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 took out my Barclaycard in Nov 2007. I have an outstanding debt on it of £6000.
Last year, I requested a copy of all of my documentation they held for me, together with a copy of my CCA. The only thing they provided me with was a copy of their terms and conditions.
Following several letters and telephone calls and the involvement of the Financial Ombudsman, it turns out that Barclays have acknowledged that they do not hold any documentation for me (they say because my application was made online). My view is.... if they have no documentation for me (signed or otherwise) then they cannot prove that I have ever agreed to their terms and conditions and therefore the debt is legally unenforceable. The Financial Ombudsman adjudicator who ruled on this matter did not rule in my favour, however, this was because the FO based their rulings on fairness i.e. i had spent the money therefore I should pay it back. He did say however that i am within my right to challenge it legally as the courts will look at the legal side of it.
Do i have a leg to stand on here or am I just wasting my time pursuing the matter by trying to have them write off the £6,000.
If you read the guide in my signature below about Checking your Credit Agreement, you'll see that legislation was brought in, in 2004, saying that on-line applications do not need to have a signature - just a ticked box.
Furthermore, s.127(3) CCA1974 was repealed by legislation in 2006 making it more likely that credit agreements from 2007 onwards would be enforceable.
The fos tend to involve themselves in seeing that the agreement is produced for you, and in taking a moral view about what you owe on the account, regardless of whether the account is enforceable or not.
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 - Lost all my documents
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