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Barclays partnership finance PCP dispute

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  • LBoot1694
    started a topic Barclays partnership finance PCP dispute

    Barclays partnership finance PCP dispute

    Hi,

    i temrinated a PCP agreement on 21st May 2018. This was acknowledged and I received a response from Barclays on 1st June 2018 advising that I owed £0, but they had sent a pre written termination agreement on the overleaf which basically manipulated my legal rights as a consumer. Therefore, I obviously didn’t sign it.
    My temrination letter advised that I was ending the agreement and it gave them the address and 14 days to collect the car.


    Without getting too personal, I had some pregnancy issues and remained in hospital for quite a significant amount of time, to which my son was born and he then stayed in hospital due to ill health, therefore it wasn’t really a priority of mine.

    Therefore, this has literally been the last thing on my mind. However, I received a letter the other day from DWF solicitors who advised that I had failed to rectify a breach (tax and insurance) on the vehicle and that Barclays had ended the agreement on 11th December 2018 and that they were advising signed the paper work to have the car repossessed.

    Ive responded, advising that I have fulfilled my legal obligations (they outlined these themselves their response letter that I was obliged to pay 50% of the total amount payable) and that I was unhappy with the marker on my credit file, further advising them that this was a breach of principle D of the GDPR regulations, as the information was inaccurate. I’ve advised that they come and collect the car still and I’m holding my stance with them, but I just wondered if I was in my rights to do this?

    Thanks in advance.
    Tags: None

  • LBoot1694
    replied
    Good Morning, Jonathon.


    I have made quite clear on numerous occasions to yourselves that the vehicle is available for collection. I have provided you with all the details you need to be able to do this.

    I am finding it difficult to understand the relevance of your question. I have given you an opportunity to offer a settlement in my previous correspondence, due to the evidenced concern that your client has committed a repudiatory breach and again you appear to have disregarded the situation and the seriousness of this has been seemingly been ignored. There are also two separate breaches of GDPR which I have raised with yourselves, however I fail to remember a satisfactory response.

    I am unable to emotionally continue in this dispute with yourselves and my next step will be to issue legal proceedings without any further formal warning, I feel there has been enough opportunity to settle this outside the legal arena, however for reasons unknown to me, your client has failed to act on these opportunities.

    Kind regards,

    Lauren

    i sent end this email 26/03 and I’ve still not have any response yet, Rob!

    Leave a comment:


  • LBoot1694
    replied
    Hi Rob,
    i have just ignored it ‘calling their bluff’.

    Leave a comment:


  • R0b
    replied
    So did you respond to the initial request for confirmation or have you ignored them?

    Leave a comment:


  • LBoot1694
    replied
    Dear Miss Boot

    I refer to my email below.

    Could you please let me have your response.

    Regards



    I havent responded to them, shall I just wait until they’ve sent something a little more substantial or does it make me look bad ignoring them?

    Leave a comment:


  • LBoot1694
    replied
    Thanks Rob, I will put something together in the morning and post my response.

    The only way to settle that now is through a third party as I’ve filed for a non molestation order which will be heard next week. We’re shifting over to different law now however it’s not even deemed safe for me to contact them anymore.

    You can probably imagine the state of the situation I’m in and what it’s costing, the very last thing I want to be doing is settling this as well so I will literally let it go down to the wire if. There’s nothing stopping them collecting the car still, the person who has it has also said ‘the only people collecting it are Barclays’ to them and myself.

    We seem to be out the 14 day time scale for the second time now!

    Leave a comment:


  • R0b
    replied
    You could make an attempt to skirt around the question given the current situation and respond by saying something along the lines of, you fail to see the relevance of the question you are asking. As per your previous correspondence, the issue is that their client has committed a repudiatory breach and, despite inviting them to make an offer of settlement, they appear to have disregarded the position.

    You could make a further request and if not substantive response is forthcoming then your next step will be to consider the commencement of legal proceedings against their client for repudiatory breach without further notice to them.

    Of course you need to be careful how you approach it because you will need to decide how far you want to take this. You've reserved your position on commencing legal proceedings, so if you don't follow through with it then they may not take you that seriously. Alternatively you could simply keep avoiding further correspondence and call their bluff as to whether they will issue proceedings against you and take it from there.

    Ultimately, you still need to resolve the car issue if you can.

    Leave a comment:


  • LBoot1694
    replied
    Dear Sir or Madam,



    Re: Your client’s alleged debt claim



    I am writing with reference to your letter received with the above identification number and my response to that letter is set out below.



    Your client’s claim

    In short, your client’s claim for breach of contract is denied in its entirety. It is accepted that I entered into an agreement with your client but it was not a conditional sale agreement as wrong alleged again, rather it was a personal contract purchase agreement.

