Understanding my rights completely with VT Barclays Partner Finance

[Abcdefg]

Hi, hopefully i’m posting this to the correct place!
I’m just looking for some advice, I currently have PCP which ends in May 2018.
I have recently phoned up Barclays letting them know that I wish to voluntary terminate as I knew it was close to the 50% point. They told me I had £14.96 left to pay until i reached that point which is fine. However, they told me that I would need to continue paying my monthy payments of £217.11 until they can arrange collection or for me to take it to the auction garage. I have read a few forums that say they can no longer take payments from me if the 50% point has been reached. Can someone please clarify this for me??
They also told me that I would be recieving paperwork to sign that I have also seen on forums to be very wary of not signing them, so I won’t. I have sent the template letter to Barclays from this website, does this mean once they have acknowledged this letter I can cancel my DD and I no longer have to pay anything?

Thank you in advance!!

[Kati]

Re: Understanding my rights completely with VT Barclays Partner Finance

to LB [MENTION=112592]Abcdefg[/MENTION] ... I'll tag [MENTION=71570]R0b[/MENTION] to assist xx

[Abcdefg]

Re: Understanding my rights completely with VT Barclays Partner Finance

thank you [MENTION=49370]Kati[/MENTION] Xx

[Abcdefg]

Re: Understanding my rights completely with VT Barclays Partner Finance

Also a few other questions and queries -
Do I have to drop the car off at auction? even if it’s 40ish miles away?
Is email an acceptable/valid form of notice of termination?
and when can I send the V5 away?
Thank you, greatly appreciate advice!

[R0b]

Re: Understanding my rights completely with VT Barclays Partner Finance

Hello

Once the agreement is terminated, they cannot force you to carry on making the payments until the car is collected or returned. That is the whole point of termination the agreement, your obligations under it fall away and limit your liability to 50%. No matter how much they try to insist on it, I think you would be one safe legal ground to say they couldn't enforce it. Of course they might threaten you with reporting a late payment/default on your credit file in which case you need to decide to either carry on or wait for them to do that and look at bringing a claim against them for breach of data protection.

If you only owe just under £15 I would be inclined to enclose a cheque with your letter and make reference to it and who you spoke to who confirmed this. When sending your letter take it to the post office and get a proof of postage receipt, it will then be deemed to have been delivered in accordance with the postal delivery times and at that point you could safely cancel your DD. Same principle applies if sending by email, either way I would allow 48 hours before cancelling to be safe but if you are close to your due payment date then you might want to do it sooner.

As for the V5 you can do that online by going to https://www.gov.uk/sold-bought-vehicle

I would suggest you look at the link below to give you more information on your rights and responsibilities

http://legalbeagles.info/forums/show...on-Your-rights

[Abcdefg]

Re: Understanding my rights completely with VT Barclays Partner Finance

Thank you [MENTION=71570]R0b[/MENTION] for the advice, greatly appreciated!
quick question, i’m getting a new car on pcp any day now, can I have my old car sitting in my drive with no insurance and the V5 changed to Barclays as the owners? or will this cause them hassle picking car up etc? Thanks

[R0b]

Re: Understanding my rights completely with VT Barclays Partner Finance

You can yes. They should make arrangements within a reasonable time to collect the car, if they don;t then you can write to them and state that its currently on your drive and they have X days to collect or it will be put on a public road, all liability will rest with them. Or you can wait for them to collect it in their own time, up to you.

[Abcdefg]

R0b Hi, I haven’t heard anyhing from Barclays since i sent the email. I’ve not sent the £15 yet and today checked my bank and they had sent £25 into my account. I have no reason why they have done this and wondered if you had experienced anyone having this? find it really strange! thanks

[Abcdefg]

Hi me again, I have been having such hassle with Barclays Partner Finance since my last post.
Since then it has been a back and forward dispute, In the beginning when I sent a letter VT’ing I recieved paperwork saying ‘thank you for your complaint’ a week later i recieved another letter saying that my complaint was logged as an error instead of being sent to the correct team to process my VT, this being their fault. I then recieved a letter saying ‘thank you for your letter dated 25th Jan to VT’ basically accepting it. I then refused to drop the car off at a Manheim auction site as it had been so long since I first VT’d the car was no longer insured as I had gotten a new car and felt I was well within my right at that point to change the V5 into Barclays name and cancel the insurance. They kept telling me I had to pay a £150 collection fee, but after a while they agreed to drop the £150 collection charge due to the hassle I had already endured. This was fine I was given a number to call which was Anglia UK, it took me 2 weeks to get in contact with them with various voicemails they agreed to collect it Thursday (12th April) they didn’t turn up and now I am beyond angry with my car sitting on my drive and has been for nearly 3 months. Everytime I speak to Barclays all they are interested in is the fact I am in arrears for months Feburary and March.. which I dont understand as i VT’d in Jan, so now on my credit file they have put down 2 missed payments!! I have contacted the Ombudsman regarding this and waiting on a reply after they have contacted Barclays. I’m left here totally unsure where I stand or what my rights are as I have never had to deal with this before.
Any help would be greatly appreciated, thank you very much in advance.
Linzi

[R0b]

Hello,

i will look into your post over the weekend and try to get back to you.

