Barclays Advance Account

[Enforcer]

Re: Barclays Advance Account

Went to the Bank this afternoon, asked them to cancel the direct debit to Barclays Bank PLC as I no longer wish to contribute. Cancelled and copy of my letter stamped by cashier.
Al I need to do now is wait for the incessant barrage of phone calls and threatening letters from Mercers. Bin there done that before! Better equipped to deal with them this time round thanks to the help of this forum.

[Enforcer]

Re: Barclays Advance Account

I am sure you are right Niddy.

[Never-In-Doubt]

Re: Barclays Advance Account

It might well fall under s.18 (Multiple Agreements)

-> http://www.legislation.gov.uk/ukpga/1974/39/section/18

[Enforcer]

Re: Barclays Advance Account

Missing prescribed terms, it included PPI, and no prescribed terms for PPI.
Although it states, Barclays Bank PLC (we/us/our/the Bank) agree to provide "Enforcer" (the Borrower/you) with a Barclays Advance (the loan) on the terms and conditions set out.

Your Credit Limit £5000.00

Monthly Interest Rate 0.952% Current APR 11.9%

Then. You have requested Barclays Advance Protection on your account.

This was actually a type of revolving credit account, not a loan. Went up to a limit of £7000.00 at one time. Still paying after 10.5 years!

Payments can only be made by direct debit from current account.

[PlanB]

Re: Barclays Advance Account

The Advance account was very much a revolving credit agreement, much like a credit card, but linked to your current account, repayments were made by direct debit from current account.

I wonder if this is a similar product as my HSBC Flexiloan account which operated in the same way. Marlin are arguing it's an overdraft which they bought and are stubbornly refusing to acknowledge my dispute over non-compliance with my section 77-79 request.

I have the original Flexiloan agreement (HSBC couldn't produce it ) which says regulated under the CCA etc and it was set up as a fixed maximum sum (ceiling) of £5k with payments of £200 per month credited from my current account by SO. It had a chequebook facility so the balance would go up and down according to use (like a credit card) so it was not a fixed sum loan.

Why was your CCA unenforceable?

[Enforcer]

Re: Barclays Advance Account

CCA reply checked over by Niddy. Confirmed as 100% unenforceable. Will have fun on Monday asking Barclays to cancel a direct debit payment to themselves! However there is the direct debit guarantee which they have to stand by.
The terms and conditions have not been varied, and there is no right of set off against this account.

[Enforcer]

Re: Barclays Advance Account

Received CCA reply for Barclays advance account. Everything is Identical to what I have, apart from one page. Will send to Niddy.
This page contains a section,
Your Right to Cancel

Once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by the Bank.

This page, in the recon, is the second page. Definitely not in the original that I have!

[SA Gold]

Re: Barclays Advance Account

Just hope that Niddy is right on this one.

He will be mate, don't worry about that. Here is to a peaceful three years remaining

Cheers
SA

[Enforcer]

Re: Barclays Advance Account

As some of you may have gathered from my posts Barclaycard & Right of set off. I have had enough of this "Ethical" Bank.
I have today, finally sent off a CCA request regarding this Advance Account. Should have done it months ago, but I expected that following a FOS decision that Barclaycard did not, and could not comply with a S78 request, that they would have refunded my money taken under their "illegal" right of set off, together with the near £1100.00 pounds charged for the privilege of forcing me to use my "personal reserve" for the last 19 months.
As I am now into over 3 years towards statute barred on 3 separate accounts, I realise that this action is going to wreck my credit file, once again.
I don't give a damn! Not going to let the Barstewards F--K my life.
Just hope that Niddy is right on this one.

[Enforcer]

Re: Barclays Advance Account

Confirmation from Niddy.
Unenforceable all the way. This could be fun.

[Never-In-Doubt]

Re: Barclays Advance Account

Similar to HBOS preference and Cahoot products.

No it won't be enforceable, they rarely were

Let me see it though. Check for sure

[Enforcer]

I have been searching the net for information on this Advance Account for several years. Hardly anything to be found. I remember that they wrote to say that they were withdrawing it.
Have now found the letter January 2011 "We are withdrawing our Advance product." withdrawn on 25 March 2011. But, in the same old briefcase was the original agreement from March 2003, all 5 pages. Including Barclays Advance Protection Guide to Insurance. (PPI)

I did reclaim PPI and they repaid it in full, directly to me. Never even a mention of setting off against the account.

The Advance account was very much a revolving credit agreement, much like a credit card, but linked to your current account, repayments were made by direct debit from current account.

The question is.
Is this agreement enforceable?

Will send to Niddy for evaluation.