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 have written to Barclaycard with Section 78 and SAR request.
They have not sent me a signed agreement only the latest terms and conditions, which they claim to be the latest agreement, and that this satisfies the Section 78 request for a copy of my executed agreement.
They go on to state:
"Under Section 78, we must supply you with a copy of your executed agreeement and statement of of account which is practible to refer. However, under Regulation 9 of the Consumer Credit (Cancellation Notices and Copies of documents) Regulations 1983 for accounts opened before 19th May 1985 such as yours, we can send you a copy of your current executed credit agreement"
Question: Are they allowed to this not supply me with a copy of my executed agreement because I took it our before 1985.
I have tried to find Regulation 9 of the Consumer Credit (Agreements) Regulations 1983- but there only seems to go upto regulation 8 (in my copy). I have included regulation 8 as it the only section I can find that makes reference to 19th May 1985.
I hope this make sense?
Signed: James
8 Application of Regulations
(1) Subject to paragraph (2) below, Regulations 1 to 3 and 5 to 7 shall apply to regulated agreements, and modifying
agreements treated under section 82(3) of the Act as regulated agreements, made on or after 19th May 1985.
Page 11 of 50
(2) In the case of a modifying agreement of a type specified in paragraphs 3 to 19 of Part I and 3 to 8 of Part II of
Schedule 8 to these Regulations made on or after 19th May 1985 which varies or supplements an earlier credit agreement
or an earlier hire agreement made before that date, nothing in these Regulations shall require the information about
financial and related particulars specified in those paragraphs to be contained in any document embodying the modifying
agreement if no term of the earlier agreement relating to such financial and related particulars has been varied or
supplemented by the modifying agreement.
(3) Nothing in these Regulations applies to a regulated agreement which purports to bind a person to enter as debtor or
hirer into a prospective regulated agreement and which is excluded from the operation of section 59(1) of the Act by the
Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983.
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.
Steven4064 has given opinion on this and I quote:-
" The Consumer Credit Act is dated 1974 so any agreement taken out in 1985 must comply with it - that means they can only enforce the agreement if it is properly executed. If not, they have to get a court order and a court may only grant an order if the agreement is signed and has the prescribed terms. In this case, it doesn't have to be set out 'in the proper manner' but it does have to contain the prescribed terms and it does have to have a signature. "
So, in your case, BC still have to have a proper credit agreement if they want to get a court to enforce the debt.
Read Link No5 in my signature below about credit agreements.
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.
Thanks to Maroondevo52 for setting up the link and slick132 for his advice, I will click your scales. I have received Default Notice letter today (29.09.09) from a DCA called Mercers, served under the 87(i) of the CCA 1974.
I am going to send them the Consumer Forum "standard" letter to say that I am dispute with Barclaycard as they have failed to provide with a signed CCA with the prescribed terms and whilst it is in dispute - it is legal for Bcard to send my details to a DCA.
Is this action correct and should I do anything else?
Are there any penalty charges on this a/c for late or missed pay'ts, over-limit fees, etc. Any such charges will render the Default amount incorrect and so the DN would be invalid.
The problem about them refering the case for collection is that they don't agree the a/c is in dispute. So they maintain they are allowed to chase the a/c in the normal way.
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.
BARCLAYCARD HELP REQUIRED
request.
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