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i have received from barclaycard the original signed agreement (or something). can someone tell me if this is the right thing??
at the top it says it is a pre-approved application but further down it says do not forget to sign the agreement below, which my son has signed.
the printing around the signature isnt clear at all and i just cant read what it says. i cant scan it and send it to anyone until next weel when i am at my daughters (so she can do it for me!!), but i have so say, sadly, that it looks ok. any advice would be good please. thanks.
also, how long to they have to send these signed agreements out? i have also asked for one for my daughter, from Abbey, and i sent it on 12th Jan by recorded and we havent had anything back yet.
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.
my son is long term sick, which followed on from a year of unemployment. the insurance paid for that first year, then they wouldnt pay any more even though the criteria changed ie he was no longer unemployed but sick. so since last march he has been making an offer of payment of £5 a month, and despite millions of letters from us to barlcaycard making that offer, barclaycard havent answered a single one!! now, for the last 6 months or so, he keeps getting pay-up-or-you're-dead letters from mercers and now a different debt collector is writing and all the time, i keep sending them copies of the letters sent to barclaycard saying i have been trying to pay since march 2006 and no one, but no one, will accept his offer. had several default notices as well. just dont know what to do any more. when i am at my daughters next week i will get her to scan it in for me. and as a point of interest they paid back all his charges, even the ones that were £12. but that wasnt until we issued court proceedings. but not a mention of if they would accept his payment offer. totally rude of course, but thats they way they work i suppose.xxxx
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.
ok guys, here it is. be grateful for someone to have a look.if they can read it that is!! as you can see the quality leaves a lot to be desired and thats how it really is!! you would think that they could afford a half decent copier?? i know nothing about these things but it all look ok to me.xxx
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.
Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)
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 [background medium upon which the information is displayed].
(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed
agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act
without any alteration or addition, except that--
(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed
by these Regulations; and
(b) every Form shall be completed in accordance with any footnote.
(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced
in addition to any such Form.
(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.
(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these
Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence
(whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except
lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information
in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names,
names of parties to the agreement or lettering in the document inserted in handwriting.
(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulations
and are reproduced in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the
Act they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than
any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.
Hi there
the above excerpt is from the copy documents regs, the agreement you have there is clearly non compliant with those regs. in addition from what i can see there are also no prescribed terms contained within that document
now the prescribed terms are
The Pescribed Terms are these
A Amount of credit
A term stating the amount of credit
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.
Taken from peterbards excellent thread on agreement enforcability
now in your case
For a Running Account (credit card) agreement
BC and D Apply
so as far as i can see it does not have any of those terms and is therefore totally unenforceable IMHO
huge huge thanks for that. there is a sheet that came with it, entitled 'barclaycard conditions of use' credit agreement regulated by the consumer credit act 1974. does that change things??
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.
yes, the CCA and the terms and conditions came together. we had requested them following some advice on here. how do i tell that the terms and conditions are the correct ones.
AND, most importantly, what do i say next to barclaycard. this is going to feel so good!!!!! and do we have the right to ask for the defaults (several now i think) to be removed.
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.
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.
The T's & C's are irrelevant in this case, though you should have been sent the originals and the current as part of a CCA request. As Paul has already stated the "agreement" isn't enforceable because it doesn't contain any of the Prescribed Terms and falls foul of the Copy Doc's Reg's 1983 (SI 1983/1557).
I happen to know that Paul has gone out for the evening, and i'm sure he won't mind me answering for him so you don't have to wait!
Best wishes, Dave.
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Advice is offered freely, without liability and without prejudice.
If in any doubt professional legal advice should be sought.
I do not profess to be in any way legally trained, I am a big
oily truck driver and all I know has been learned within the
Consumer Action Group.
so now,what do we say to barclaycard and how do we get the defaults removed?? does this mean he may not even have to pay it??? surely they wont take that sitting down???xxxx
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.
well i have to say that after all the hassle over the last year or so, i am more than happy and not at all guilty about not paying it!!!! template letter for that would be good please. and thanks for all the help.xxxx
Here's a letter (courtesy of Curlyben) you can use. Adapt carefully to reflect your case and delete sections not applicable:-
Account In Dispute
Ref:
Dear Sir/Madam
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).
On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.
To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.
In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.
If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.
These limits have expired.
As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
And
(b) If the default continues for one month he commits an offence.
Therefore this account has become unenforceable at law.
You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you not respond within 14 days I expect that this means you agree to remove all such data.
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.
This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.
Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.
This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.
Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.
HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully,
BLAH
Your son should PRINT his name and send Rec'd Del'y.
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.
barclaycard
isnt clear at all and i just cant read what it says. i cant scan it and send it to anyone until next weel when i am at my daughters (so she can do it for me!!), but i have so say, sadly, that it looks ok. any advice would be good please. thanks.
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