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Having researched all the threads here a few months ago I found that I too had a Barclaycard which was granted without a properly executed agreement.
I have stopped paying and informed Barclaycard that I wish to see my credit agreement etc before paying any further. This was March 2009.
They have responded in the same way as they have to others posting here - sending me blank examples of current agreements etc. I have made the requests via Subject Access and via the £1 fee CCA thingy too.
They have failed to supply a Credit Agreement signed by me. And when I spoke last on the phone to their customer services, they admitted there was not one to send !
I have been contacted on the phone by Mercers / Calders ( tried ignoring the phone but it rang literally 100 times per day )
When I spoke to them, they threatened to take me to court. I replied "Yes please, can you do that asap so that a Judge can make a decision on whether there is an enforceable agreement". This surprised them and after a bit of stammering they said "You actually WANT to be taken to court ??" I told them that I believed there was no enforceable agreement and there was no point in continually calling as I am simply unable to pay - so avoid wasting everybodies time and take the matter to court asap !
Its been 10 weeks now and I have had no calls and no letters.
I have moved house but still have access to any letters posted to me at my old address. I am also still contactable via mobile phone.
A few questions -
1, Do I have to give Calders / Mercers / Barclaycard my new address ?
2, Can I speed up the process - ie, can I take the matter to court ( to get it ruled unenforceable ) rather than waiting for them to ?
3, Is there a time limit they have to recover the debt ?
4, I understand that in a stated case, the judge ruled that all monies given to the customer by credit card provider must be treated as a gift if the debt is unenforceable ? Does this also apply to the monthly payments - are they regarded as a gift from customer to credit card company ?
1. Personally, I think you should give them your new address.
2. Taking them to court is an option but only when you know what you are doing, and why. Link No2 in my signature discusses the CPR strategy but this should only be used if you are certain you want to take them to court, and understand the risks involved.
3. In England, the Limitation Act 1980 says they have 6 years in which to pursue a debt, from when you last paid or acknowledged it. In Scotland, it is 5 years.
4. If there is no enforceable credit agreement, they may be unable to get a court to issue judgement against you for any balance owing on the account.
You should spend time reading as many other threads as you can, to see what is happening in similar cases.
You cannot rely on what they said to you on the phone, about there being no credit agreement available. I very much doubt if the person to whom you spoke had access to such info. BC, like other CCard Co's are reluctant to send out 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.
Jack Reacher v Barclaycard.
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