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Is this Barclaycard CCA enforceable - anybody


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Use this Address to write to Barclays/Barclaycard. Let them Pay for your Postage. It is also their Head Office Address.

 

Customer Relations

Barclays Bank PLC (Also includes Goldfish Cards & Loans)

1 Churchill Place

FREEPOST

RTLA-CSUE-TCHC

London

E14 5HP

 

If you ever take action through the Scottish Courts, all you have to do is provide the address of a Barclays Branch in Scotland for the Court Papers to be sent to for your local Sheriff Court to have Jursidiction.

 

Remember that on December 1st 2009, The Scottish Court Procedure will change. From that Date, the Court will only enforce a Credit Agreement if the "Original" Signed Document is provided in the Summons or Defence.

 

If you want to Challenge any Agreement (Like Me), wait til that date.

 

Remember also, Your Agreement plus all of the terms and conditions relating to APR, Charges etc have to be on the same page as your signature for it to be valid.

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Hi DundeeLaw - Just a thought, but I would always have any correspondence of this nature sent via recorded mail to ensure that it was received. It strengthens your case overall and only costs 75 pence per letter.

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Just been reading your thread with interest. I am also going through this with Barclays having initially made a cca request last December. Been passed around to Mercers, Calder and a Scottish dca (can't remember their name off the top of my head) with threats of door step collecters and hundreds of phone calls. All went quiet around 8 weeks ago so I'm just sitting tight and waiting to see what happens next. Appears to be great news about the December 1st thing.

:)

Will keep watching your thread to see how you get on.

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Dundeelaw - won't Barclays, being ostensibly based in England, have their contracts written under English law?

 

I don't know how relevant this is but it's something I often think about since i looked at the small print on my RBS credit card agreement. It clearly states that the relevant law is the Law of England and this despite them being the Royal Bank of Scotland ?

 

Any ideas?

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Ricyd - a while ago in my Barclaycard thread I asked about whether I would have to go to a court in England if it came to court action and I was advised by Slick who is a member of the Site Team:

"If you or the bank start court action and a defence is filed, you would seek and get a transfer of the case to your local county court. This is where the case would by run from and where any hearings would be held"

 

Hope this helps.

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that's fair enough, but what if you started the case in Jersey for example?

 

I'm sure it's straightforward enough but I wondered whether the different jurisdiction would make any difference. If it doesn't I can foresee a lot of cases heading this way following the December 1st change in procedure.

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Dundeelaw - won't Barclays, being ostensibly based in England, have their contracts written under English law?

 

I don't know how relevant this is but it's something I often think about since i looked at the small print on my RBS credit card agreement. It clearly states that the relevant law is the Law of England and this despite them being the Royal Bank of Scotland ?

 

Any ideas?

 

 

What difference does it make? We are dealing with, mainly, the CCA 1974.

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I know, but given the changes due to arrive in Scotland in December doesn't this create an interesting factor relating to the degree of proof required to complete a case? All I'm asking is if this will strengthen the consumers position and make life more difficult for the lenders (at least in Scotland) if everyone suddenly decides to start their cases here?

 

I wouldn't be at all surprised if buried in the detail there's a time limit, it isn't retrospective or only applies to Scottish contracts or those taken out at Scottish addresses. It would be like having different rates of VAT/Income Tax/IHT etc between the two countries.

 

Look at the chaos we have with the current healthcare post code lottery for prescribing drugs/prescription charges etc.

 

I know this government aren't exactly the best at framing legislation, but this looks like a disaster waiting to happen (unless they have decided to nudge more cases through the Scottish courts to relieve pressure on English courts?

 

I guess we'll need to wait and see.

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Hi Folks

 

SUCCESS AT LAST

 

Wee update on Barclaycard Charges, wrote to FOS and they have just replied with an offer of the charges from Barclaycard Credit Card.

They are going to pay full charges I asked for this now only leaves a balance of a few hundred pounds on this account which is absolutly great news to us.

Although they still haven't came up with the CCA that we requested for this account so I am in a bit of a tizzz on whether to sign up with an arrangement for the balance or let them sing for it....after all the worry they have put us through with their threats (but maybe they are not good singers though).

 

PLEASE DONT GIVE UP TRYING I MUST ADMIT I NEARLY DID, IF IT WASN'T FOR ALL YOU GOOD KIND PEOPLE ON HERE I THINK I WOULD HAVE THROWN THE TOWEL IN LONG BEFORE NOW.

 

Cheers

AFW

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