Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I've had exactly the same saga as nickt1976 regarding the whole application form scenario. All they can produce is a signed application form and a separate sheet of t&c's which in their letter they claim are "incorporated" into the application form.
Nowhere on this form do the t&c's appear, so I fail to see how they can be "incorporated". I therefore wrote them a long legalese letter quoting the actual CCA paragraph where it states that the t&c's must be in a single document and what else (e.g. credit limit) needs to be included in order to make it a properly executed agreement. I pointed out that none of these appear in the document. I told them that no more payments would be made and asked them to write it off as it's unenforceable.
I then received the following from them:
"We apologise for sending you the documentation that was supplied to you previously. We now enclose your Credit Card Agreement as requested" - and they've supplied the EXACT SAME application form and t&c's as before!!
Furthermore, they've repeated "Your terms and conditions were incorporated into the document" even though I've already written demonstrating that they aren't, by law.
At the same time they've now passed my account to Mercer's, so now I'm getting threatening letters from them as well trying to collect this money.
This display of blatant f***wittage leads me to think that they haven't got a leg to stand on. They're apparently just going to keep parroting the same thing and ignoring my letters.
What I would like to know is, do you reckon I can take them to court? It seems now like this is the simplest way of getting an answer on this issue. I was thinking of putting in a claim to get the following:
1) That Barclaycard immediately cease and desist from attempting to collect this money until such time as a valid credit agreement can be produced
2) That Barclaycard admit this debt to be unenforceable and inform their debt collectors accordingly
3) That Barclaycard remove all adverse entries from any credit reference files until such time as a valid credit agreement can be produced.
Any thoughts on this would be greatly appreciated.
You can bring a case under s142 of the consumer credit act 1974, in order to get the court to consider whether the agreement is unenforceable.
Before doing so, it is vital to be entirely sure that your arguments are very well researched and comprehensive. Judges don't like these applications, and you need to make sure every single dot is well and trully crossed.
Personally, my approach would be to write to the DCA, say that you do not believe you owe any money, and ask them to take you to court.
i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.
If the DCA start harrassing you for payment (they may say you owe the debt on a moral basis, even if it is not enforceable), you can use the OFT debt collection Guidelines.
Have a look at the 3rd link below my name and quote Sections 2.6 (i); 2.8 (i) and 2.8 (k). This could be used for Mercers and/or Barclaycard.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Application form - can I take them to court??
were incorporated into the document" even though I've already written demonstrating that they aren't, by law.
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