Thread: HAK O/H Barclaycard Help

Hi

Sent a CCA to Barclaycard regarding my O/H old C/C account.

They sent an application form back.

It is a poor quality and I can make out a few prescibed terms but the main thing is they have not signed it.

There is no box for them to sign and date.

Is this agreement unenforcable on the signature.

HAK

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It's an application form and the general consensus is that it is unenforceable but complies with the CCA request. I've never heard of anybody having a problem with Barclaycard's application forms. How old is it.

Hi Its back from 1997..

They call it an Application Credit Agreement.

Am i right on the signature.

Ive just read the CCA 1974 Section 61 (a) and it says it must be signed by the both people.

HAK

IMO the signature is not the issue here but you would certainly point that out in any defence. The real point is that an application form is not an enforceable credit agreement.

Hi POE

Even if it has the prescribed terms on.

HAK

Hi PT2537

Just read it and i cant make any sence out of it.

Can you translate it please

HAK

Originally Posted by Having_A_Knightmare

Hi POE

Even if it has the prescribed terms on.

HAK

PM rory32. He's an expert on this one.

UPDATE

I wrote to Barclycard regarfing the poor quality of the agreement. It is just a blur and can make no sence of it.

They replied by sending the same blur photocopy.

I sent them another letter and they have sent me an enlarged copy A3 of the T&C. no agreement. They say in the letter "we have enlarged the agreement so you can read it".

I am now thinking they have not got the original agreement just a blur photcopy one. If so, is this as good as not having an agreement as it is unreadable.

Cheers

HAK

Hi

Its signed but unreadable as you can see from the below.

Surley if this went to Court it would be thrown out as its unreadable



HAK

bumping.....

Under Section 2(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 a copy of a document must be clearly legible.

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

2. Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of
an executed agreement, security instrument or other document referred to in the Act and delivered
or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature,
be easily legible and of a colour which is readily distinguishable from the colour of the paper.

HTH...

Regards, Dave.

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