Barclays s.77A, 86 & 86 /E notices

[SaltnVinegar]

Re: Barclays s.77A, 86 & 86 /E notices

As much twitching as Miss coates ?

M1

That is superb! My favourite bits:

Judge McIlwaine to Miss Coats -

"You will be coming to see me and I suggest you bring a toothbrush"
"Not a good day at the office is it?"
"This opens another can of worms doesn't it? If you have issued proceedings and you have obtained judgements and those judgements are flawed you have got to set those all aside"
"I cannot help but wonder if now you are going to be reading about yourself on the internet"

[mystery1]

Re: Barclays s.77A, 86 & 86 /E notices

That is superb! My favourite bits:

Judge McIlwaine to Miss Coats -

"You will be coming to see me and I suggest you bring a toothbrush"
"Not a good day at the office is it?"
"This opens another can of worms doesn't it? If you have issued proceedings and you have obtained judgements and those judgements are flawed you have got to set those all aside"
"I cannot help but wonder if now you are going to be reading about yourself on the internet"

I always wonder when Ibbotson went from wtf is going on to this sounds interesting to serves you right biatch.

M1

[SaltnVinegar]

Re: Barclays s.77A, 86 & 86 /E notices

I always wonder when Ibbotson went from wtf is going on to this sounds interesting to serves you right biatch.

M1

For sure - from the transcript it sounded like the Judge was steaming from the beginning, it just took a little while to figure out who he was going to be steaming at.

To the Judges credit he really did take a fair view of the claim and picked it apart leaving Ibbotson as a LiP with little to do, and to be fair to Ibbotson he didn't even try to claim any costs which in my interpretation the Judge was giving him the go ahead to do.

I can just imagine the conversation that was had back at Miss Coates office the following day!

[Enforcer]

Re: Barclays s.77A, 86 & 86 /E notices

I have read the transcript, still not sure exactly what is going on here. Can anyone please enlighten me?

[Paul.]

Re: Barclays s.77A, 86 & 86 /E notices

Under s77A barclays have a duty to send loan customers certain notices, the notices have a prescribed form and must contain prescribed information. If there is a breach then the Barclays cannot charge interest during the period while the breach remains.


Thats pretty much it

[Enforcer]

Re: Barclays s.77A, 86 & 86 /E notices

Nothing serious then. Thanks

[Never-In-Doubt]

Re: Barclays s.77A, 86 & 86 /E notices

Regards the Ibbotson transcript, my interpretation is that that's more to do with the way a third party issued proceedings against people whom they had no right, ie its the actual owners right or they must assign it.

Now to link that to your question, it may be the case that banks (ie a mortgage company) have issued proceedings against debtors when in fact they had no right as the actual company lending the money hasn't assigned it or didn't have ownership by which to issue proceedings.

More will be explained later, I'm sure.

[Enforcer]

Re: Barclays s.77A, 86 & 86 /E notices

Thank you, I think that I now understand where this is coming from! Could not link a car parking case to a bank case, must be me.

[mystery1]

Re: Barclays s.77A, 86 & 86 /E notices

I only posted Ibbotson in reply to Paul saying someones in trouble etc. Nothing at all to do with the issue highlighted in the op.

[Never-In-Doubt]

Re: Barclays s.77A, 86 & 86 /E notices

Thank you, I think that I now understand where this is coming from! Could not link a car parking case to a bank case, must be me.

Bigger picture - a third party cannot issue a claim unless they're authorised by assignment or they own what they're claiming for. If for example ABC mortgages repossessed your house, based on arrears, but this company wasn't actually LENDING you anything, instead say it was Lloyds (that underwrites ABC's mortgages) then ONLY Lloyds could repossess unless they assigned it in contract. Any previous action taken by ABC would be set-aside with obvious claims for damages....

Thats how I perceive it anyway. I think

[Never-In-Doubt]

Re: Barclays s.77A, 86 & 86 /E notices

I only posted Ibbotson in reply to Paul saying someones in trouble etc. Nothing at all to do with the issue highlighted in the op.

But read post 1 - Barclays have been bad

Its actually a lot more related than you think - however I suspect you've already put 2 and 2 together hence you posted the link

You're not daft

[Never-In-Doubt]

Re: Barclays s.77A, 86 & 86 /E notices

I wonder what would happen in this case whereby the notice was incorrect and say it was a Barclays loan for a car, Barclays motor finance, which ended up repossessed? I mean surely they'll have to sort out the illegal charging of interest etc but what will happen in more serious cases where goods may have been forfeited as a result of arrears; all the while Barclays had no real claim to the money/goods?

I hope that makes sense in writing as much as it does in my head

[SaltnVinegar]

Re: Barclays s.77A, 86 & 86 /E notices

Nothing serious then. Thanks

Its serious for Barclays - due to a lack of diligence on their part by not having their paperwork in the prescribed format they are now going to have refund £millions to the accounts of customers affected (similar to Northern Rock customers).

You'd have thought with their legion of lawyers that they could get something simple as formatting of a statement correct wouldn't you?...........

[SaltnVinegar]

Re: Barclays s.77A, 86 & 86 /E notices

Thank you, I think that I now understand where this is coming from! Could not link a car parking case to a bank case, must be me.

No I think the link there was just M1's humour in showing how much a lawyers butt could twitch

[Riz]

Re: Barclays s.77A, 86 & 86 /E notices

Under s77A barclays have a duty to send loan customers certain notices, the notices have a prescribed form and must contain prescribed information. If there is a breach then the Barclays cannot charge interest during the period while the breach remains.


Thats pretty much it

So similar to the Northern Rock cock up?

http://www.nram.co.uk/loans/cca-loans