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 just stumbled across this form, and it's absolutely brilliant! I wonder if anyone knows the answer to this:
I'm having problems with Barclaycard, and sent in a Section 78 CCA request, hoping it would shut them up for a while. Sadly, they managed to send a copy of my original agreement within the time frame.
Under cancellation right it states:
"Under the Consumer Credit Act you would have for a short time the right to cancel this agreement if a person acting for the Bank (which may include a supplier of goods or services) had orally in your presence made a statement to you about the Barclaycard facility (or about an item proposed to be purchased with a Barclaycard) and you did not sign the agreement on Barclays' premises The law would also require us to use a different form of agreement If such an oral statement has been made to you we cannot consider your application on this form unless you take it into a Barclays branch and sign it before a member of the staff (you would then have no right to cancel) Alternatively a Cancellable Barclaycard Agreement Form can be obtained by telephoning the Barclaycard Centre on Northampton 0604-2110"
Over the bit where I signed the form it says: "I confirm that EITHER no oral statement of the type mentioned has been made in my presence OR I am signing this application on Barclays premises."
Does this mean there's no right to cancel? Is that legal? I'm a bit surprised they found this application (and so soon) as I took out the card in 1987. I remember at the time being more interested in having it as a cheque guarantee card than a credit card, as Barclaycard served both purposes back then.
I'm pretty sure I didn't sign it on Barclays premises as my branch was nowhere near my work at the time, and the form gives instructions as to where it is to be posted. There's a "received" stamp dated 23 Feb 1987, the Barclays signature is dated 12-3-87, and there's another stamp saying agreement sent 19 Mar 1987.
They've also sent me what appears to be a copy of the original terms and conditions although there's no date on it.
I've seen from other posts here that I'm not alone in getting messed about by Barclaycard.
Any information or advice would be much appreciated.
Here's the agreement. I've blanked out the personal details as advised. Sorry the picture is so large, but if I made it any smaller you wouldn't be able to read it.
Here's the agreement. I've blanked out the personal details as advised. Sorry the picture is so large, but if I made it any smaller you wouldn't be able to read it.
Here? Where?
Sorry uptoneck but I can't see it on the forum
Thanks
- Hobbie
-------------------------------------------------------- Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.
Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.
If my post helped you in anyway, please click on the scales to the left.
Did you sign your CCA request with your current signature?
Valid CCA from 1987 seems unbelievable
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
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Oops! For some reason I can't get it to upload properly, and I haven't made enough posts to include it as a picture file here. If anyone wants to see it, PM me and I'll send it as an attachment.
If it uploads, use the HTML link and remember to blank out your details.
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
It is ok to say that they will determine your credit limit if it is not expressly stated on the form.
If those three things are actually on the agreement itself, then a court can enforce it, if they aren't then it's unenforceable.
Under cancellation right it states:
"Under the Consumer Credit Act you would have for a short time the right to cancel this agreement...
Does this mean there's no right to cancel? Is that legal?
Yes that's right. You would have had the right to cancel the agreement within the first 14 days of signing the agreement if you had signed it away from their premises and a member of staff had said something to you about it.
Of course, you can always cancel a credit card agreement at any point later as well.
They've also sent me what appears to be a copy of the original terms and conditions although there's no date on it.
Irrelevant unless they are clearly part of the agreement that you signed
No Right to Cancel?
' premises The law would also require us to use a different form of agreement If such an oral statement has been made to you we cannot consider your application on this form unless you take it into a Barclays branch and sign it before a member of the staff (you would then have no right to cancel) Alternatively a Cancellable Barclaycard Agreement Form can be obtained by telephoning the Barclaycard Centre on Northampton 0604-2110"
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Originally Posted by uptoneck
For some reason I can't get it to upload properly, and I haven't made enough posts to include it as a picture file here. If anyone wants to see it, PM me and I'll send it as an attachment.
