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  • #31
    Originally posted by Roger View Post

    Simply put the reason for the consolidation was known and approved by Barclays (at the Phone) no doubt recorded and therefor available! The money made available for that express purpose!
    I am not quite sure how relevant that is at this stage, if at all. It is different to Barclays rolling up all your debts together and selling them on.
    I guess, if Barclays knew it was consolidation and did not actually make the payments there may be an argument for irresponsible lending but that would be something for Jo or Di to talk about.

    This particular debt is a long way off a claim although if I am honest I think a claim will be forthcoming at some point but if there is a defence Jo would know how to find it

    Comment


    • #32
      Originally posted by Warwick65 View Post

      I am not quite sure how relevant that is at this stage, if at all. It is different to Barclays rolling up all your debts together and selling them on.
      I guess, if Barclays knew it was consolidation and did not actually make the payments there may be an argument for irresponsible lending but that would be something for Jo or Di to talk about.

      This particular debt is a long way off a claim although if I am honest I think a claim will be forthcoming at some point but if there is a defence Jo would know how to find it
      The Diary's are always worth reading gems and nuggets in Florida Jens Case the upgrading of lending by Barclays into a Consolidated Loan.
      https://www.all-about-debt.co.uk/for...054#post840054

      Comment


      • #33
        Without knowing more details it seems to me that is not relevant .
        ​​​​​​I am sure Jen will correct me if I'm wrong but this loan seems it may have been a loan to consolidate multiple debts from multiple lenders.

        Additionally that post was written 8 years ago and was about HSBC and a whole lot has changed. HSBC are known for rolling multiple debts I to one account prior to sale

        This is why I am so careful about offering opinions. Every case is different and everything needs reading in context.

        Comment


        • #34
          Originally posted by Warwick65 View Post
          Without knowing more details it seems to me that is not relevant .
          ​​​​​​I am sure Jen will correct me if I'm wrong but this loan seems it may have been a loan to consolidate multiple debts from multiple lenders.
          Additionally that post was written 8 years ago and a whole lot has changed.
          This is why I am so careful about offering opinions. Every case is different
          The date of this Loan Jan 2013 ; Niddy's Blog entry March 2013
          Debt 6 last one the biggy
          • Type of account (credit card/loan) Barclayloan
          • Date commenced (ideally before Apr 2007) Jan 2013
          • Approx balance. £18,500
          The Blog referenced was dated
          14th March 2013

          The debts Barclays consolidated in the Loan

          See #25 https://www.all-about-debt.co.uk/for...69#post1512569

          The object it to flesh out the details which helps Florida jens and the MODS give good advice. The background here is very important especially when prior and different types of Debts under CCA1974 have been upgraded into a new Consolidated Loan by Barclays .
          Will PRA snap the jaws on this? Very likely because they are litigacious! So this background is important as will be time spent on fleshing out the details.
          Last edited by Roger; 22 July 2018, 14:51.

          Comment


          • #35
            Roger

            Here is not the place to take swipes at each other- as you say it is to help Jen understand her options

            I asked the question if this loan was simple to consolidate other Barclays lending but frankly I do not see the difference. This was a loan taken out online ( if I have read it correctly) and not forced on Jen.

            Also the post by Niddy was totally unrelated, it was about HSBC and in particular related to a 2003 business loan. As I said, HSBC are known for rolling debts together and selling them on which does cause them problems.

            Frankly I think for this particular debt Jen is better getting some free legal advice from Diana Mayhew , possibly off the boards so that PRA have no idea what is going on. We know they do read these forums

            Comment


            • #36
              Floridajen

              If I can, could you answer some simple questions

              Was the loan offered by the bank to convert existing Barclays borrowing to a loan or was it a loan that you used to try and consolidate all your debts?
              I also appreciate that consolidation may seem like a good idea but in my experience rarely goes to plan so no judgement from me.

              Did you apply for the loan - even after receiving an invitation or was it specifically suggested by someone at Barclays?

              Did you say the loan was for consolidation or something else- i think we have all said it was for something else in the past so don't worry.


              By the way, just a bit of info
              This particular debt is 'only' temporarily UE until they provide the documents - lets hope it stays that way, it might, I had some that stayed that way for over 6 years and are now Statute barred

              Even a UE debt does not need to be written off , it is still owed , all it does it make it unenforceable in court although if a claim is issued you need to fight it so the court knows it is UE. The creditor is still allowed to send letters (within reason) asking you to pay or making you reduced settlement offer. My largest debt was of a similar amount and I received offers of 50% discount and 75 % discount - I just filed them. That was even after they sent a copy of an agreement that looked at first sight to be perfectly legit. It even had my signature on it, contained all the prescribed terms, the only problem the header was for a different company to the one who offered me the loan and sent the S87(1) Default Notices.

              I hope you can answer the questions above to help nail exactly how you took the loan out and what exactly it was for

              Comment


              • #37
                Originally posted by Warwick65 View Post
                Floridajen

                If I can, could you answer some simple questions

                Was the loan offered by the bank to convert existing Barclays borrowing to a loan or was it a loan that you used to try and consolidate all your debts?
                I also appreciate that consolidation may seem like a good idea but in my experience rarely goes to plan so no judgement from me.

