Florida Jens diary

[Warwick65]

Hi
As still waving says, bailiffs are a long way off.
Fist they would have to issue a claim
Then they would have to win
Then you would have to fail to make the payments
Then they would have to go to court.

Can I ask, just how much was the barclay loan for originally

Another question, do you own your property

[Still Waving]

Hi

You would only have bailiffs at your door if, at some point, a County Court Judgment was awarded against you and you subsequently failed to abide by the terms of that judgment (eg you were ordered to pay instalments and failed to do so).

However there is a long way to go before anything comes to Court, and there would be opportunities to prevent that, by coming to an arrangement if you did not have a strong case for defending a claim.

[The Tech Clerk]

see Warwick is assisting you!

[Floridajen]

Floridajen

If I can, could you answer some simple questions

Was the loan offered by the bank to convert existing Barclays borrowing to a loan or was it a loan that you used to try and consolidate all your debts?
I also appreciate that consolidation may seem like a good idea but in my experience rarely goes to plan so no judgement from me.

Did you apply for the loan - even after receiving an invitation or was it specifically suggested by someone at Barclays?

Did you say the loan was for consolidation or something else- i think we have all said it was for something else in the past so don't worry.


By the way, just a bit of info
This particular debt is 'only' temporarily UE until they provide the documents - lets hope it stays that way, it might, I had some that stayed that way for over 6 years and are now Statute barred

Even a UE debt does not need to be written off , it is still owed , all it does it make it unenforceable in court although if a claim is issued you need to fight it so the court knows it is UE. The creditor is still allowed to send letters (within reason) asking you to pay or making you reduced settlement offer. My largest debt was of a similar amount and I received offers of 50% discount and 75 % discount - I just filed them. That was even after they sent a copy of an agreement that looked at first sight to be perfectly legit. It even had my signature on it, contained all the prescribed terms, the only problem the header was for a different company to the one who offered me the loan and sent the S87(1) Default Notices.

I hope you can answer the questions above to help nail exactly how you took the loan out and what exactly it was for

Hi Warwick,

we can only remember that as we had so many loans with Barclays (all done online) and that we needed a smaller monthly payment as we were struggling that we contacted Barclays and they offered the solution of a loan to consolidate them. As we still have some loans taken prior to this one we can only think that we didn't pay all of them off! I know this is very vague but we honestly have been so bad with money in the past we really cannot remember.

My question at the moment if anyone can help is debt by debt should we be offering payment as we really don't want bailiffs on our door as we have not paid anything via Stepchange for 2 months now. All have been sent CCA requests and paperwork sent to Niddy.

debt 1 Barclaycard niddy advises UE
debt 2 Barclay overdraft I offered two f&f but both refused by them
debt 3. Barclays loan Niddy advises Enforceable
debt 4. MBNA credit card no response to CCA so UE at the moment
debt 5 Barclaycard Niddy advises UE
debt 6 Barclays loan Niddy advises UE so far

Thanks to anyone who takes time to help. Much appreciated x

[Warwick65]

Floridajen

If I can, could you answer some simple questions

Was the loan offered by the bank to convert existing Barclays borrowing to a loan or was it a loan that you used to try and consolidate all your debts?
I also appreciate that consolidation may seem like a good idea but in my experience rarely goes to plan so no judgement from me.

Did you apply for the loan - even after receiving an invitation or was it specifically suggested by someone at Barclays?

Did you say the loan was for consolidation or something else- i think we have all said it was for something else in the past so don't worry.


By the way, just a bit of info
This particular debt is 'only' temporarily UE until they provide the documents - lets hope it stays that way, it might, I had some that stayed that way for over 6 years and are now Statute barred

Even a UE debt does not need to be written off , it is still owed , all it does it make it unenforceable in court although if a claim is issued you need to fight it so the court knows it is UE. The creditor is still allowed to send letters (within reason) asking you to pay or making you reduced settlement offer. My largest debt was of a similar amount and I received offers of 50% discount and 75 % discount - I just filed them. That was even after they sent a copy of an agreement that looked at first sight to be perfectly legit. It even had my signature on it, contained all the prescribed terms, the only problem the header was for a different company to the one who offered me the loan and sent the S87(1) Default Notices.

I hope you can answer the questions above to help nail exactly how you took the loan out and what exactly it was for

[Warwick65]

Roger

Here is not the place to take swipes at each other- as you say it is to help Jen understand her options

I asked the question if this loan was simple to consolidate other Barclays lending but frankly I do not see the difference. This was a loan taken out online ( if I have read it correctly) and not forced on Jen.

Also the post by Niddy was totally unrelated, it was about HSBC and in particular related to a 2003 business loan. As I said, HSBC are known for rolling debts together and selling them on which does cause them problems.