[Abcdefg]

Thank you Rob, it’s a stressful one!
really appreciate it.

[R0b]

Morning,

Sorry I haven't got back to you any sooner, not usually around on weekends. Anyway, I've read your post and it appears that Barclays are in the wrong here, assuming you have evidence that you gave notice to them in January i.e. proof of postage receipt though if they acknowledged your letter a week later then that would seem to be sufficient evidence of them having received it.

I suspect that because Barclays didn't process your VT letter straight away, their systems thought that the agreement continued to run and no doubt realised there were two missing payments hence the markers on your credit file. However, that is neither here nor there and it is their problem that they have to deal with. Ultimately it is a breach of data protection and you can probably extend that to negligence too. If it was indeed their systems which automatically reported the late payments then you could probably have them for negligence too.

You've obviously reported the matter to the Financial Ombudsman so your only two options are to wait for the FOS to wait and see what they say (that could be weeks or months but do chase up on a regular basis) and if that fails then your only option is to bring legal proceedings against them for breach of data protection and/or negligence.

I've attached an example letter you might want to use in relation to that but also an added extra which relates to selling the car at auction since they have failed to collect it. There is a short reference to forwarding a copy on to their legal department but thats optional and may or may not speed things up. Alternatively you could leave out the threat of legal proceedings but if it isn't sort out or Barclays fail to update it, then that may be your only option.

P.s. If you did take action against Barclays, then you will need to get the name right on any claim form - Barclays Partner Finance is a trading name of Clydesdale Financial Services Limited.

[Abcdefg]

Hi, sorry for taking so long to get back to you. Thank you so much for the letter, was greatly appreciated as I would not have been able to draft something like that myself!
Before sending the letter I received a letter from Barclays stating my account had been passed over to Allied International Services to collect my arrears for the months January, February, March and April.
I answered a phone call to Allied and stated that Barclays had breached data protection as I should not be in arrears. After a brief explanation the adviser

told me that the outstanding balance was £255 instead of the £868.44 for 4 months payments which I did not understand. They

stated that they would have to escalate this to their complaints department, I am still awaiting to hear back regarding what is happening with this.
The last time I spoke to Barclays on the phone they told me that I had to correspond with the Ombudsman from then on as there was nothing else they could do.
However after sending that letter you drafted for me to Barclays (Clydesdale) a few days later I received a phone call from them saying that the arrears for my account had been cleared due to the car being at a higher value than they expected.. and that it was £255 for damages instead and if I paid it the account would be closed. I asked about my credit file being damaged and what they would do with this and was told again that they can charge me for as long as I have the vehicle in my possession. I said this was untrue and that it was them at fault for the car being in my possession for as long as it was in the first place. She then agreed to begin steps to clear my credit file with Data Integrity, but argued that the £255 damages were still outstanding and that she would send me a break down of the costs.
I received that letter today with charges of £871 with all 4 alloys and tyres needing replaced with numerous scratches and dents all at which were not there when left my possession, I do have time stamped pictures of the car and the 2 copies of damage reports that Anglia UK had provided with everything legal.
I phoned Barclays after receiving this letter just to understand where the £871 and the £255 was coming from, they said that the had dramatically discounted the overall price out of good will.
I do not believe this as they have obviously realised they are well in the wrong here, I don't understand what they are trying to do.
I have since contacted the ombudsman to update them with the current situation, she is going to contact Barclays to ask why they have chosen to take these steps now. They informed me that challenging the damages etc would be a different case, so don't know what will happen with that as of now. I got asked what I would like to happen now as my complaint was originally about the arrears so I said I would appreciate compensation as I feel as I am well within my rights with how long this has went on and the great stress it has caused for them just get away with it. I have no kind of idea if or how much compensation I would receive for this case or if the ombudsman will even side with me. I guess now I am waiting on ombudsman's response, so fingers crossed it is a good outcome.
Thanks again for your help, greatly appreciated.
Linzi