Change Arrears To "In Dispute" Solar Panel Loan

Francis001

Hello Everyone,

I have a solar panel loan which is in dispute with the FCA under section 75 (consumer credit rights, something like that)

Lots of people have disputed the way the solar panels were sold initially, and also have raised disputes with the FCA.

Interest on the loan has been stopped and I stopped paying the installments. To me I was ripped off and I'm not going to continue paying them, and secondly it could be seen as an admission of guilt if it even went to court.

The FCA are speaking with Barclays, but they are taking forever to decide (it's been going on for at least 2 years.

Meanwhile each month they clobber me with a 6 "inarrears" rating on my credit score. So I have loads of 6s on that account, slamming my credit score. I've put notes on the accounts with equifax & Experian.

Looking on Equifax / Experian, there is an "in dispute" code they could use.
I'd like to get all the arrears changed to in dispute. There's no doubt that it is in dispute.

Does anyone have any experience or suggestions? Is "in dispute" even a valid code?

It would be a great help, it's doing my nut in.

Arleen

Afaik the in dispute marker is when it's a dispute between credit agency and whoever put the details onto your file, not for your dispute with the lender. Also you should keep paying on the loan, despite disputing it with FCA, if you were missold you will be made whole, one way or another, but until there is a ruling you are bound by the contract and late markers are accurate.

cjmillsnun

Yup Arleen is correct. You must keep paying until the dispute is resolved. You may even find a default raised against you.

System

Hi Francis.

Unfortunately you're going after the wrong people and punishing the wrong people. Barclays didn't sell you the solar panels, they gave you a loan for them. Regardless of whether or not you feel you were mis-sold, ripped off or whatever by the solar panel company you have an unsecured loan with Barclays which is a separate thing to some extent.

Even if you win a case against the solar panel company Barclays are still going to want paying and whilst you continue not to pay them they quite rightly are putting in arrears on your loan account because it is.

Even if there is an "in dispute" flag you couldn't use it unless you have a complaint against owing Barclays for the loan you took out.

Francis001

Thanks for your replies. I should also mention that the solar panel company has ceased trading. (not surprising as I am not the only one to have complained to the bank about the situation).

Also, that the solar panel company sold the loan to me with the premise that the loan repayments would be covered by the income from the panels. The income FITS payments were all written down on the contract. The panels did not perform (which I could demonstrate from bills / FITS paymenst), but even if they had they were woefully under the loan repayments.

So really the contract with the loan was undertaken by false premises and so surely is null and void?

The code I am thinking of is "U" - which from the credit file reads:

"The lender has not been able to provide the account status for this month. This may be when:
The account is still being set up; you are waiting for goods to be delivered; you have received the goods but payment is not due to start immediately; there is a dispute over the payments due or goods received

I should also add that I got the company to take back the panels once I realized they were not working. I was also selling the house at the time, and far from increasing the value (which was another promise), the buyers refused to complete unless the panels were taken off!!

Arleen

To have contract null and void you have to go to court, not declare it so yourself. You don't have a dispute over payment or goods, just over your contract - and to set that straight you will have to go to court. Until then you are liable for it, simple as that. And you will need a lawyer for this one, don't try to represent the case of misrepresentation yourself as you won't win.

Francis001

Mmmm, I've not declared it null and void... there was a question mark after that sentence!

The dispute with the FCA is all about the solar panels - i.e the goods. And I have nothing (no goods), they didn't perform as stated and it was misrepresented in the first place.

Under Section 75 of the Consumer Credit Act 1974, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader. (who has now ceased trading).

So surely there is a case for the code change, especially as there are a number of others in the same situation, who also have complaints against the bank.

Arleen

As said before, there isn't, you've received the goods and returned them - why did you do it and under what terms is likely going to play the big role of "why it takes 2 years to resolve.". Anyway there is very little you can do, short of going to court yourself against the non-trading company, just have to wait. The only way to avoid the markers is if ombudsman rules in your favor (not a given) or keeping up to date with payments. Sorry. And no, that's not any "admission of guilt", but not paying will be thrown back in your face "he just wants to get out of the loan".