Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Smile Fraserwhp -v- Barclaycard

    Wanted to check the validity of my Credit Agreement with Barclaycard. I am having great difficulty in obtaining a copy. They cannot produce a signed copy of my Agreement and tell me that when I first used the credit card I "digitally signed" the Agreement. Has anyone else experienced this response from Barclaycard? Any feedback welcome.


  2. #2
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    Default Re: Fraserwhp -v- Barclaycard

    Hi Fraserwhp and welcome to CAGicon.

    I've put your post into your own thread to avoid hijacking someone else's. Use this to discuss your case and ask Q's.

    When was this BC a/c opened and can you recall how it was applied for, ie online or by paper application.

    If you haven't yet sent them a CCA request, do so using Letter N from here and enclose the £1 fee - http://www.consumeractiongroup.co.uk...templates.html

    They won't send you the agreement but it's good to start the process off properly.

    You will have to use the CPR Strategy if you want sight of the agreement. Read Link No2 in my signatureicon below.

    Read other threads here in the BC forum - you'll learn loads.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

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  3. #3
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    Default Re: Fraserwhp -v- Barclaycard

    Hi Slick, many thanks.
    The B'card Account was opened Sept 06 on a Classic Application Form, they have not produced a copy of an Executed CCA and are unlikely to. Their Bullish Press Gang "Mercers" of Liverpool say that the agreement was agreed & accepted by me by using the card for the very first time and called it a "digital signatureicon". I've asked them to put that in a letter to me confirming their view, Mercers say they don't need to as they have told me verbally during a telephone conversation and they have closed their file. All I think, most spurious, what are they playing at?

    I've written today again directly to Bcard requesting a copy of the original signed CCA drawing their attention to their obligation under the Act to provide me with a copy of the executed agreement.

    what's your view?


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    Default Re: Fraserwhp -v- Barclaycard

    Any Input from anyone?


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    Default Re: Fraserwhp -v- Barclaycard

    Hi FW,

    BC will not supply the Agreement in response to the CCA but it's a useful formality to start off with.

    Ignore Mercers unless they start harassing you too much, in which case read here:-

    The Consumer Forums - debt collectors

    The Consumer Forums - Harassment

    Read up on CPR as mentioned above.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  6. #6
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    Cool Re: Fraserwhp -v- Barclaycard

    Hi Guys,

    If Barclaycard do not send the agreement after a cca request then how would I go about getting a copy? SARicon maybe? Civil Procedures will not apply as I am in Scotland.

    Thanks

    R


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    Default Re: Fraserwhp -v- Barclaycard

    Thanks Slick, what's your view on this digital signatureicon? Any thoughts....FW


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    Default Re: Fraserwhp -v- Barclaycard

    Re the digi sig're, it's mentioned in here - http://www.consumeractiongroup.co.uk...greements.html

    I think Mercers are talking nonsense, but that's nothing new !!

    Re the Scottish angle, this came up recently - I'll look around and see where it was.

    The SARicon could be used and then complain to the ICO when they fail to produce the agreement.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.


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