Thread: Can someone tell me if this is a proper Credit Agreement

Well it is an application, it says as much at the top of paper.
Having no creditors signiture only mean it is not executed so only a court can rule its enforceability, but they usually do if it contains the required terms

Some application forms can be agreements if they contain the prescribed term within the document.

I see no terms, but can't read what it says above the signiture box, does it refer to any terms overleaf, is there any reference to terms?

Did you recieve anyting else from Robbersway, letter, copy of terms & condition, statement of account?

Also how old is this alleged debt, What is the date of application and when did you last acknowledge or make a payment towards it.

Have you received a Default Notice?
Have you received a Termination of Account Notice?

The more we know the better the advise will be

Another point- the form has sections stating "Yes, I want payment Protection etc" and "yes I want card protection..." but these appear to be stated as a predetermined fact. Maybe it's my sunglasses but I see no tick box??
Did you take out PPI under the impression it was mandatory??

Elsa xx

Hi Pezz,
There's 2 different ways you can address this (maybe 3, read on)
1. CCA without prescribed terms. So good so far. What you would need to ascertain is what, if anything, was on the reverse of the original. Have a search round the forum for other threads on Barclaycard application/agreements round that period, see if you can match it up and throw any light on it.

2. Missold PPI - PPI should be an option, and correctly explained to you,not automatically included. If the CCA proves enforceable then reclaiming the PPI and any unfair charges would offset the debt.
Info here: http://www.consumeractiongroup.co.uk...-ppi-want.html

3. Did you receive a Default Notice and/or Termination notice for this account? If so, can you scan and post it on here minus your personal details. They have to issue a compliant DN before they can terminate the account/demand full payment etc.
　
In the meantime I would consider writing back to them on the following lines (bearing in mind that anything you write from now on may ultimately be read by a judge, so keep it polite :

Re: Account Number xxxxxxx
Thankyou for responding to my formal request under the Consumer Credit Act 1974 for a copy of the compliant executed agreement relating to the above account.
However, unfortunately the document you provided does not satisfy this request, in that it is an application form and does not contain the prescribed terms and conditions necessary to make it an agreement enforceable by the Courts. I am sure you must be aware, in the current climate, of what the prescribed terms are, but if you are in any doubt I will be pleased to elaborate.

Consequently, until a valid executed agreement is supplied, the account remains in dispute and as such further enforcement action cannot be taken.
I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.
With regard to the definition of "enforcement", I would remind you also that you are still required to comply with OFT debt collecting guidelines in order to retain your Consumer Credit Licence.

I am anxious to be reasonable in this matter, therefore I am allowing you a further 14 days until (xxdate) in which to comply with the requirements of my request and supply a valid agreement.



Please note specifically:

• If there is a back page to the copy you have supplied, then this should be included and certified as such.
• If there is no back page copy then this should be stated.
• I also require a copy of the full terms and conditions in effect at the time of the alleged agreement, together with any amendments to the present date.
• A current full statement of account should also be supplied if you have not done so already.

If you are unable to supply the requested documents I would be grateful if you would specifically confirm this in writing.

Should you ultimately supply a fully enforceable agreement which legally demonstrates my liability for this debt, I would of course negotiate a suitable repayment plan.
However, I notice that the agreement you supplied contains mandatory, thereby missold, PPI and Card Cover, which clearly makes the amount you are demanding incorrect, as would any unfair charges included in the total. I would therefore naturally claim for refund of these amounts, including Statutory interest, to ascertain the true amount of the debt prior to agreeing any repayment programme.

In view of all the foregoing, if you cannot comply fully with my request, I suggest that you return this account to your client, who may wish to consider writing off what appears to be an inaccurate total amount based on an incorrectly executed therefore clearly unenforceable agreement.

yours sincerely etc

Just my opinion, hope it helps
Elsa x
　

Very nicely summed up ...great letter

Consquently, until a valid executed agreement is supplied, the account remains in dispute and as such further enforcement action cannot be taken.
I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.
With regard to the definition of "enforcement", I would remind you also that you are still required to comply with OFT debt collecting guidelines in order retain your Consumer Credit Licence

Any news on this Pezz?
Did we scare them off?

Elsa xx