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I asked Barclaycard back in November for my CCA and they have been sending me a copy of the T&C etc but i have continued to pester them, Today i have received a copy of my application form (signed)
It does say "Credit Agreement regulated by the Consumer Credit Act 1974"
In the letter received from Barclays is states "A signed copy of your application form is enclosed which advised you that "This is a credit agreement regulated by the Consumer Credit Act 1974 sign it only if you want to be legally bound by its terms"
To my knowledge this is the only form i signed.
Would a court decide this is enforceable and has it meet with the CCA request?
Interesting to note the "BANK USE ONLY" Authorised signature box is blank"!!
Thanks
Sam
Well if this is all they sent you then no I dont think its enforceable.. it doesnt appear to have some of the prescribed terms.. namely your credit limit, or a statement that they will decide a credit limit from time to time for you... or more importantly the APR% or repayments cost. These CAN be put into the t&c so this is why I asked if this is all they sent to you....
And yes I believe the document does need to be signed by both parties just like a legal contract although I may get shot down in flames for this one
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.
Cant really read the t&c to see whats in it... is that the state of the copy they've sent you or just a bad scan?
Also noticed the fax number and date it was faxed on the top of the application and side of the t&c, Its last year? why take so long to send on to yourself?
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.
Forget the fax details, I dont have a scanner so had to fax to email.
All the paperwork arrived in the post.
The T&C or the usual buff with the APR's listed, There is no credit limit details.
Thanks
Sam
I think your going to have to prove these two pages arent linked in any way or that the t&c are illegible then...
....as they can get around the prescribed credit limit by having a line in the t&c saying that You will be given a credit limit and this will be changed from time to time... its usually one of the first points in t&c's I've seen
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.
Barclaycard CCA Issue
is states "A signed copy of your application form is enclosed which advised you that "This is a credit agreement regulated by the Consumer Credit Act 1974 sign it only if you want to be legally bound by its terms"
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Originally Posted by flyerx
