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Barclays partnership finance PCP dispute

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  • LBoot1694
    replied
    Thank you so much for this. I have sent it off to them, hopefully they leave me now.

    Can you just explain the whole sellinng if the vehicle to me? What do I have to do if they haven’t collected it within 14 days?

    Thanks

    Leave a comment:


  • R0b
    replied
    I've attached an example based on your original draft, there's a few things you need to insert as highlighted as I don't know the answers. Please note it isn't perfect but an example of how you might respond to to DWF.

    I also added the point about writing to the Financial Ombudsman and also the FCA which I really think you should do regardless of the outcome of this dispute. It's absolutely appalling that Clydesdale are being threatening in this manner and I think the FCA should know because they are in breach of their obligations which may or may not be given a sanction of sorts.
    Attached Files

    Leave a comment:


  • LBoot1694
    replied
    Thank you. It’s not as you advised as I wrote it before I read to split it into separate headings.

    Leave a comment:


  • R0b
    replied
    Morning, I'll have a look at this and get back to you with any feedback, probably early afternoon

    Leave a comment:


  • LBoot1694
    replied
    I have just written this rather quickly -

    Firstly, I would like to start by highlighting that I did not enter a fixed sum agreement with Clydesdale Financial Services on 10th July 2014. This was a PCP agreement, hence my legal rights to terminate the agreement.




    I am shocked at your inability to follow pre action protocols for debt claims. I most certainly have received now other correspondence from DWF in relation to this debt recovery claim.




    I am confused as to which clause in the agreement that I have allegedly failed to comply with on 11th December 2018.




    The PCP agreement was terminated on 21st May 2018 by myself, requesting that Clydesdale Financial Services collect their vehicle within 14 days of that letter. I consequently received an acknowledgment on 1st June 2018, advising that to settle the PCP agreement I had to pay £0.




    However, on the over leaf of the letter, it was the wish of Clydesdale Financial Services that I signed and agreed to their prewritten termination agreement, which manipulated my legal rights as a consumer. As you will be aware, I am under no legal obligation to pay any further charges to return the vehicle, under section 99 of the Consumer Credit Act 1974, following my termination of the PCP agreement. It is in my view that 14 days was a reasonable amount of time for their vehicle to be collected.




    My legal obligations were highlighted by Clydesdale Financial Services themselves in this letter, which only included paying 50% of the total amount payable.




    It makes no logical sense that I have allegedly breached a clause in this agreement, 29 weeks and 1 day following my termination of the agreement.




    I have still not received any correspondence advising why the car has not been collected and I deny liability to continue taxing and insuring a vehicle I do not own at my own expense, 29 weeks and 1 day after I had terminated the agreement.




    The arrogant and threatening manner in which I have received this letter is indisputable. I will not accept scaremongering as a reasonable course of action. I am concerned this is an ill attempt to take advantage of an individual you assumed had no legal knowledge. I am aware this is a breach of your SRA codes of conduct. I will be considering legal action following this due to the malicious prosecution of civil proceedings and harassment.




    I am further concerned that a negative marker has been placed in my credit file, which is a breach of the General Data Protection Regulations, principle D, as you have failed to record accurate information in regards to myself. I have never missed a payment for this vehicle and I owe Clydesdale Financial Services no further payments. I expect that this will be rectified immediately.




    I wish to file a formal complaint in regards to yourselves and your client and I will require the necessary information to allow me to pursue this.




    I look forward to your response in writing.


    Firstly, I would like to start by highlighting that I did not enter a fixed sum agreement with Clydesdale Financial Services on 10th July 2014. This was a PCP agreement, hence my legal rights to terminate the agreement.




    I am shocked at your inability to follow pre action protocols for debt claims. I most certainly have received now other correspondence from DWF in relation to this debt recovery claim.




    I am confused as to which clause in the agreement that I have allegedly failed to comply with on 11th December 2018.




    The PCP agreement was terminated on 21st May 2018 by myself, requesting that Clydesdale Financial Services collect their vehicle within 14 days of that letter. I consequently received an acknowledgment on 1st June 2018, advising that to settle the PCP agreement I had to pay £0.




    However, on the over leaf of the letter, it was the wish of Clydesdale Financial Services that I signed and agreed to their prewritten termination agreement, which manipulated my legal rights as a consumer. As you will be aware, I am under no legal obligation to pay any further charges to return the vehicle, under section 99 of the Consumer Credit Act 1974, following my termination of the PCP agreement. It is in my view that 14 days was a reasonable amount of time for their vehicle to be collected.




    My legal obligations were highlighted by Clydesdale Financial Services themselves in this letter, which only included paying 50% of the total amount payable.




    It makes no logical sense that I have allegedly breached a clause in this agreement, 29 weeks and 1 day following my termination of the agreement.




    I have still not received any correspondence advising why the car has not been collected and I deny liability to continue taxing and insuring a vehicle I do not own at my own expense, 29 weeks and 1 day after I had terminated the agreement.




