Thread: Help - Credit Card Agreement Request

I briefly watched a report on the news recently about debtors not owing money to lenders due to flawed credit agreements, and that if the lenders took the debtors to court the credit agreement would not be enforceable.

This got me thinking about my Barclaycard as I can't ever remember signing an agreement for the card, and if this is the case (and I'm hoping it is) then I may not have to pay back the £1600 that I owe them.

The reason I don't think that I signed an agreement (we are going back 5 years now) is that I remember receiving a letter in the post advising my application had been accepted and that I needed to sign and send the enclosed forms back to receive my card. At this point, I decided I did not want the card and tore the paperwork up. However, a few weeks later (just before Xmas) I received a credit card in the post even though I didn't send the forms back and as I was skint I decided to keep it and use it!

:idea: Barclaycard should have my signed agreement on file, shouldn't they?? I am planning on writing a letter requesting them to send me a copy of this and have been looking at section 78 of the Consumer Credit Act 1974 stating that they have to send me this;

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement

:idea: I think that I'm looking at the right thing here, but it doesn't state what timescale they have to respond to me by. CAN ANYONE HELP?

Thanks

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Originally Posted by banksworstnightmare

I briefly watched a report on the news recently about debtors not owing money to lenders due to flawed credit agreements, and that if the lenders took the debtors to court the credit agreement would not be enforceable.

This got me thinking about my Barclaycard as I can't ever remember signing an agreement for the card, and if this is the case (and I'm hoping it is) then I may not have to pay back the £1600 that I owe them.

The reason I don't think that I signed an agreement (we are going back 5 years now) is that I remember receiving a letter in the post advising my application had been accepted and that I needed to sign and send the enclosed forms back to receive my card. At this point, I decided I did not want the card and tore the paperwork up. However, a few weeks later (just before Xmas) I received a credit card in the post even though I didn't send the forms back and as I was skint I decided to keep it and use it!

:idea: Barclaycard should have my signed agreement on file, shouldn't they?? I am planning on writing a letter requesting them to send me a copy of this and have been looking at section 78 of the Consumer Credit Act 1974 stating that they have to send me this;

:idea: I think that I'm looking at the right thing here, but it doesn't state what timescale they have to respond to me by. CAN ANYONE HELP?

Thanks

Simple answer...CCA BarclayCard...

This is basic debt avoidance and not endorsed by this site.

If they cannot produce an agreement it doesn't mean it doesn't exist it just means they cannot enforce it through a court. By your own admission you owe £1600, so pay it.