                Did you apply for the loan - even after receiving an invitation or was it specifically suggested by someone at Barclays?

                Did you say the loan was for consolidation or something else- i think we have all said it was for something else in the past so don't worry.


                By the way, just a bit of info
                This particular debt is 'only' temporarily UE until they provide the documents - lets hope it stays that way, it might, I had some that stayed that way for over 6 years and are now Statute barred

                Even a UE debt does not need to be written off , it is still owed , all it does it make it unenforceable in court although if a claim is issued you need to fight it so the court knows it is UE. The creditor is still allowed to send letters (within reason) asking you to pay or making you reduced settlement offer. My largest debt was of a similar amount and I received offers of 50% discount and 75 % discount - I just filed them. That was even after they sent a copy of an agreement that looked at first sight to be perfectly legit. It even had my signature on it, contained all the prescribed terms, the only problem the header was for a different company to the one who offered me the loan and sent the S87(1) Default Notices.

                I hope you can answer the questions above to help nail exactly how you took the loan out and what exactly it was for
                Hi Warwick,

                we can only remember that as we had so many loans with Barclays (all done online) and that we needed a smaller monthly payment as we were struggling that we contacted Barclays and they offered the solution of a loan to consolidate them. As we still have some loans taken prior to this one we can only think that we didn't pay all of them off! I know this is very vague but we honestly have been so bad with money in the past we really cannot remember.

                My question at the moment if anyone can help is debt by debt should we be offering payment as we really don't want bailiffs on our door as we have not paid anything via Stepchange for 2 months now. All have been sent CCA requests and paperwork sent to Niddy.

                debt 1 Barclaycard niddy advises UE
                debt 2 Barclay overdraft I offered two f&f but both refused by them
                debt 3. Barclays loan Niddy advises Enforceable
                debt 4. MBNA credit card no response to CCA so UE at the moment
                debt 5 Barclaycard Niddy advises UE
                debt 6 Barclays loan Niddy advises UE so far

                Thanks to anyone who takes time to help. Much appreciated x

                Comment


                • #38
                  see Warwick is assisting you!
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #39
                    Hi

                    You would only have bailiffs at your door if, at some point, a County Court Judgment was awarded against you and you subsequently failed to abide by the terms of that judgment (eg you were ordered to pay instalments and failed to do so).

                    However there is a long way to go before anything comes to Court, and there would be opportunities to prevent that, by coming to an arrangement if you did not have a strong case for defending a claim.

                    Last edited by Still Waving; 22 July 2018, 20:04.

                    Comment


                    • #40
                      Hi
                      As still waving says, bailiffs are a long way off.
                      Fist they would have to issue a claim
                      Then they would have to win
                      Then you would have to fail to make the payments
                      Then they would have to go to court.

                      Can I ask, just how much was the barclay loan for originally

                      Another question, do you own your property

                      Comment


                      • #41
                        Originally posted by Warwick65 View Post
                        Hi
                        As still waving says, bailiffs are a long way off.
                        Fist they would have to issue a claim
                        Then they would have to win
                        Then you would have to fail to make the payments
                        Then they would have to go to court.

                        Can I ask, just how much was the barclay loan for originally

                        Another question, do you own your property
                        Original was for £25000 and yes we own our property (mortgaged).
                        I am really worried as I don't know whether i should be paying something to all 6 debts or sending a template of some kind?

                        Thanks

                        Comment


                        • #42
                          Originally posted by Diana Mayhew View Post
                          My advice is the OP should not send anything to anyone until the full facts are known.
                          Di
                          Originally posted by Floridajen View Post
                          ..we had so many loans with Barclays (all done online) and that we needed a smaller monthly payment as we were struggling that we contacted Barclays and they offered the solution of a loan to consolidate them ..
                          Originally posted by Floridajen View Post
                          Original was for £25000 and yes we own our property (mortgaged).
                          I am really worried as I don't know whether i should be paying something to all 6 debts or sending a template of some kind?
                          Thanks

                          Diana Mayhew

                          Comment


                          • #43
                            There is only so much that Di can do unless a claim comes however I would personally be dropping her an email but be warned she is a very busy person and has to prioritise when she replies.

                            Comment


                            • #44
                              Originally posted by Diana Mayhew View Post
                              My advice is the OP should not send anything to anyone until the full facts are known.
                              Di

                              Originally posted by Floridajen View Post
                              ..we had so many loans with Barclays (all done online) and that we needed a smaller monthly payment as we were struggling that we contacted Barclays and they offered the solution of a loan to consolidate them ..

                              Originally posted by Floridajen View Post
                              Original was for £25000 and yes we own our property (mortgaged).
                              I am really worried as I don't know whether i should be paying something to all 6 debts or sending a template of some kind?

                              Thanks

                              Diana Mayhew

                              Warwick pointed how busy Di is have you emailed her or has she been in touch with you?

                              I

                              Comment


                              • #45
                                Originally posted by Roger View Post


                                Diana Mayhew

                                Warwick pointed how busy Di is have you emailed her or has she been in touch with you?

                                I
                                I have emailed but no reply but I understand she is very busy
                                just really worried as to if I should be paying any of my debts

                                Comment

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