Thread: Barclaycard Cca

Hi Haley and welcome to the BC forum,

We'd need to see scanned copies of the documents to be sure but, if they have only supplied a copy of your application and their T&C's, they may not have an enforceable agreement.

Please scan the doc'ts here on the thread (block out any personal details) or post them on Photobucket so they can be looked at properly. Useful details are here - http://www.consumeractiongroup.co.uk...i-dummies.html

Are you looking to reclaim unlawful penalty charges or are BC threatening you about arrears on your a/c.

Slick

Hi Hayley,

I'l try and get the doc's looked at by an expert so you know where you stand.

One of the Site Team will look in for you.

Well there is nothing to link the "agreement" to the supposed T&C.
Now as this is clearly a pre May 2005 agreement SI 1983/1553 comes into play.
Now this gets a little heavy on the legal side, but sums everything up for you.

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

33 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.

So overall, this "agreement" would make a good airplane, but as a signed executed credit agreement it doesn't do very well.

Hi Hayley,

Now they'll have to wait until you decide what YOU want to do. The following options assume that BC are unable to produce the nec'y doc'ts in response to your CCA request - they've certainly failed so far.

You can honour the debt, reclaim your penalty charges and repay the reduced balance you owe them in a manner and time that suits you. You should be able to get them to remove any defaults this a/c has put against you.

Or, because the debt is unenforceable, you can cease payment altogether and get them to write off the balance.

Let us know how you want to proceed.

Hi Hayley,

As regards the pay't they want by 15th April, pay what you can afford as this will help reduce the debt. Send the pay't to BC saying:-

" As you (BC) have failed to supply the nec'y documentation in response to my CCA request of date, the enclosed pay't is made as a gesture of goodwill, and I do not acknowledge any debt to BC."

Copy the ltr to the DCA that's contacted you.

If you don't have the state's to show what unlawful penalties you've been charged, send off an SAR with the £10 fee asking for the a/c state's. http://www.consumeractiongroup.co.uk...ction-act.html

Please confirm who you rec'd the demand from (your post #3) and what they said about a default notice.

H Hayley,

Send the ltr I suggested in post #11 above.

If you don't have the nec'y a/c state's, send off SAR to BC for them.