GDPR Cookie Consent by SimpleServe Privacy Script Barclays s.77A, 86 & 86 /E notices - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

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

Collapse
X
Collapse
 
  • Page of 5
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 3 4 5 template Next
  • #1

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

    Morning

    Have you taken out a loan with Barclays since 2008?

    If a Barclays customer has ever had a loan agreement with Barclays since 1st October 2008 then we understand either some or all of the s.77A, s.86B, s.86D or s.86E statutory notices have defective templates . The net effect is that Barclays has to refund any interest paid/charged and /or default sums charged depending on which notices are defective.

    We think they changed the templates around January this year.

    So, do you have one? If so can you please email a copy (unedited) to me at webmaster@all-about-debt.co.uk with your forum username and then I'll come back to you and let you know if it is defective or not.

    This is one of our AAD Solicitor's brainchild (Josie888), so if you have any additional queries please direct your question here and Josie will be pleased to assist.

    As part of this process please note that your documents will need to be sent to Josie to check over. DPA and all other legislative guidelines will be applied throughout. And as always, it is a free service we are offering.

    Niddy
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk
    Tags: 1st, 2012, action, banks, barclaycard, barclays, car, cca, child, claim, court, customer, customers, debt, debtors, default, documents, dpa, email, financial, fire, free, free service, guidelines, interest, internet, judgements, legal, lending, lloyds, loan, loans, london, lord, money, mortgage, mortgages, northern rock, october, paid, parking, rate, refund, resources, sar, set off, solicitor, template, templates, third party, unenforceable
  • #2
    Re: Barclays s.77A, 86 & 86 /E notices

    The loans could have been taken out before 2008. 1st October 2008 is the date the notice templates were defective from. It could impact on Judgments and claims too.
    Legal Disclaimer
    I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

    If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

    Comment

    • #3
      Re: Barclays s.77A, 86 & 86 /E notices

      was 2008 the year a lot of agreements were accidentally destroyed. as that was the year my loan payments were uncashed, and on sending Barclays a SAR It was nowhere to be seen
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Barclays s.77A, 86 & 86 /E notices

        The Iron Mountain fire was July 2006 (London)....
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

        • #5
          Re: Barclays s.77A, 86 & 86 /E notices

          would this count for those that may have paid back the Loan (complete)? or is/was it for loans that are still current/on going
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Barclays s.77A, 86 & 86 /E notices

            They will still have to repay even if loan is finished if they were unable to charge interest etc due to defective notices
            Legal Disclaimer
            I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

            If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

            Comment

            • #7
              Re: Barclays s.77A, 86 & 86 /E notices

              So will it be a typically retrospective period of 6 years from now/2008?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment

              • #8
                Re: Barclays s.77A, 86 & 86 /E notices

                The breach would have occurred from 1st October 2008 when the new regs were implemented - I would think it likely that was the point when the errors were made in the template notices.
                Legal Disclaimer
                I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                Comment

                • #9
                  Re: Barclays s.77A, 86 & 86 /E notices

                  Sorry to appear daft on this. I have gone through the sections of CCA that you refer to, it appears to refer to interest charged when someone has defaulted, unless I am mistaken. Can you please explain in nice , simple terms, what this means please. I believe that this may also refer to Barclaycard customers who were in the same situation. A future financial scandal?

                  Comment

                  • #10
                    Re: Barclays s.77A, 86 & 86 /E notices

                    What I'd be interested in is how the places Barclays in regards to any future (and maybe even past) witness statements that have been presented in court in UE (and maybe even other) cases.

                    In laymans speak the witness statements are usually along the lines of 'we must have sent, and received the correct/signed paperwork because these are our policies/procedures/systems therefore it 'must be so'.

                    As this situation would demonstrate just because their policies/procedures/systems do not automatically 'make it so'.

                    So I guess that theres always been the requirement to demonstrate that this is the case, but could the recent debacle be used against Barclaycard to refute/cast in doubt a witness statement made on this basis?
                    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                    The consumer is that sleeping giant.!!


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #11
                      Re: Barclays s.77A, 86 & 86 /E notices

                      Good lord, to say this is the tip of the iceberg is frankly an understatement of the year.

                      Ill be blogging shortly about this, but what ive been provided if I were the lawyers involved in certain things (cant say much more yet) then I think my arse would twitch

                      Shockingly bad stuff is all I can say

                      Comment

                      • #12
                        Re: Barclays s.77A, 86 & 86 /E notices

                        Originally posted by Enforcer View Post
                        Sorry to appear daft on this. I have gone through the sections of CCA that you refer to, it appears to refer to interest charged when someone has defaulted, unless I am mistaken. Can you please explain in nice , simple terms, what this means please. I believe that this may also refer to Barclaycard customers who were in the same situation. A future financial scandal?
                        no doubt at all, a future scandal,

                        Comment

                        • #13
                          Re: Barclays s.77A, 86 & 86 /E notices

                          Originally posted by Paul. View Post
                          Good lord, to say this is the tip of the iceberg is frankly an understatement of the year.

                          Ill be blogging shortly about this, but what ive been provided if I were the lawyers involved in certain things (cant say much more yet) then I think my arse would twitch

                          Shockingly bad stuff is all I can say
                          It is shocking. These companies present themselves as having sufficient resources (lots of expensive lawyers), so that its inconceivable that they can do no wrong and that their position is sound, policies/procedures/documents etc are correct.

                          Yet as is being shown (first Northern Rock, now Barclays), they cannot even get basic stuff correct despite these resources.
                          "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                          The consumer is that sleeping giant.!!


                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: Barclays s.77A, 86 & 86 /E notices

                            Originally posted by Paul. View Post
                            Good lord, to say this is the tip of the iceberg is frankly an understatement of the year.
                            Originally posted by Paul. View Post

                            Ill be blogging shortly about this, but what ive been provided if I were the lawyers involved in certain things (cant say much more yet) then I think my arse would twitch

                            Shockingly bad stuff is all I can say



                            As much twitching as Miss coates ?

                            M1

                            Comment

                            • #15
                              Re: Barclays s.77A, 86 & 86 /E notices

                              Originally posted by Paul. View Post
                              Good lord, to say this is the tip of the iceberg is frankly an understatement of the year.

                              Ill be blogging shortly about this, but what ive been provided if I were the lawyers involved in certain things (cant say much more yet) then I think my arse would twitch

                              Shockingly bad stuff is all I can say
                              Paul, the reason that I asking for a nice simple explanation, is. The Financial Ombudsman ruled that Barclaycard had not replied correctly to a CCA 1974 request, goes back to Sept 2011. They ruled that Barclaycard should send me a typed up, legible version and the terms and conditions applicable at the time that I signed. I have today had confirmation from the Ombudsman that Barclaycard are unable to comply. email " I have received confirmation that we do not have a more legible version of the document you require". This surely means that tis so called agreement was unenforceable in law as from that date. However they continued to charge contractual interest until July 2012, defaulted the account under S87 (i ) not S87 (1) Used their "legal"??? right of set off. Continued to lie to me etc. Should they be worried?

                              Comment

                              Previous 1 2 3 4 5 template Next
                              Working...
                              X