Jump to content


Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

About gizmotesla

  • Rank
    Basic Account Holder
  1. If they wanted to be fair they could offer remedy by reversing their decision, if they were reasonable they might apologize for the inconvenience, if they were as nice, friendly and informal as their computer letter tries to portray, they could send a small gift of flowers.
  2. I've lost use of a years held good history 7K facility to draw on credit. IMO, probably their bulk letters automatically target customers that they perceive as unprofitable with highish limits, with the intention to catch some of them out. Then they blame the customer and hide behind the rules of the agreement so as not to put it right. Maybe been standard practice since 2008, but I wasn't aware until this, but probably fos is used to it.
  3. Since their computer letter doesn't reference any Act, agreement, contract or law, I can only assume it's a rather tricky letter intended to confuse and cause loss to me.
  4. What if the note was lost in the post? I wasn't looking for a democratic consensus. Sometimes answers are outside the box.
  5. Oops, I almost forgot. They didn't use the word "agreement" even once in the note (must be taboo like for the FOS:-)).
  6. Thanks for looking at the legal stuff. Firstly, I think there is some significance in the form that the note took, and it's computer generated appearance, visually informal in the standard barclays blue headings used for promotions and t&c updates. Unfortunately, like most probably, I receive quite a few similar looking type unsolicited letters regularly, such that I have become a bit jaded in dealing with them, and most of them either go in the bin, or put to one side for filing. If I'm travelling, my mum will also go through them and alert me if anything looks important. There was n
  7. For me, there are a few reasons that give me cause for concern about my experience which make it worthwhile to pursue; 1. The refusal by the FOS to investigate or even acknowledge any of the legal aspects or implications of the whole story is fairly alarming. Would you believe that they managed to carry out their entire investigation procedure without ever using the word "agreement"? Their clumsy cover up and whitewash would be funny, but for; 2. I drive on the continent a lot, and require the large credit facility for peace of mind, if needed in case of accident, breakdown or other
  8. I'm not so confident that the bank can legitimately revoke it without giving objectively justified reasons because the physical plastic card is their property, although they would perhaps like to portray such invincibility, and they do indeed sometimes operate with such attitude, and it's true that the FOS may turn a blind eye as they did in my case. I'm still hopeful we're not so lawless, at least in the courts if not in financial sector, and that the card agreement has a meaningful purpose, specifically CCA 1974 section 98 4(b) & ©. My physical paper money also is not m
  9. The consumer credit act 1974 is an implied term of the agreement (ie effectively part of the t&c's) to which Barclaycard is a party. Section 98A covers the issue of a termination notice in this way; legislation.gov.uk/ukpga/1974/39/section/98A 98A Termination etc of open-end consumer credit agreements (4)Where a regulated open-end consumer credit agreement, other than an excluded agreement, provides for termination or suspension by the creditor of the debtor's right to draw on credit— (a)to terminate or suspend the right to draw on credit the creditor must serve a no
  10. I don't agree with your interpretation that the account is the agreement. My interpretation is that the agreement is the contractual relationship with associated obligations for both parties arising from the t&c's together with the implied terms of cca 1974 (&2006 section 140a unfair relationships) and COBS, whereas the account (or accounting) is the processing and recording of transactions under the agreement. Another example of their distinction could be when an account is blocked or suspended, but the agreement is still in effect.
  11. 1. Their computer generated note says they'll close the account automatically unless I say otherwise, but no statement about ending the agreement. 2. Their final response states they issued a notice to end the agreement under its t&c's. IMHO, there are legal/contractual ramifications in the inconsistency of the two statements from the bank, and I dispute statement no.2 and also not sure it would hold up in court under scrutiny. Closing the account is not equivalent to ending the agreement from a contractual standpoint. For example, they could reopen the account under the ori
  12. It is conditional, because I could have kept the card open if I told them otherwise, and the credit limit would have been retained. I was out of the country, but my mum was checking mail and it looks like a junk mail offer. Date of fos decision was 30th Sept 2015. I would like my card re-opened with £7000 credit limit as it was before their kind offer.
  13. I would say that from a legal perspective it is not so clear or unambiguous because; 1. It is a conditional offer, not a notice of their intent. 2. It offers to close the account on my behalf, but does not state that it will end the agreement. The point I am making is that their note doesn't seem to be a legally valid notice to end the agreement under cca 1974, with objective reasons. There are also other important omissions like no return address, no full date, no warnings that I would irreversibly lose credit limit, that I would have to re-apply for a new card, ie witholding
  14. I accept that the t&c's allow them to terminate. I am questioning their claim to have issued a notice ending the agreement, because their note doesn't clearly or unambiguously state so.
  15. This is what Barclaycard wrote in their final response about the t&c's; "May I advise the decision to close your account was not taken lightly and is not a reflection of your credit worthiness. However, your account had not been used since 2010 and we took this to mean you no longer wished to have the facility. The terms and conditions of the Barclaycard agreement state that 'either of us can end the agreement by written notice to the other. Unless there are exceptional circumstances, we will give you 30 days notice before we end this agreement'. I appreciate you were out of
  • Create New...