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CCA Enforceability - barclaycard visa


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Hi,

 

In order to try and determine the enforceability of my cca agreements for all my credit cards i have requested my agreements from all.

 

I would be extremely grateful if anybody could offer any advice on their enforceability by looking over the agreements I have received or by offering any other advice.

 

I wrote to Barclaycard visa card on 11/11/08 and they sent me the following agreement on 2/1/09, cleary more than the 14 day period. In addition the agreement is not signed by me. I sent them a second letter received by them on 19/1/9 stating that they have not sent me the signed agreement as I had requested, and I am requesting it again. They have still not replied. I have been advised to wait a little longer as they apparently have 30 working days to fulfil the second request, which would be 3/3/9.

 

http://photobucket.com/BarclaycardCCA

 

Any advice on the enforceability of the barclaycard agreement would be greatly appreciated.

 

Many thanks in advance!

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The paperwork that Barclaycard have supplied meets your request under s77/79.

 

However, I take the view that what they have sent you is unenforceable. There is no mention of your name, address or signature unless you have blanked them out.

 

To confirm if they do hold a valid CCA for the account you will need to send a Subject Access Request to Barclaycard at a cost of £10.00

 

I'm sure others will offer their view.

 

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Hi supasnooper is correct what they have sent complies with S78 CCA 1974 in that they can send a blank agreement though with the £12 charges on this agreement I would like to know how long ago you started the account (just the year) as I believe that BC along with other CC providers did not apply £12 charges before 2006.

 

While they have complied with a blank agreement under an full sar they have to supply a copy of the actual signed agreement as this is a DPA not a CCA matter.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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If you wish to pursue the matter with an SAR request, a good letter to use is this one.

 

 

Your Name

Your address

Your Town

Your Postcode

Credit Card Company

XXXXXXX

XXXXXX

XXXXX

XXX XXX

Date , 2009

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: XXXXXXXXXXXXXXX

 

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the above account number.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the original consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

14. 14. If it is contended you do not hold such data before such a date, please confirm this by providing the Certificate of Destruction.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10 by postal order number. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours Faithfully,

Your name.

There is a currently a split over whether a signature is required for an SAR and some Creditors are getting rather "disruptive" by requesting proof of this if the request is not signed.

I would sign the the request but changing my signature (add a letter or put a line through it, etc) so that it would be different to my normal signature on my passport, driving licence etc. but it's up to you.

Enclose a £10 postal order and send Recorded Delivery to Barclaycards Registered Head Office.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi debtkills,

 

I'm pursuing barclaycard too for an original agreement. They sent me just the current T&Cs and the T&Cs from the year when I took the card out. The application form they have sent you appears to be a blank one.

 

I find it very irritating that if they actually do have the agreements we have to spend a further £10 on an SAR. I've actually got almost all of my statements for the last 10 years, so I don't need copies of those, just the agreement - if they have it!!!

 

I've just written back again saying I don't understand their reluctance to provide a copy of the agreement unless of course they know it doesn't meet the requirements of the CCA 1974.

 

Logically the fastest way for barclaycard (and the others) to move forward and get us to start paying them would be to provide a copy of an original properly executed agreement, so I believe that if they don't do this at the first time of asking they either haven't got the agreement any longer, or they know it isn't compliant with CCA 1974.

 

DD

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