Thread: Barclaycard Mastercard

Here's the response I received to my CCA request:
The covering letter:

The Application Form:

The terms and conditions On A3 paper (front):

terms and conditions (back and wrong way round):


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Thanks Stroke

Thanks CAS
Had a problem with Photobucket trying to edit and re-upload the covering letter for this. Will have another go.

Here's the covering letter to the above:

An 'Application Credit Card Agreement?
A 'Barclaycard Executed Agreement'?
What? Where? Where are they?
This is mind-boggling stuff!

Oh deary me.
B'card strike out again and here's why:

This is taken from another thread;

Originally Posted by Curlyben

Under SI 1983/1553 the prescribed terms MUST be within the signature document to be valid, having them on a seperate sheet headed T&C or similar ISN'T acceptable.

SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms MUST be within the signature document. (Column 2 schedule 6)

This applies to all agreements pre May 2005.
So basically this is unenforceable, under 127(3).

Just to add to my comments re terms witin signature doc.
This was covered off in Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated
consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting
the provisions of the two schedules the Judge said

333 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the
agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and
backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be
orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated.
As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and
the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which
are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the
minimum terms) are to be found in Schedule 1.

42M I've just checked my signature and date, it was 2001. I think the whole thing's very weird though!
CB - you are, as always, a star!