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CCA question resulting from Barclays PPI claim
Hi all
I'm new here so please be gentle with me!
I've been reading the forums and stickys and seem to have created more questions than I started with... so I'll start with the major one:
After finding MSE I decided to tackle my outstanding debt and financial situation.
Background:
£22k unsecured debt, mainly £11k with Barclays on a 2004 loan, and 2 x £5k credit cards with Barclays, also pre 2004.
Unable to meet payments so all accounts are in default and I am paying them off through the CCCS. I'm fending off the DCA's quite well with the CCCS payments and all interest charges have stopped, although Mercers and Calders occasionally try their luck... but when I call them to dispute my accounts have magically referred back to Barclays!
(Note to all - I've now realised my stupidity and I'm climbing the debt-free mountain
)
I sent off the MSE letter to Barclays re my loan asking for "a copy of my original loan agreement".
They have supplied me with a printed loan agreement with all of the particulars, i.e. loan amount, interest and PPI, but this is not signed by either party (It looks fresh off the old laser-jet)
I then sent them the standard letter claiming misselling of PPI due to a number of reasons.
Having read this forum I've now started thinking about the CCA, and I think I know the answer but would like some opiion/clarification on:
1. Should I have asked for a "true copy" and not just "a copy"? Were they right to provide what they did?
2. If so, I guess I should now chase them for the true copy with my signature?
3. What exactly is a true copy, is this a photocopy? (I mean - how can I tell if it is correct?)
4. If they cannot provide a true copy of the agreement, does this mean I should go straight to the Ombudsman to claim the PPI back?
5. And the biggie: if they cannot provide a true copy, does this mean I can apply for the oustanding amount to be quashed due to unenforceability?
(I have made enough payments so that the original loan amount has been paid, from here on in it's all interest payments. I know the loan doesn't work like that but from my point of view I've paid them back.)
Apologies for the length, I thought some detail would help.
Thanks in advance for any support or advice
I'm new here so please be gentle with me!
I've been reading the forums and stickys and seem to have created more questions than I started with... so I'll start with the major one:
After finding MSE I decided to tackle my outstanding debt and financial situation.
Background:
£22k unsecured debt, mainly £11k with Barclays on a 2004 loan, and 2 x £5k credit cards with Barclays, also pre 2004.
Unable to meet payments so all accounts are in default and I am paying them off through the CCCS. I'm fending off the DCA's quite well with the CCCS payments and all interest charges have stopped, although Mercers and Calders occasionally try their luck... but when I call them to dispute my accounts have magically referred back to Barclays!
(Note to all - I've now realised my stupidity and I'm climbing the debt-free mountain
) I sent off the MSE letter to Barclays re my loan asking for "a copy of my original loan agreement".
They have supplied me with a printed loan agreement with all of the particulars, i.e. loan amount, interest and PPI, but this is not signed by either party (It looks fresh off the old laser-jet)
I then sent them the standard letter claiming misselling of PPI due to a number of reasons.
Having read this forum I've now started thinking about the CCA, and I think I know the answer but would like some opiion/clarification on:
1. Should I have asked for a "true copy" and not just "a copy"? Were they right to provide what they did?
2. If so, I guess I should now chase them for the true copy with my signature?
3. What exactly is a true copy, is this a photocopy? (I mean - how can I tell if it is correct?)
4. If they cannot provide a true copy of the agreement, does this mean I should go straight to the Ombudsman to claim the PPI back?
5. And the biggie: if they cannot provide a true copy, does this mean I can apply for the oustanding amount to be quashed due to unenforceability?
(I have made enough payments so that the original loan amount has been paid, from here on in it's all interest payments. I know the loan doesn't work like that but from my point of view I've paid them back.)
Apologies for the length, I thought some detail would help.
Thanks in advance for any support or advice
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