    Turning to the issue of the default notice that your client supposedly issued on 15 October 2018, advising that the account had gone in arrears, this was never received and I therefore ask that you provide a copy of that default notice. In any event, your client’s default notice was ineffective and, for the reasons below, your client also did not terminate the agreement on 11 December 2018.



    I also require a detailed account from yourselves describing what these arrears allegedly are and how you believe they have occurred.



    I will explain that I was situated in the Leicester Royal Hospital for many weeks throughout September until the end of October, however on my return home, this apparent breach was not received. I have no reason to believe this letter would not have been at my home address on my return.



    On 21/05/2018 I wrote to your client exercising my right to terminate the agreement pursuant to Section 99 of the Consumer Credit Act 1974 (the “Act”). The contents of the letter stated that the agreement was to be terminated effective immediately and required your client to collect the vehicle within 14 days from the date of the letter, from the address provided.



    Accordingly, upon termination of the agreement in accordance with Section 99 of the Act, my liability under Section 100(1) is limited to one half of the total price payable only. Furthermore, Section 173 of the Act confirms that any contractual term which is inconsistent with the provisions of any rights or remedies under the Act shall be deemed void and unenforceable.



    On 01/06/2018 an acknowledgment of my letter was sent by your client confirming that I had paid one half of the total price and there was zero balance to pay. In the circumstances, your client cannot deny that it received my termination letter nor could it have terminated the agreement on 11 December 2018 as it was already terminated some months earlier.



    With regard to the vehicle being in my possession, your client has taken no steps to contact me to make arrangements for the collection of it which is why the payments for the vehicle were stopped. Any obligation to continue paying were discharged when the agreement was terminated on 21/05/2018. The vehicle continues to remain in my possession and your client is free to contact me to make arrangements for a suitable date and time to collect it. If I do not hear from your client by 19/03/2019 , I will consider issuing a notice of intention to sell the vehicle pursuant to Section 12 of the Torts (Interference with Goods) Act 1977.



    Counterclaim

    For the reasons already mentioned, it is my view that your client’s claim is at best hopeless and there is no merit whatsoever. Therefore, if your client insists on pursuing me, I will have no choice but to counterclaim for malicious prosecution of civil proceedings together with harassment. I will also consider, if appropriate, to make an application for summary judgment and seek all costs incidental to any application or counterclaim.



    I am considering damages in reference to this dispute. The impact of the persistent harassment from your client has led to increased and unnecessary stress, following what has already been a personally traumatic 9 months. The contractual termination is somewhat simple and I am struggling to understand why your client is reluctant to accept this.



    My claim would be in reference to the loss of bargain and any further pursuit from your client will result in me requesting transfer of ownership of this vehicle or the option to purchase the price in lieu, the latter would have been optional if this contract had been properly performed. I am within my legal rights to pursue this as your client has actually committed a repudiatory breach.



    It is concerning that you have failed to give a legally binding reason for why the termination of this contract was not accepted and my assumption is that this is because you are not in a legal position to be able to refuse the termination. My right to terminate this agreement under section 99 of the Consumer Credit Act is a unilateral one. I disagree that I was legally liable to sign the manipulative termination letter sent by your client, when I had in fact sent a completely acceptable termination letter myself. I therefore request you explain this decision with reference to the relevant legal frameworks, as any contractual obligations were void as from 21/05/2018.



    The information needed to retrieve the vehicle was clearly provided in my termination letter, dated 21/05/2018. I am completely flabbergasted that your client has made no further attempts to contact myself to collect their vehicle, nor have they understood the consequences of this repudiatory breach by wrongful termination. I should not be in such a position and I will raise this concern in a legal arena.



    I should also make you aware that I am further concerned that your client has placed an adverse marker on my credit file, as evidenced via Experian, in connection with this dispute. This is clearly a breach of the General Data Protection Regulation as the adverse marker is both inaccurate and misleading. I am therefore considering taking further action against your client for compensation unless it immediately removes this adverse marker within the next 7 days. You have previously advised that I take up this concern with your client personally, however you have advised me that all correspondence is to go through yourself. For the avoidance of doubt in the legal arena, I request that you raise this concern as a matter of urgency with your client and respond to myself accordingly.



    In summary, your client has, quite frankly, conducted itself in an aggressive and appalling manner. I reiterate my point that your client has committed a repudiatory breach. I am accepting this breach and understand that my obligations and liabilities under this agreement are now extinguished as a result.



    I have made a formal complaint to the Financial Ombudsman Service as well as the Financial Conduct Authority in respect of a number of breaches of rules under the Consumer Credit Sourcebook.



