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In response to my CCA request to Barclaycard, I have been sent a copy of an application form, bearing my signature and dated 1975, also photocopy t & c's which appear to be from that era. Now, my question is - nowhere and I mean nowhere on the documents does it mention the Consumer Credit Act 1974, my rights and obligations under the act, or a warning in the signature box. Does anybody know if this would be classed as regulated agreement under the 1974 act, with all the relevent references to the act missing? Any comments welcome.
There are no prescribed terms on the document and in my view its not enforceable, but my quierey is will it be termed as a regulated agreement even though there is no mention of the 1974 Act anywhere. In the signature box, there's not the usual "sign only if...." - nothing except my sig.
It is only enforceable if all of the prescribed terms are in the agreement - not in a separate document called eg terms and conditions.
However, if the t&cs were on the back of the document then that would be ok.
The fact that it doesn't have the title at the top of it doesn't stop it being enforced. To be honest a court could probably enforce the back of a fag packet as long as it had both signatures and all the prescribed terms.
Sorry, my mistake. I didn't read your original post properly - I though you said 1985, I didn't realise you actually said 1975.
In this case - no. Only agreements entered into from 1st April 1977 are covered by the Act. The relevant act in this case I believe would be the MoneyLenders Act 1927 - of which I know nothing. But I believe that there were similar requirements in it.
Application but No Mention of CCA 1974
and dated 1975, also photocopy t & c's which appear to be from that era. Now, my question is - nowhere and I mean nowhere on the documents does it mention the Consumer Credit Act 1974, my rights and obligations under the act, or a warning in the signature box. Does anybody know if this would be classed as regulated agreement under the 1974 act, with all the relevent references to the act missing? Any comments welcome.
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Originally Posted by heartopp
