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I CCA`d barclaycard and received no reply,...well i received a phone call from a DCA, (strange that i hadn`t heard from them in 2 years) however I stated to the DCA that barclaycard was in default as I had CCA`d them and had no responce within the statutory time limit. They said that they would see what they could do and low and behold 2 days later this arrived with a demand for all the monies owed.
I`m just looking some advice as to wheter or not this is actually enforcable..
Thanks
P.s this isn`t my dodgy scanner from the 80`s,..Its what the agreement actually looks like.
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.
I CCA`d barclaycard and received no reply,...well i received a phone call from a DCA, (strange that i hadn`t heard from them in 2 years) however I stated to the DCA that barclaycard was in default as I had CCA`d them and had no responce within the statutory time limit. They said that they would see what they could do and low and behold 2 days later this arrived with a demand for all the monies owed.
I`m just looking some advice as to wheter or not this is actually enforcable..
Thanks
P.s this isn`t my dodgy scanner from the 80`s,..Its what the agreement actually looks like.
PPs could somebody be so kind and let me know how i post an image in my post. Its asking me for a web address where the image is located. Here`s a temp link to it anyway. RapidShare: Easy Filehosting It can only be viewed 10 times. Thanks
can't see any agreement................ ...
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Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
Thats a nice "APPLICATION FORM" they've sent you there Jaxo...
It doesnt contain any of the prescribed terms.. i.e. repayment details or credit limit and it doesnt contain a signature from the company either as far as I can make out.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
Originally Posted by pmw1971
Thats a nice "APPLICATION FORM" they've sent you there Jaxo...
It doesnt contain any of the prescribed terms.. i.e. repayment details or credit limit and it doesnt contain a signature from the company either as far as I can make out.
unenforceable I reckon
Hi pmw1971, I was thinking unenforcable myself. Don`t really know tbh. But it seems more loike an applicartion form to me. However there is terms and conditions at the bottom left. I cant make them out but if they got a better photocopy would it then become enforcable??
What is the next course of action I should take? Is there any templates of what to send them next?
Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
Originally Posted by Jaxo_uk
Hi pmw1971, I was thinking unenforcable myself. Don`t really know tbh. But it seems more loike an applicartion form to me. However there is terms and conditions at the bottom left. I cant make them out but if they got a better photocopy would it then become enforcable??
What is the next course of action I should take? Is there any templates of what to send them next?
thanks
Could ask for a copy that you can actually read the Terms&conditions you mention on it... its your right to have a document thats legible.
I notice it looks like a photocopy of a fax so its going to be a bad copy, they may have asked it for speediness and now have the actual document in front of them in which case you should get a better copy next time.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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.
Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
Josie and pmw have already answered the question- this isn't an agreement at all, let alone an enforceable one. It doesn't have any of the prescribed terms AFAICS
Steven
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Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
There is no template AFAIK - just write to them in plain English and tell them that they haven't sent an enforceable agreement (and why) and therefore they have no right to be communicating personal data about you to third parties, namely CRAs. Tell them that you want them to get the adverse credit markers removed ro you will commence proceedings under s14 of the Data Protection Act 1998
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
Just an update:......
I lodged a complaint with equifax about unsubstaned data on my credit files that had no credit agreement to back it up. Two weeks have passed and today i got an email saying, Please log into equifax as 3rd party has responded to complaint.
This is what i wrote to them (Equifax) : The company in question has registered data against me on this credit file & with experian that is incorrect. I want the data removed from both CRA`s as unsubstanciated as barclaycard cannot provide me with an original signed credit agreement as required by the consumer credit act 1974. I have now requested this document from them (along with the £1 statutory fee)& given them the required time limit to respond on 2 seperate occasions and have not had a single reply. If they are able to produce above mentioned document I want to see physical proof and not an email from yourselfs saying you`s have seen it etc."
This is the reply from barclaycard:
"We will delete the entry on line"
Thats it, A one liner. Hopefully they will remove the data from experian to as this complaint was only with equifax. Experian don`t have the same online dispute features as equifax. This reply was received today a 3pm, however the data still remains on both credit files, However I pulled both files this morning and cannot pull new ones until tomorrow so fingers crossed.
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.
Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
Hi Jaxo,
And congratulations! They backed down incredibly quickly. Sorry to ask, but was the balance enormous? I haven't been provided with a copy of my credit agreement, which would be over 20 years old, and they have ignored my letters and now put DCAs on it.
Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
Hi slick and daniella, Sorry for taking so long getting back to you but it has only been today that this has come of my credit file. So it took a while but I got a result in the end,...Well I sort of got a result (it came off my equifax file but not my experian) The dispute was lodged with equifax but afaik experian don`t have this facility (If they do a link could somebody post a link). So what can I do next to get it of my experian file as they don`t have this option. ? If I wrote to experian explaining the situation to them showing them documents and proof do you think they`d remove it?...(me neither)....so what options do I have? or should I just be happy its removed from equifax?
Re: Jaxo_uk vs barclaycard ... is this CCA enforcable
I'd write to Experian now and demand they remove any entry for this a/c or you'll take further action against the. Tell them Equifax have already complied.
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.
Jaxo_uk vs barclaycard ... is this CCA enforcable
from a DCA
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Originally Posted by Jaxo_uk
