Candylee v Barclaycard

[Candylee]

hi pt2537 or Mr lex

 

Sorry this is long, i am sure this is the standard reply Barclays send in response to CCA/SAR. very much appreciate your comments plse

 

me v Barclaycard

 

Credit card applic 2004.

 

in reply to my CCA request and SAR - they have sent a cut and paste copy of terms and conditons with the sentence this is your credit card agreement. At back is a box cancellation notice.

 

Barc letter reads:-

 

Credit cards are regulatied under Section 78.Section 78(1) of the Act states that the creditor shall give the debtor a copy of the executed agreement of account which is practicable to refer, the letters which we send in response to a Section 78(1) request includes this informaiton. to the cover the issue of executed agreement.

 

How does the Act define an "executed agreeement?"

"Executed agreement" is defined in section 189 of the Act as, "a document signed by or on behalf of the parties, embodying the terms of a regulated agreement . . . . "

 

What the rules say about providing a copy?

 

The consumer credit (cancellation Notices and copies of documents) regu 1983 (the regulations ) made under the Act deal with how we are to provide a copy" of an agreement. These regulations provide that any copy of the agreement supplied to a debtor should be a 'true copy. Regulation 3(2) provideds that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy.

 

The issue of what is an executed agreement has been interpreted in the high court. It was held that an executed agreeement begins as the credit agreement which is sent to the cardholder when they receive their credit card; therefore, establishing what is the original executed agreement. When the agreement has been varied, regulation 7 mentioned above applies.

 

To summarise, if the agreement has not been varied, we must send the original executed agreement; this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contain the terms of the regulated agreement. we have send you this and the original executed agreement for reference.

 

To address any issue about our lack of compliance with Section 60 of the Consumer Credit Act 1974. Section 60 relates to the form and contents of agreements. All Barclaycard credit agreements are in compliance with this. You may sate that the application form which we provided you, for reference, when you made a request under section 78 does not adhere to Section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you complete your application form, the document would have been preswented to you in full, in a legiable form, and would have adhered to the requirements under section 60 of the Consumer Credit Act 1974.

 

etc etc

 

kindest regards

Court case pending -

[saintly_1]

post moved to a thread of its own

[bazaar]

OK Candylee If you have a court case pending then you need sight of the original executed agreement and statements to ensure there are no added charges ( This will form your counterclaim). The letter theyve sent you is pretty standard garbage they try to con you with. So dont fall for it. What they are trying to say is hearsay. So a CPR request should go to them ( or whoever is demanding money ) a 7 day time limit is sufficient. If you need help with the relevant CPR letter, just holler

[Candylee]

Barclays (defendant) sent me i assume mis leading legal information.

1. under CCA only need to send excert of contract not complete copy

2. anyway, contract begins when consumer starts to use credit card

- credit card was stolen in the post, new card never sent!

3. SARS - they only hold data re: past statements and letters they sent me.

 

Legal advice, case studies anyone???

 

greatly appreciate !