Thread: Sky Card (barclaycard)

You might consider uploading the the agreement after removing any personal information, I am sure someone will advise you on enforceability.

Andy

Originally Posted by lest we forget

Hi all,

This is my first post and i am requesting some advice on an agreement that i have with Skycard.

I have been through the usual CCA request process and did not receive the agreement so sent out account in dispute letter. I eventually received an application form signed by me which appears to contain all the prescribed terms. It is not signed by Skycard so i believe that it is not an executed agreement.

Correct, if its not signed by both parties then its not been executed but can be ratified by the court.... unless the agreement doesnt contain the prescribed terms also.

I received a default notice on 27 July 2009 stating that payment must be received by 13th August 2009. This is only 14 days and does not allow for postage so i believe it is not valid.

Basically, my question is whether it is worth pursuing as the agreement is enforceable or should i continue not paying as agreement has not been executed correctly and the default is invalid?

You should NEVER alert a lender that a problem exists with a default notice UNTIL they have terminated the agreement. Who supplied the DN, Mercers?

As suggested, you might want to post up the agreement they have sent minus personal info.

Are there any charges you can claim back against this balance? Have you done a Subject access request to get your statements if you dont have them?

S.

thanks for the responses - ok here goes.

I have attached below the application form. A set of separate conditions, which i believe are current, that were sent with the application and the default notice.

With regards the charges Shadow i am doing this through a company but have not heard anything for several months. I know i could/should have done this myself but only came across this website recently!!


http://i793.photobucket.com/albums/y...tyboy/1012.jpg

Hi LWF,

I've removed the last 4 links from above which showed your name and address. All appeared to be the same. You should remove the T&C's from PhotoBucket, hide the personal data and repost a link.

Regarding the Reclaim Co you're using, BC are repaying penalty charges quickly and have been doing so for ages. The only reason for a delay is if the Reclaim Co are also seeking higher interest on your behalf, eg Contaractual or Restitutional interest.

If they are claiming this, then delays will occur because BC will not refund voluntarily and a county court claim would need to be filed on your behalf.

Check with the Claim Co about this and, if you're not happy, reclaim yourself as it's quick and easy AND you get to keep YOUR money.

thanks Slick missed that address on that attachment.

I have only uploaded the default this time as after a closer look the other documents are only latest terms and conditions as the address is my new one which i only moved to last year.

http://i793.photobucket.com/albums/y...tyboy/1016.jpg


I will chase up the claims company next week - thanks.

The other possible reason for delay in repaying the charges is if the company are asking for their fee out of the charges and Bcard want to apply the full refund against the balance.

of they could just be lazy so and so's

S.

Hi LWF,

You've left your name showing on the doc't in the 2nd link above - this should be removed.

Westcott are demanding payment in respect of a disputed balance, ie one which includes penalty charges, which you dispute and want refunded.

Accordingly, their collection activity is a breach of the OFT debt collection Guidelines and should be reported to the fos for investigation.

I assume you have told your Reclaim Co about this. If they have the reclaiming of charges in hand, collection activity on the a/c should be suspended.

Hi LWF,

I've removed the 2nd link from post #6 which showed your name. For future reference, you can edit any of your own posts using the EDIT button at the bottom of the post.

See Link No5 in my signature below for the Credit Agreement Guide.

There are folks here more experienced in such matters but the Skycard agreement looks, to me, like it contains all the required info. Even if their signature is not on the agreement, as The Shadow said above, a court would probably confirm the agreement IS enforceable, regardless of this omission.

Re the DN, check out the Stickies at the top of this forum - http://www.consumeractiongroup.co.uk...efault-issues/ The DN's validity may depend on them allowing you adequate time to remedy the situation.