Thread: Barclaycard; are the terms enforceable?

Hi People,

After days of research and serious reading, I have CCA'd Barclaycard and they have complied by providing a blank copy of T&C's dated from the month the account was opened.

I replied with the following:

thanks for your prompt response to my formal request for a true copy of my credit agreement (your ref: section 78 of the consumer credit act) dated 15th May 2009. It was safely received on the 19th May 2009.

I wrote requesting that you supply me with a true copy of the executed credit agreement for this account. In response to this request I was supplied with a document entitled “May 1995 Barclaycard T/C”). The document in question is generic and could apply to any number of individuals as it displayed no name and address information, nor did it display my signature.

I respectfully request that you provide me a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

Obviously if the agreement is improperly executed I would be entitled to ask a court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.
I do not view this as an unreasonable request given that by supplying the document which I have asked for, will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save as to costs on both sides.

I look forward to your reply and would ask for a response within 21 days. Should there be any reasonable administration charges in relation to my request, please inform me by return as I would be happy to meet such costs.

Yours faithfully,

I am awaiting a response and will let you know the outcome.

In the meantime I have scanned the T&Cs below (please access link, full scanned images are viewable and can be zoomed in to accurately read)

Does anyone know, in the event that I did in fact sign the terms, are they enforceable or not??

It was back in 1995 so a long way back, they have not specified the credit limit which seems to be the norm on most accounts at application stage. Any feedback would be greatly appreciated.

4shared - free file sharing and storage - share folder - BC Terms

Once again thanks in advance.

Hi KMU and welcome to CAG,

BC will have sent you, like almost everyone else, a set of general T&C's. They'll maintain that this fufulfills their obligations under the CCA 1974, and that they are therefore free to pursue any monies o/s on the a/c.

As you've already sent the 1st CPR letter, you should wait for their (lack of) response and then send the 2nd letter.

Have there been penalty charges made to the a/c in the last 6 years. BC are happy to repay these in full at the mo.

And have you been charged PPI on the a/c which you didn't ask for, or was inappropriate for your circumstances.

Hi KMU,

....I would at that stage Subject access request them as well to claim charges by way of upping the ante.

Good theory but it doesn't work like that. BC, like all the other institutions, are not going to be remotely phased, whether you ask politely for one thing or drag them screaming into court ready to have them hung drawn and quartered for a series of banking mis-deeds.

If there are charges on the a/c, send them an SAR to get your last 6 years' statements. Get started on reclaiming now, or you could lose out on charges which fall outside the 6 year window.

Read the Reclaiming Guide in Link No1 in my signature below.

They are repaying the charges because they have no legal grounds to defend them. They'll refuse initially, or offer to pay some of the charges. But then they'll refund in full. The only exception is if you claim interest from them at their contractual (higher) rate. Then they'll refuse to pay and you WILL have to take them to court to get your maoney back.

Read through threads here in the BC forum - you'll learn loads and soon see how other cases are going.

It's pure speculation on whether they have your credit agreement or not. They are sending the T&C's out routinely, and this does not mean they don't have your agreement tucked away.

The doc'ts you posted are not your credit agreement and BC are not saying they are. They say that they have complied with their obligations under CCA1974 by supplying this info.