Back in 1998 (and possibly other periods as well), Barclaycard were in the habit of sending out pre-approved application forms for their cards.

Quite apart from the fact that they didn't have my permission to check my credit records to see if I was credit worthy, it would appear that they might not have been as diligent as they should have been, as my credit record was pretty dire at the time.

Anyway, there are a couple of issues with this. Firstly, there only ever was an application form, with no agreement to follow it up. And no interest rates mentioned, credit limit etc. That all to be decided when they send you the card.

Now that leads me to believe that, as they claim the application form WAS the agreement, then as no interest was stated, then they had no right to charge any interest. SO might that also be recoverable in that case?

The second point is, in my case at last, there was a box to tick if you consented to Barclaycard sharing your data with anyone else. (In my case, I chose not to tick the box). Now it might be argued that this meant sharing data for marketing purposes. But it didn't say so. And indeed, in the T&C's that I have been sent which purport to have been in force at the time the APPLICATION form was signed, Barclaycard state that they will not pass your data to anyone else WITHOUT ASKING YOU FIRST.

That leads me to believe that they had no right to pass your details to the CRA's oranyone else. Including, IMHO, Mercers. Mercers may be part of Barclaycard, but are as far as I know, a seperate company in their own right. Therefore a third party as far as the DPA is concerned.

So if anyone else has had a card issued about that time, in response to a pre-approved application form, it might be worth questioning whether or not penalties and charges, and INTEREST might not be claimable also.

BUMP. ello again stranger have you got anywhere with this?

Nope. I'm still at sea MM. Barclaycard Bashing when I get home next week.

ok no worries, kepp me upto to date on this tho plz, i'm very interested in the outcome

Watch this space.

oh I am don't you worry about that

Subscribing to this!

Barclaycard also sent me a barely legible copy of an application form they tried to pass off as a credit agreement, that was in April. Strange I haven't heard from them since, and I didn't tick the box either!!

I applied in 2000.

OK, TWO breaches of the DPA. I've just got home, and Barclaycard have stated that the only data they hold on me are statements from 2001.

So how did they manage to supply Cabot with default notices and an application form?

ICO complaint form being filled in today. I'l carry the story over onto my resurrected BC thread here...

http://www.consumeractiongroup.co.uk/forum/barclaycard/66480-seahorse-barclaycard.html