Barclaycard commercial credit card CCA

[marc.w]

I have a Barclaycard Business Credit Card through my Limited company.

Can anyone advise if i can CCA them to see if i have an enforceable agreement or do they work under different type of credit agreement?

[slick132]

Hi Marc,

 

The reality is that it's very difficult to get sight of any credit agreement from BC at the mo. Read other threads here and you'll get my drift.

 

Do you clear the a/c balance each month or not.

 

You can reclaim any penalty charges on the a/c.

[marc.w]

Hi Slick,

 

Thanks for the response.

I am trying to get a copy of an agreement on a personal barclaycard at moment, so i am fully aware of Barclaycards tactics. I do not clear the balance each month so i will look at any reclaiming charges.

 

The reason that i ask about the CCA is that i requested one and received an application form with no prescribed terms on it, but Barclaycard stated in their covering letter the following:-

 

"I note your reference to section 78 of the consumer credit act. If i may explain, as the account you hold is for a limited company, you are not covered under this section of the act. Therefore, we are well within our rights to pursue any unpaid debt, as per the terms and conditions of your account".

 

I have read the CCA 1974 and can only see reference to personal details not companies - is this correct, if so what act do i have to refer to or are Barclaycard just trying to confuse me? If they are it is working.

 

Please help!!

[slick132]

Hi Mark,

 

I'll seek some help from the Site Team to clarify if the CCA1974 applies to a Ltd Co Credit Card a/c.

 

[MARTIN3030]

Ok maybe this snippet will clear it up;

 

 

 

Consumer Credit Act 1974

 

The Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006) regulates consumer credit and consumer hire agreements. Its protections apply to agreements between traders and individuals, sole traders, partnerships and unincorporated associations, but not agreements made between traders and corporate bodies such as limited companies.

 

The Act lays down rules covering:

• the form and content of agreements;

• credit advertising;

• the method of calculating the Annual Percentage Rate (APR) of the Total Charge for Credit;

• the procedures to be adopted in the event of default, termination, or early settlement; and

• the unfair relationships test.

The Act also requires that all traders who make regulated agreements or exercise rights under a regulated agreement obtain a consumer credit licence from the Office of Fair Trading (OFT). Credit brokers, credit repair businesses, debt advisors, debt management businesses and others, may also require licences.

Appeals against OFT licensing decisions should be made to the Consumer Credit Appeals Tribunal (part of the Tribunals Service).

Local trading standards departments and the OFT enforce the Act. The OFT also produces guidance about the Act and its regulations. For further information contact local trading standards departments or the Office of Fair Trading.

[MARTIN3030]

The crux would seem to be the word "protections"

Whether this extends to the right of Barclaycard to refuse a request for sight of a copy agreement is unclear.

But it does confirm that LCs are not afforded the same protections as the others mentioned.

[slick132]

Hi Marc,

 

Can you confirm roughly when this Ltd Co card a/c was opened.

 

Have you checked yet to see if there are any penalty charges which can be reclaimed.

[marc.w]

thanks for the info Martin3030.

 

What i am confused about is if i have no protection under CCA 1974 then what am i protected under, surely there must be some Act that covers limited companies or is it just the agreement/contract that the company enters int?. If it is the latter then all i have signed upto is an application form that is pretty illegible, has no interset rates, payment dates. The only reference to credit limit is that i have requested a figure. I also think that it is a microfische copy as it has funny numbering down the side.

 

I will try and upload application form tomorrow so that you can take a look youreself, if you don't mind? (Although i am am not sure how well it will scan).

 

p.s. I have just read the agreement again in finer detail and it does refer to the Consumer Credi Act 1974 so i am now totally confused. Also, reading the covering letter from Barclaycard commercial it states that i am not covered under this section (78) not that i am not covered under the CCA 1974.

 

So basically still confused. Any help would be much appreciated.

[marc.w]

Slick,

 

I can definately claim for unfair charges. Barclaycard ar still charging £30 per late payment/over limit fee.

 

The application is dated March 2002.

 

I assume the best thing is to SAR them?

[slick132]

Hi Marc,

 

Please confirm we are talking here ONLY about the Ltd Co BC a/c. I see you mention a personal a/c above - this should be discussed on a separate thread if nec'y so the 2 issues don't get confused.

 

The SAR may not help you here as that's a request for all personal data concerning an individual.

 

But I assume, as this is about a Ltd Co, that you still have statements going back 6 years at least. The state's will give you all you need to reclaim penalty charges.

 

As regards the credit agreement, it may help if you post it but with identifying details hidden. Personally, I think CCA1974 offers protection to individuals putting CCard Co's under obligation to make credit agreements, and run a/c's, in the manner laid out in the legislation.

 

Whereas with a Ltd Co a/c, you cannot rely on CCA1974 or similar legislation. General contract law would govern whether you applied for and used the Ltd Co credit card.

 

If you don't want to pay the a/c anymore, BC will take you to court and ask for a judgement based on:-

 

1. The signed agreement.

 

2. The fact that you have used the a/c to pay for goods for years.

 

3. The fact that you've paid the monthly payments for years.

 

Because BC would not have to provide an agreement which complies with CCA1974, a judge would rely on these issues and find against you (or your Ltd Co).

 

This is just my opinion and Martin or others may think differently.

[marc.w]

thanks Slick.

 

Yes i am only speaking about my Ltd company credit card. I probably do have all my statements somewhere, will have to search my garage as moved recently and all files are boxed.

I take your point regarding contract law governing and what the judge will look at. Best i start getting back on track with them!

 

I will post up agreement anyway later today to see if it throws anything up.

 

thanks

 

M