Frankly I think for this particular debt Jen is better getting some free legal advice from Diana Mayhew , possibly off the boards so that PRA have no idea what is going on. We know they do read these forums

[Roger]

Without knowing more details it seems to me that is not relevant .
I am sure Jen will correct me if I'm wrong but this loan seems it may have been a loan to consolidate multiple debts from multiple lenders.
Additionally that post was written 8 years ago and a whole lot has changed.
This is why I am so careful about offering opinions. Every case is different

The date of this Loan Jan 2013 ; Niddy's Blog entry March 2013

Debt 6 last one the biggy

• Type of account (credit card/loan) Barclayloan
• Date commenced (ideally before Apr 2007) Jan 2013
• Approx balance. £18,500

The Blog referenced was dated

14th March 2013

The debts Barclays consolidated in the Loan

See #25 https://www.all-about-debt.co.uk/for...69#post1512569

The object it to flesh out the details which helps Florida jens and the MODS give good advice. The background here is very important especially when prior and different types of Debts under CCA1974 have been upgraded into a new Consolidated Loan by Barclays .
Will PRA snap the jaws on this? Very likely because they are litigacious! So this background is important as will be time spent on fleshing out the details.

[Warwick65]

Without knowing more details it seems to me that is not relevant .
I am sure Jen will correct me if I'm wrong but this loan seems it may have been a loan to consolidate multiple debts from multiple lenders.

Additionally that post was written 8 years ago and was about HSBC and a whole lot has changed. HSBC are known for rolling multiple debts I to one account prior to sale

This is why I am so careful about offering opinions. Every case is different and everything needs reading in context.

[Roger]

I am not quite sure how relevant that is at this stage, if at all. It is different to Barclays rolling up all your debts together and selling them on.
I guess, if Barclays knew it was consolidation and did not actually make the payments there may be an argument for irresponsible lending but that would be something for Jo or Di to talk about.

This particular debt is a long way off a claim although if I am honest I think a claim will be forthcoming at some point but if there is a defence Jo would know how to find it

The Diary's are always worth reading gems and nuggets in Florida Jens Case the upgrading of lending by Barclays into a Consolidated Loan.
https://www.all-about-debt.co.uk/for...054#post840054

[Warwick65]

Simply put the reason for the consolidation was known and approved by Barclays (at the Phone) no doubt recorded and therefor available! The money made available for that express purpose!

I am not quite sure how relevant that is at this stage, if at all. It is different to Barclays rolling up all your debts together and selling them on.
I guess, if Barclays knew it was consolidation and did not actually make the payments there may be an argument for irresponsible lending but that would be something for Jo or Di to talk about.

This particular debt is a long way off a claim although if I am honest I think a claim will be forthcoming at some point but if there is a defence Jo would know how to find it

[Roger]

From what I can remember it was arranged over the phone and debts paid off from it.
Thanks for your help

Simply put the reason for the consolidation was known and approved by Barclays (at the Phone) no doubt recorded and therefor available! The money made available for that express purpose!

[Floridajen]

To answer your question about the debts you THINK are enforceable.

While a CCA request is a good starting point there are many ways a debt may be unenforceable in court even if the agreement is good.

Examples include
A bad S87 Default Notice
A bad assignment
Non compliance with regulatory notices

The loan from barclays- was this just a loan paid into your bank account with the intention of you paying off the other debts or was it set out in some other way ?

many years ago Barclays combined a loan and an overdraft and got a CCJ against me and my ex . Clearly if I had known then what i know know, it would not have happened but there you go. I stopped paying it in 2012 and heard nothing since.

From what I can remember it was arranged over the phone and debts paid off from it.
Thanks for your help

[Warwick65]

To answer your question about the debts you THINK are enforceable.

While a CCA request is a good starting point there are many ways a debt may be unenforceable in court even if the agreement is good.

Examples include
A bad S87 Default Notice
A bad assignment
Non compliance with regulatory notices

The loan from barclays- was this just a loan paid into your bank account with the intention of you paying off the other debts or was it set out in some other way ?

many years ago Barclays combined a loan and an overdraft and got a CCJ against me and my ex . Clearly if I had known then what i know know, it would not have happened but there you go. I stopped paying it in 2012 and heard nothing since.

[Floridajen]

Yes i think so.
does anyone who if niddy thinks two of my debts are enforceable , should I restart paying them?

[Roger]

Thanks for your reply.

The big Barclay loan was indeed to consolidate others loans which Barclays somehow seemed to allow us to take out online.
Aas far as we are aware there was no PPI on any of them.

Well Note this S. 77/78 the reason is within the CCA 1974 are different types of Credit. Each of these types with distinctly different CCA regulations.

Its not a New Debt in 2013 with a CCA the Consolidated Loan is actually like some kind of patchwork of different existing CCA Credit types. each with different CCA's and this with Barclays knowledge and agreement. These sources? do they still exist but with reduced balances?

This is the Full facts which Di was asking for.