• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

VT- Barclays - WON - 13 weeks

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • VT- Barclays - WON - 13 weeks

    Its taken 13 weeks but I have WON my VT claim with Barclays.

    My contact and journey with Barclays has been made difficult due to their incompetence and lack of internal communication. My interactions and outcomes have been detailed below:

    13th August 2019 - I wrote via email and letter to voluntary terminate my Hire Purchase agreement as required by Consumer Credit Act (1974) and asked for contact in 14 days to arrange collection of the vehicle. In this letter I also stated I would like to only be contacted via email or letter and for these preferences to be updated on my record. On 19th August 2019 I communicated my voluntary termination again via email. I proceeded to receive phone calls and letters outlining unnecessary barriers and dismissive language in regards to my request by stating I would need to complete paperwork and pay £150 collection fee in order for voluntary termination to proceed.

    I communicated my stance on their paperwork and collection fees stating that I was not legally liable to pay anything over and above half of the total loan amount as outlined by CCA (1974). I outlined in my communications that I would give until September 3rd for them to collect this vehicle and also offered to take the vehicle to an agreed location at the cost of fuel.

    I received a letter from Customer Relations outlining that they would waiver £150 collection fee as a gesture of goodwill but I would need to pay this first then claim this back by calling 'Janet'. Again, I communicated my standpoint on this fee (29th August 2019) and advised that I was not obligated to pay and reminded the company of the deadline to collect this vehicle. I extended the collection date by 7 days giving the company 28 days in total to collect the car. New collection date 10th September 2019.

    2nd September 2019 - I received two phone calls from 'Janet', one which I answered and explained my preferred method of contact as outlined in my first correspondence with the company. The response I received from the advisor was "but I only have a quick question". As you might agree, regardless of the information being shared, my preferences should be adhered to. Instead I felt unheard, inconvenienced and disrespected. This was raised by myself as a further complaint dated 2nd September and 4th September however I received no acknowledgment of this or further communication.


    2nd September 2019 - I received a letter from Customer Relations outlining the above and once again asking for £150 to be paid by me and then reimbursed through 'Janet'. Complaint was raised again. I received an email (although they previously stated they would never email me) on 6th September highlighting my complaint was being processed and I would be communicated the outcome within 28 days.

    I received no further communications from this date. I emailed Customer Relations on 10th September 2019 to advise that the collection date was due and I would extend this to midday 11th September 2019 if the company could get in contact about collection. On 12th September, as I had no communication, I contacted DVLA and changed the registered keeper details to Barclays and also cancelled road tax and insurance. I contacted Barclays on this day to advise of this. I still received no further communication or acknowledgement. On September 23rd I called Barclays to be advised that someone from the Recoveries team should have been in contact with me to arrange collection however this process was halted because I changed the details. I had to relay information about how the collection fee was to be waivered and why legally I am not obligated to pay this. I was advised to call back the following day as there were no updated notes on my account of any correspondance I had had and they would need to speak to a manager to get clarity. I called September 24th to be told similar information and to call back the next day to find out what recovery company might be allocated. I was advised on this call that my account has a collection date of 1st October so collection should be in place by this time. The car was collected on October 3rd 2019 by Anglia UK. I must add that I received no correspondence from Barclays about state of my car and their assessment of it but no really bothered by it.

    October 4th - I received a letter stating that I had missed 2 payments, one for September and one October 2019 and this has incurred late payment charges.

    October 7th - I phoned Barclays to be told by an advisor that this information is not reflected on my account and the only outstanding charge is £150 collection fee. I spoke with this person about receiving communication that states this charge was waivered as a sign of goodwill by Customer Relations and that I am also not legally liable to pay this so this should not be showing on my account to be paid. I was told to call back another time when this information was updated and to disregard this letter and to assume I have no outstanding charges. I submitted a complaint on 14/10/2019 outlining this and asking for my account to be updated and to remove the outstanding £150 fee as this has impacted my credit score.

    24/10/2019 - £50 received from Barclays into my bank account - no communication why but no surprise for the lack of.

    31/10/2019 - Received letter advising the outcome of my complaint. This outlined that I will receive compensation for the 'distress and inconvenience caused' and they have removed the outstanding balance of £150 which leaves my balance at zero and my account closed. It also outlined that the reason everything was halted was because I requested to be written to and a 'telephone conversation would have been quicker and more efficient'

    12/11/2019- I called Barclays as I my credit score details a £150 missed loan payment still outstanding but my original account was closed. I was told my account was closed by them and I would receive a letter detailing my payments and authorisation of this closure and the removal of £150.

    Overall I am disappointed in a company that prides customer care and whose purpose is to "work together to help people rise" that I was put in a position of frustration and upset due to a clear lack of internal working systems and communications. It was clear on every call that no advisor was aware of any updates internally or external communications from me as they often had to ask a manager for support and clarity. I was then expected to call back for this information and incurred the same experience. As a customer who has communicated every movement of this vehicle I am dissatisfied that I did not receive the same respect back and felt they did not acknowledge or take any responsibility but blamed me for my choice of communication as the reason why everything was halted. I would now be very hesitant to use this company again.




    Tags: None

  • #2
    It's good to see you persevere with this, Barclays are indeed one of the more notorious lenders and don't really care for what you say most of the time. I agree with you, it's irrelevant whether or not a quick phone would be more convenient, the fact is that your preferred method of correspondence was writing and that should be respected - it's easier to prove what was said when it is put to writing than something said in a telephone call and I don't think they can shift the blame since it was their lack of response that led you to doing what you did.

    Have they given you compensation or is that what the £50 was for?

    Obviously it is entirely up to you, but the fact that they marked your credit file despite saying that they would waive/remove the £150 collection fee would be grounds to bring a claim for breach of the GDPR for failing to keep records accurate and up to date (possibly negligent statement too), and there have been case where compensation has been awarded in the £750 region though I don't think it is unreasonable for you to claim somewhere around the £1,000 mark given their deliberate actions of reporting a missed payment, which is false and misleading.

    Of course, I would completely understand if you didn't want to pursue anything further and the main thing is that this has been resolved. Do keep an eye on your credit file on the next update, I had a similar issue with Santander when they assured me it would be removed and then failed to remove it.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Hi Rob,

      Yes £50 was compensation.

      How would I go about actioning a claim for breach of GDPR - would I need to go through ICO?

      Thanks
      Heather

      Comment


      • #4
        Well for starters you might want to gather your evidence and if your credit file hasn't been updated yet, get a copy of your credit report showing the negative entry as you would need that as proof.

        To kickstart any claim you would need to write a letter before claim under the new Pre-Action Protocols for Media and Communication claims (link here). Helpfully, the Protocols give some guidance on what should be included in a data protection claim at paragraph 3.4.

        Obviously if you can't reach any agreement before expiry of the date given in your letter of claim, then the next steps would be to commence legal proceedings and then go from there. You will need to pay a issue fee and that depends on how much you are claiming - I've set out the current fees below. However, you don't have to bring legal proceedings for the amount of £1,000 or even £750, you could sue for something less than that but it is your choice. There is also an hearing fee if you want the case to go to a hearing too but again depends on how much you are claiming.

        Click image for larger version  Name:	Court fees.png Views:	1 Size:	83.6 KB ID:	1497493
        Last edited by R0b; 14th November 2019, 15:15:PM.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X