Thread: Barclaycard/CSL/CCA

Hi All,

I'm fairly new to this so would appreciate some quick advice.

Have an o/s Barclaycard debt since losing my job last year. They refused to accept anything less than the full monthly payments and passed it to Mercers who also took no notice of my position. They would not accept any offer although I did begin sending them a token £5 a month.

CSL then came on the scene acting as their "agents" so presumably they have not bought the debt. I sent the usual CCA request and a few days later Barclaycard sent me a copy of the original Application form (dating back to 1979!!) but then only the front page i.e not the t & c's on the back.

My understanding is that this does not comply with the CCA terms so what do I need to do now? Do I need to write to CSL &/or Bcard and point this out to them or just let the appropriate periods elapse before pointing out they have commited an offence etc? Although Bcard did send something within 12 days, am I right in assuming that as they did not send the actual agreement it is now unenforceable? The 12 + 30 days will be up at the end of September.

CSL have rung my mobile in recent days (I did not reply) and have now written offering a "substantial" lump sum discount if I respond in 48 hours. I did stop paying the £5 once CSL came on the scene

Many thanks

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I've had the same, although mine is still with Barclaycard, I sent a letter off yesterday stating that the application form is not the CCA and they are therefore in default, the debt unenforceable and I will not be making any further payments. I sent it recorded delivery, will be interesting to see what their response is. I find Barclaycard one of the worst c/c companies to deal with they never respond to my letters other than sending ones asking me to ring them. The application form they sent me doesn't even have their signature on it, they also sent me a separate copy of the T&C;s but these look like ones from today and not from 2001 when I applied for the card. Good luck!

Originally Posted by diskmandave

They have actually complied with your request. And the operative word is request.

But the request was for a copy of the Credit Agreement not an application form so presumably that would make a difference? Unless I'm missing something, how can sending the wrong document be deemed to be compliance?

Duffers Mum, thanks for your input and I see that you have written back to them. That was really the crux of my original post. My concern is that if I do not point out the error of their ways to them now (although they should of course know all the rules and regs!) that further down the line I may be deemed to have waived any rights I had on the CCA point.

Would welcome any further views/advice.

Many thanks

Hi
I am in a similar situation with Barclaycard. Have requested Credit Agreement and received copy of application, however it says abovemy signature that this application for is a credit agreement and only to sign if you want to be legally bound by its terms. They didnt send a copy of the terms and also, under my signature is a space that should have been signed by an authorised Barclaycard signatory, but it hasnt been signed. Does this mean that it is unenforcable as they havent signed it?

hi,

i think if it has all the prescibed terms in the application form it could be enforced by a judge but i am not a 100% on this someone with more experience than me will be along soon to correct me.

regards

out of cash