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on 08/01/2018 I gave Barclays notice that I wish to terminate my HP Agreement with them. I refused to sign there paperwork that they sent me as it states "The debtor understands that the vehicle will be inspected in line with BVRLA guidelines, the debtor will remain liable for any repair cost incurred should the vehicle not meet these standards and the costs will need to be paid by the customer prior to their liability to Barclays Partner Finance being cancelled".
They then refused to accept the termination unless this document was signed. Eventually this was passed to there Stage 2 Escalation Team who refuse to speak with me every time I call. Today will have been 3 weeks since I gave them notice in writing and by phone yet they keep saying my agreement is not yet terminated and that I still have to make monthly payments otherwise I will Default. I have send 7 letters by email and also copies by post and all they keep saying is they have 40 days to get back to me so are just refusing to help me on the phone as apparently there is no update from the complaint handler and he never seems to be there when I ask to speak with him and never calls me back when they say he will. Also they refuse to give his direct email address.
I handed the car back this morning to my local Manheim Auction and was advised an inspection will be carried out at a later date and sent to Barclays. However what now worries me is that my next monthly payment is due tomorrow and I have cancelled my direct debit and they are now saying that I will Default if I don't make the payment tomorrow. They are also saying that if there are any damaged outside BVRLA's guidelines for Wear and Tear then I must pay these charges in full before they will accept the agreement otherwise my account will keep Defaulting each month and this will affect my credit score. Based on the BVRLA guidelines I don't think there is going to be any charges as the car is in good condition but this still concerns me that I am going to Default all because they are refusing to reply to my letters, emails and phone calls and have dragged this process out over 3 weeks when it could have been resolved with in a few days if this so called complaint handler would actually reply to me instead of just saying "We have 40 days to try and resolve the issue" because that's 40 days of paying Tax & Insurance that I should not have to do when I have terminated the agreement. Also if 40 days passes, that will then be 2 defaults on my credit score.
I really need help with this, I have spoken with CBA & the FCA, both of whom were very unhelpful as they don't seem to know the correct legal processes around this so any advice form yourselves would be really appreciated.
Many thanks
Mick
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R0B
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#2
Today, 19:55:PM
Hello,
Barclays seem to be making a habit of this and being quite aggressive in saying that they won’t accept your notice of termination unless you agree to sign their paperwork.
Quite frankly, the right to terminate the agreement under section 99 of the CCA is a unilateral one. In other words, it does not require Barclays’ consent to accept your notice of termination before the agreement comes to an end nor is there anything legal provision within the CCA that says termination is subject to the lender accepting your notice.
I’d be inclined to suggest that Barclays are acting aggressively and in breach of the Consumer Protection from Unfair Trading Regulations 2013. They have no legal right to force you to continue paying the monthly instalments nor can they issue a default for non-payment if you have already paid 50%.
You should make make a formal complaint about their conduct and the way they have acted in this particular situation. If they have ignored you then you might want to suggest that they offer compensation as a result of the aggressive threats and stress that this process has caused you. If they have been aggressive over the phone threatening defaults you might also wish to make a subject access request for those recorded phone calls which you can pass on to Trading Standards.
Hi Rob
Thanks for your swift reply.
I will draft a letter tomorrow and forward it to them as per your advice.
So far every letter I have sent them has originated from your template letters which I got from other similar posts on this website. Out of the 9 advidors and 3 managers I have spoken with, only one advisor whom I spoke with 2 days ago knew and agreed with the correct legal process. However as all the others over the past 3 weeks didn't , thats why the complaint got escalated to such a high level. Because when I challenged advisors based on the information I have gained from this website, none them could give me an answer and eventually admitted they only know the Barclays process but not the actual law surrounding the process .
I'm starting to feel my complaint handler is also having difficulty with answering the information and questions I have put to him, which is why it's been three weeks and he still won't discuss my complaint with me by phone or email and advisors just keep saying when I call "there's no update yet".
I have sent them 6 or 7 letters all based on information i have gained from this website and it seems to have Barclays advisors not knowing how to respond as clearly they are not trained well enough to know the laws that surround the issues they are paid to deal with to, the point they are now threatening me instead of actually helping resolve the issue in a reasonable way.
Anyway thanks again for your advice. Its really appreciated. I'll send a letter tomorrow like you suggested requesting a SAR's and hopefully I'll get a response this time. I won't get my hopes though. Looks like I'm going to be pulling whats left of my hair out with stress for another 5 weeks until this can be referred to the financial ombudsmen lol.
thanks again rob
