DK vs Barclaycard

[DK32UK]

That's all of them now! I thought I had messed up by adding .jpgs again, but I really, really uploaded .pdfs afterwards and they landed as .jpgs again. Very odd. Anyway, apologies for all the file drama and thanks for sticking with me

Edited August 18, 2013 by DK32UK

[Desperate Daniella]

Hi,

 

Firstly you should remove the statements, and the Cabot financial sheet, and the figure in the letters, as all of this makes you easy to identify.

 

I think I have been through them all, but in case I have missed one: Is your signature on anything they have sent you?

[DK32UK]

OK, thanks, my signature is on the Barclaycard Application for New Customers form.

[Desperate Daniella]

Sorry, but which scan number is that?

[DK32UK]

006 posted at 11:07. The signature can be found in the bottom right corner (which I have blocked out).

[DK32UK]

I've removed all documents as per suggestion. If you need to see these again with personal information blocked, please let me know.

[Desperate Daniella]

Okay. You also need to remove the date.

 

I cannot read what it says in the bottom left hand box.

 

Are there are any prescribed terms in it?

 

Does it make any reference to anything being overleaf?

 

Does it make any reference to your being given T&Cs before you signed it?

[DK32UK]

The print is even less eligible on the original printed copy I have. It looks to be a faxed document from Barclaycard to Cabot, so I am unable to answer any of your questions because I can't read them either! OK, I've just zoomed in on the .pdf doc and I can just about read it. Can you do this from where you are? If not, let me know and I will type it all out, but it will take some time.

[DK32UK]

Zooming in at 250% is the clearest I can read it.

[Desperate Daniella]

Have you taken it down to remove the date?

[DK32UK]

[ATTACH=CONFIG]45867[/ATTACH][ATTACH=CONFIG]45868[/ATTACH][ATTACH=CONFIG]45869[/ATTACH][ATTACH=CONFIG]45870[/ATTACH]Yes I did, and here are the amended documents minus personal details. The Barclaycard application is document 006.

 

[ATTACH]45868[/ATTACH][ATTACH]45867[/ATTACH][ATTACH]45869[/ATTACH][ATTACH]45870[/ATTACH]

[Desperate Daniella]

I can barely read it but I cannot see any reference to the prescribed terms which need to be there - rate of interest, payment details, etc.

 

I can't see any reference to anything overleaf, or any conditions particularly referred to.

 

I can't see that you were given any T&Cs before you signed?

 

Is that right, as far as you can see?

[DK32UK]

In documents 1-20 above are Barclaycard condtions that Cabot sent, all in tiny writing.

[Desperate Daniella]

That doesn't matter.

 

What they need to send is an agreement which contains the Prescribed Terms with your signature on it. This almost certainly means they don't actually have one which is very good news.

 

I will help you with a letter, but won't be able to do it until tomorrow as I'm going out very shortly.

[DK32UK]

Ah, I think I know the doc you mean! I'll have a rummage to see if I have one anywhere, but I have a feeling that I had the document to sign and send back, but didn't with this one.

 

Thanks for your help. Have a great day!

[Desperate Daniella]

Let me know if you find the document then we can do the letter.

[DK32UK]

I've had a look through all my old paperwork and can't find anything else that has my signature on. Several years ago I contacted Barclaycard for the CCA, but was ignored, yet Cabot's request was granted, so if there is anything else with my signature on Cabot will request it from Barclaycard.

[Desperate Daniella]

Well at the moment, they do not have a Credit Agreement with the Prescribed Terms with your signature on it.

 

Write to them and say that what they have sent is an Application form which does not contain the Prescribed Terms as laid down in the Regulations of the Consumer Credit Act 1974. Tell them that it is quite clear that the so-called agreement they have sent cannot be connected to the Application form and you can prove it.

 

Then refer them to the Waksman Judgment in Carey v HSBC, paragraph 234 (4) which clearly states that where an agreement has been varied a copy of the original agreement must be supplied.

 

Then say that under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) they have an obligation to advise you if they hold, or have ever held, a properly regulated signed credit agreement relating to this alleged account, and that they are equally obliged to tell you if they hold no such agreement.

[DK32UK]

Thanks, I'm just making a start on the reply and although they appear to have my signature on the Barclaycard application form their last correspondence states the following:

 

"We have also enclosed a copy of your signed credit agreement which goes beyond our obligations as set out under the CCA, but is included as it clearly shows you entered into a credit agreement with Barclaycard, the original lender"

 

Is this their attempt to trick me into thinking that what they've sent is a 'signed consumer credit agreement?'. In the post above does 'Application' refer to the CCA? "Tell them that it is quite clear that the so-called agreement they have sent cannot be connected to the Application form and you can prove it".

 

Thanks everso

[DK32UK]

This is what I've written so far, does it read OK?

 

"With reference to your correspondence of *****, I would like to point out that the information enclosed contained a copy of a Barclaycard application form which appears to have been confused with a request for a signed 'Consumer Credit Agreement' detailing Prescribed Terms as laid down in the Regulations of the Consumer Credit Act 1974. It is evident that the documents I have been sent are not connected to an original signed Consumer Credit Agreement.

 

If I may refer you to the the Waksman Judgment in Carey v HSBCicon, paragraph 234 (4) which clearly states that where an agreement has been varied a copy of the original agreement must be supplied. Under the Consumer Protection From Unfair Tradingicon Regulations 2008 (CPUTR 2008) you have an obligation to advise on whether you hold, or have ever held, a properly regulated signed credit agreement relating to this alleged account, and you are equally obliged to inform me if you hold no such agreement".

[DK32UK]

Just an after thought, should I be informing them on this letter that the the account is now statue barred also, or should I wait for a reply? My last payment was 2 August 2007 so the 6 years are up!

 

Thanks

[slick132]

Hi DK,

 

In the circumstances, I would simply send them the Statute Barred letter from the Library.

 

Even if the payment they say was made on 2nd August 2007 was actually a CCA request fee, it is now SB'd.

 

[DK32UK]

I replied to them a few weeks ago with a statute barred and also informed them that they had still not offered a signed CCA. Usually they reply within a week, but nothing so far..

[slick132]

Sounds like good news and no need to do anything further for now.

 

[DK32UK]

A reply from Cabot. I've saved it as a .pdf so hope it uploads...

 

Can anyone advise on what happens now? Will this debt be kept on my credit file and say if I wanted to get a mortgage at a later date would I have to pay off this debt before doing so? I very much doubt it gets forgotten about..

 

Thanks