    I trust this clarifies my position and I look forward to hearing from you in due course confirming that your client has decided to not pursue this groundless claim.



    Yours faithfully,





    Lauren Boot.

    Leave a comment:


  • LBoot1694
    replied
    I will post up the reply in a second, it was basically what you have written the first time however I tweeked it to include what you had advised.

    I haven’t replied to that one, no, not quite sure how to go ahead with it.

    Ive submitted the request yes, may have those returned today actually.

    Leave a comment:


  • R0b
    replied
    So what exactly did you say to them since my last post #38?

    Have you responded to that email?

    Have you sent a subject access request to Barclays?

    Leave a comment:


  • LBoot1694
    replied
    Hi Rob,

    I didnt reply to that one - they’ve just sent me this.


    Dear Miss Boot

    Further to my email below, can you confirm for the record that you are still in control and possession of the vehicle?

    I look forward to hearing from you.

    Regards

    Leave a comment:


  • R0b
    replied
    So what did you say to them?

    Have they switched lawyers (internally)?

    Perhaps they may be taking you more seriously.

    Leave a comment:


  • LBoot1694
    replied
    Dear Miss Boot

    Thank you for your email below.

    I now have conduct of this matter. I am taking my clients instructions and will come back to you as soon as possible.

    Regards



    This is their response in full.

    Leave a comment:


  • R0b
    replied
    You would be wise to submit a subject access request to Barclays and ask for all information they hold on you including account notes, account summary and letters or notices sent out to you. This seems to be an underhand tactic by Barclays which for some reason I have no idea why - I would be amazed if this was run past their legal team and approved because they must surely know they are on to a loser. I suspect its likely to come from some debt collection manager who thinks that using a firm of solicitors might frighten you into paying up, which could in fact backfire and result in them walking with their tail between their legs.

    If it were me, I would be thinking carefully what you are going to say next and I wouldn't rush into responding back to them in a hasty fashion because, get it wrong, you could still be held liable for the car. Your ideal situation is to extinguish all liabilities under the agreement and put you in pole position, assuming that's what you want to do.

    DWF have referred to arrears but have failed to actually describe what these arrears are, so that's the first thing you would want to know along with a copy of that default notice. Barclays used to (and possibly continue to) run the argument that you should still be required to make the monthly instalments until the vehicle was collected and if that is what they are relying on, I think it's a very very poor one.

    You are right, you gave notice to terminate the agreement some 5 months earlier, you received a notice confirming receipt and an outline that it was reasonable to assume that Barclays had accepted your notice of termination. It seems, however, that they have rejected your statutory right to terminate albeit without any justifiable reason and instead, have sought to terminate the agreement themselves based on alleged arrears.

    If I was in the position you were in, I would be thinking of replying along the same lines as what was already responded to, together with an explanation of the arrears with a breakdown, and a copy of the default notice. If you are serious about defending yourself on this, you should consider re-iterating the fact that the right to terminate under Section 99 of the CCA is a unilateral one and Barclays had no right reject it without any lawful basis. It might assist for you to explain that you were in hospital in October last year and upon your return no default notice was received in your pile of post. I would likely repeat the above that, by implication, Barclays have committed a repudiatory breach and you are accepting that breach which extinguishes your obligations liabilities under the agreement.

    You could further suggest that you are now considering damages which includes loss of bargain and invite DWF to make an offer of settlement. Further pursuit of the matter by Barclays will result in a counterclaim for the transfer of ownership of the vehicle or the option to purchase price in lieu, either of which would have been the position had the contract been properly performed.

    I guess now, the question is whether you want to pay up still which would be considered an admission of liability, or defend it and see what DWF's response is going to be; call their bluff and see what happens. Your alternative argument to repudiatory breach is that the agreement nevertheless terminated in May, not October so there is no cause of action for breach of contract.

    Leave a comment:


  • LBoot1694
    replied
    Nope, the default notice I’ve got I had to ask them to post out ‘again’. They’re claiming they sent that in October. Like I say, I was in hospital for the whole of October with a poorly baby, however my house was unoccupied so I can’t see why I wouldn’t have seen that letter when I returned. It’s not like I opened anything that would have been more important than a letter as such either. That letter also says Id breached contract by failing to tax and MOT, not that I’d allowed the account go into arrears.

    Its all a massive mess - I don’t know what they’re trying to do. I terminated this agreement in May 2018, why would they be claiming that 5 months after sending me a letter advising I owed £0?

    I will I’ll email them again, advising them I don’t accept what they’re saying. To be honest, they don’t seem to know what they’re doing?!

    Leave a comment:

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