ESILE VS Sky card

[cupcake68]

Can someone please advise me on this CCA received today from Skycard. I'm new to all this and don't know much but I think it is not classed as a true agreement because all it is is my application form and also it doesn't have their signature on it. Am I heading in the right direction?

 

Thanks so much for any advice!

 

SKY pictures by cupcake62 - Photobucket

[supasnooper]

As such, they do not strictly "sign" the agreement as such - a stamp will suffice.

 

Also, an application form can be made enforceable by the courts if it contains the prescribed terms.

 

Sadly for you, in my opinion, this is one of the above.

 

Others may have a different view.

[cupcake68]

So what do I do now?

[supasnooper]

You could write to them asking if they will freeze the interest charge on the account and accept a reduced payment.

 

Letters are here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[cupcake68]

Can someone please advise me on this agreement.

 

I am trying to understand these agreements and Supasnooper has advised this one has all the right terms etc on it, so I am not looking for faults, just trying to understand so when I get the next one I might know what to look out for.

 

Under the address box it says "In condition 1 we have set out some special meanings we have given to words in this agreement." Am I blind? I cannot see condition 1. Should there be another piece of paper? I know this isn't enough to be unenforceable I am just trying to understand what is written.

 

Thanks

[clemma]

I am going to presume that condition 1 is directly under where they have said that.......not enough to make it unenforceable, so I would go with the letter posted above.

[cupcake68]

But I am right in saying it's not there?

[clemma]

Condition 1 will be the Key financial information etc. It isn't clear, but that would be my presumption.

[cupcake68]

Oh I see!

 

Thanks

[cupcake68]

This account was sold to Barclaycard some months ago.

 

I have not missed any payments since discovering this was an enforceable agreement.

 

As soon as it became a Barclaycard account they put a stop on my card due to my other barclaycard acct being in dispute and unpaid.

 

I am now wondering if I should CCA them again?

 

Have Barclaycard learnt their lesson and purchased the agreements along with the account?

 

Will I be wasting my time?

 

Thanks for the advice

 

Cupcake

[cupcake68]

Any opinion on my last post?

 

Cupcake

[cupcake68]

Just taken this quote from Diddydicky on a different thread....

 

i also have noted that the creditor is required to issue a default notice under s87 (d) when he seeks to restrict use of the account or withdraw benefits such as for instance reducing the limit or putting a stop on further use of the card

 

and how many times do they actually use s87(d) to do that??

 

Should they have issued me with a DN because they were puting a "temporary suspension on my card due to the situation with my other account"?

 

Cupcake

[cupcake68]

Any ideas ?

 

Cupcake

[Gallahad]

bump

[cupcake68]

Just taken this quote from Diddydicky on a different thread....

 

i also have noted that the creditor is required to issue a default notice under s87 (d) when he seeks to restrict use of the account or withdraw benefits such as for instance reducing the limit or putting a stop on further use of the card

 

and how many times do they actually use s87(d) to do that??

 

Should they have issued me with a DN because they were puting a "temporary suspension on my card due to the situation with my other account"?

 

Cupcake

 

Sorry to be a pain!

 

I am trying to be patient but I would really appreciate some advice on this post?

 

Thank you

 

Cupcake

[Gallahad]

Bump