Thread: Paddy vs Barclaycard/Go Debt

Hi

I had a credit card with Barclaycard in 2003 that has defaulted and went bad a long while ago. They have tracked me down so a few weeks ago I sent a CCA request to Go Debt who now say they own the debt. I got an initial reply saying they where looking into it and they would try to get me it but would not provide deed of assignment as they had no legal right to.

So a couple of days ago I got a letter in saying they had enclosed original agreement but they where still waiting on statement of account from Barclaycard. I have attached a link to a scan of the agreement. To me I dont think its enforcable as there doesnt seem to be any mention of APR and the likes except with regards to a balance transfer. There is also no other sheet or nothing on the back. Was just looking for some opinions as to what my next move should be and whether im correct and its unenforcable.

Thanks



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Today this is all I got.

It is an aplication form it says so in the top right hand corner.

yep the reference to terms and conditions in the document means they MUST supply them with the Credit Agreement

Also i dont see any prescribed terms either

and also since this appears to be a cancelable agreement they should have sent the cancellation notice too

basically as it stands it appears to be missing some very important bits

however, where it says BarclayCard / Visa Card MasterCard. below it what does the text say as i want to make sure the terms are not in there

regards
paul

They are well past the 12 days. I sent the letter on 3/11 so they got it on the 4/11. Not past the 30 day limit though. I guess that would be around 22/12?

Thanks for the speedy response btw

This is the terms biggers. Doesnt seem to say anything specific.

Re post 7 it still is not very readable would it be possible to type what it says?

Hi Paddy, this doesnt really help mate, the text is unreadable. in the text look for the info below as these are the terms which must be contained within the document

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

without them its not enforcable

regards
paul

oh and just to add to their woes, the agreement is improperly executed as its not signed by BarclayCard

Cheers paul, I can actually read the agreement when its blown up on the screen. Maybe not every word but most of it. Repayment terms are not mentioned, there is no rate of interest and there is no credit limit. Guess that this is not good enough then. Thanks for the advice.

Tiglet thanks for the advice. I'll just wait till next month.

Originally Posted by paddy291280

Cheers paul, I can actually read the agreement when its blown up on the screen. Maybe not every word but most of it. Repayment terms are not mentioned, there is no rate of interest and there is no credit limit. Guess that this is not good enough then. Thanks for the advice.

Tiglet thanks for the advice. I'll just wait till next month.

well you've said it, its unenforcable as it stands mate,

for some reason i cant read the text very well maybe its my eyesight but if there no terms then its duff and there is a House of Lords Ruling in the Case of Wilson -v- FCT which sets out that no prescribed terms the court cannot enforce the agreement so its really game over for them

regards
paul

That is an identical form to what they sent me, but as many on here know they have bombarded me with 6 sets of T&C's as well. Mine is being looked into by TS. If you query what they have sent you they will no doubt state that the agreement is incorporated into the application form, thats what they told me, mine is also not signed by Barclaycard.

Good luck

OK I have waited long enough now and nothing else has came in. I would like to set about trying to get this removed from my credit record. Is there a template letter I can send to have the default and payment history removed?

I was thinking I could send them a letter asking and maybe come to an arrangement for a small sum. Has anyone had any success with this? Anything I should avoid?