    The arrogant and threatening manner in which I have received this letter is indisputable. I will not accept scaremongering as a reasonable course of action. I am concerned this is an ill attempt to take advantage of an individual you assumed had no legal knowledge. I am aware this is a breach of your SRA codes of conduct. I will be considering legal action following this due to the malicious prosecution of civil proceedings and harassment.




    I am further concerned that a negative marker has been placed in my credit file, which is a breach of the General Data Protection Regulations, principle D, as you have failed to record accurate information in regards to myself. I have never missed a payment for this vehicle and I owe Clydesdale Financial Services no further payments. I expect that this will be rectified immediately.




    I wish to file a formal complaint in regards to yourselves and your client and I will require the necessary information to allow me to pursue this.




    I look forward to your response in writing.




    Leave a comment:


  • R0b
    replied
    Include as much or as little as you want, though it might be helpful to outline your response by splitting it into two headings: their client's claim and your counterclaim. That way you are not overlapping or criss-crossing between the two and ensures that your response is clear.

    Do remember, if you intend on including anything I've said above, you will have to put it into suitable sentences and do not try to be overly aggressive with your response a sit doesn't help either side.

    The pre-action protocols is a key point that should be included as it puts them on the back foot and will have to explain why they never complied with it at all. You could even suggest in your letter that you seek their confirmation that they will refrain from issuing proceeding until they have properly complied with the pre-action protocol for debt claims. If they decide to go ahead and issue a claim then it is up to you to either make an application to stay the claim whilst they comply (and seek the cost of the application) or just go ahead and file a defence / counterclaim.

    One other thing you could include in your response is an application for summary judgment. Again this costs you and there is a potential risk of paying costs of attendance if you lose but I couldn't see how Barclays have any claim especially when you have evidence that they acknowledge receipt of your termination letter and further confirmed that the outstanding balance is zero, but to then claim that they are suddenly owed over £4,000 is somewhat strange.

    Leave a comment:


  • LBoot1694
    replied
    Thank you for this, it’s very helpful to know, not only because it confirms my thinking but also because I had not picked up on the things you have.

    I wilk write a response now and post up asap, I’ll get it emailed over to them - I have sent a letter outlining as and when I terminated the agreement etc, however I’ll send it again via email to make sure it arrives before the 4th anyhow.

    Should I include all you’ve said RE the breach of pre action protocols?

    Thanks again.

    Leave a comment:


  • R0b
    replied
    Hello,

    Apologies I've not replied, due to holidays and all.

    A lot of errors in DWF's letter there. First of all they suggest it was a fixed sum agreement and if that were the case, there would be no terms and conditions that require you to tax the car because the car would belong to you. Plus the option to VT would not be available either. They haven't pointed out what clause in this supposed agreement that you've breached.

    Second, they have also failed to comply with the pre action protocol for debt claims. DWF should be well aware of the protocols and you could say that it seems their failure to comply and threats of legal action could be an attempt to take advantage of someone without legal knowledge, in breach of their SRA codes of conduct.

    Third, you could robustly defend their allegations based on what you've got so far I.e. the agreement t terminated way back in 2018 before this alleged breach occurred. Barclays have no claim at all in my eyes and you could also propose to counter claim against Barclays for malicious prosecution of civil proceedings as well as harassment.

    It really depends on how you want to play this out but my view is that you do need a robust response.

    Is there an email address on the letter so you can reply to them by email?

    If you haven't already, I would suggest you start drafting a response based on the reasons why you deny any liability and post a draft of it up on here.

    Leave a comment:


  • LBoot1694
    replied
    Here’s their correspondence, I can’t find any other letters about the breach, but we wasn’t discharged from
    hospital until the 01/11/18, so it could be anywhere.
    Attached Files

    Leave a comment:


  • LBoot1694
    replied
    Hi Rob,

    so the letter is as follows:

    “On 10th July 2014 you entered a into a fixed sum agreement referenced above. In breach of the terms of the agreement, you failed to insure and MOT the vehicle. On October 15th 2018, our client sent a default notice to you in accordance with section 87 (1) of the Consumer Credit Act 1974, demanding that you remedy the breach in relation to the agreement. Due to your failure to remedy the breach, the agreement was terminated on 11 December 2018.

    Our client has instructed us to recover the goods from you unless you discharge the balance outstanding on the agreement in full within the next 14 days.

    as the agreement is regulated by the consumer credit act, our client cannot repossess the goods without a court order, expect with your written consent. If you are prepared to consent to the repossession of goods, please complete and return the attached voluntary surrender form”

    yes, I definitely paid the 50%, they sent me a letter back advising I owed them £0 to voluntarily terminate on 01/06/2018. I’ve had no correspondence for why they haven’t collected the car though.

    Am am I able to send images of the correspondence?


    Leave a comment:


  • R0b
    replied
    So just to clarify, you paid 50% of the total price?

    It would be helpful to see thecorrespondence from DWF to understand what they are arguing.

    So long as you've paid half the total price, there isn't anything they can do about any breach of tax. If Barclays have marked your credit account the only real way is to take them to court over it.

    Leave a comment:

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