't know what I've been doing to follow up on that advice (and for the record, I have been). However, also for the record I am grateful and appreciative of your advice and thanks for spending time in responding to my posts. If, for reasons of my own, I don't want to go to court that's my call and is no reflection on you and what I think of your advice. To the contrary, I find the advice extremely useful and it helps massively with my disputes and negotiations just to know that I could, if I so choose, get litigious.

The only way you'll sort this, properly, is either by them backing down as a result of your proof against them, the fos ruling in your favour - lately they've lost their backbone so that is dubious at best and thirdly, and most effective, would be to fight using s.18 and HOPE they start proceedings - for the record, I don't let things get so far as court - we usually argue enough in the defence that the claimant backs down or does not respond in time so it becomes stayed.... Court really is the last step...

Don't take offence at anything I say, i'm not into cheap digs - I say it as it is and I have no problem with you - far from it, I did though point out that from my view (bear in mind I see all posts) - you're not necessarily following the BEST route - as you admit yourself, being evasive makes it extremely hard to follow threads accurately and to give accurate advice when there are chunks missing....

Now have a or two!

[di30]

Re: Masterloan and PPI Claim

Good advice Niddy.

Some good points made in this, and personally I do think you have a good case TDS.

[Turboman]

Re: Masterloan and PPI Claim

Glad we got you sorted DS--lol