inthewind v Barclays Bank (Barlcayloan) - Unsigned CCA & Dodgy Default Notice ?

[inthewind]

Hi, please can someone help me understand if

 

a - the agreement is enforceable (it's over several pages and unsigned)

b - the default is dodgy as reads more like a termination ?

 

I've attached the docs below.

 

Thanks in advance.

 

 

Page 1

 

Page 2

 

Page 3

 

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Page 5

 

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Page 7

 

Page 8

[slick132]

Hi Inthewind,

 

The agreement looks to be in order in that it contains the prescribed Terms required by the CCA1974.

 

However, in order to be able to enforce the agreement in court, Barclays would need to have your signature on their copy.

 

When did you last get any communication from the bank or their reps about this. If you haven't paid towards it or acknowledged the debt, it becomes statute barred after 6 years.

 

[inthewind]

Hi, I stopped paying a few months back when they could not provide a signed CCA. But they've started to chase again now.

 

It is still valid if it is not all on one sheet ? I've read a few times about it being 'within four corners'.

[slick132]

There's debate about "4 corners" and I'm not sure of the definitive answer. In many cases, it depends on the judge in court on the day.

 

You didn't answer my Q in the last para in my last post above about when you last paid or acknowledged the account.

 

[inthewind]

Hi, last payment was in August 2009. Have been in touch with them since (about two weeks ago) on the phone to say unless I see a signed agreement I won't be paying a penny. They threatened to send a collector around and I told them that there was no point as I know my rights and he's not court appointed so I won't even open the door or talk to him.

 

Then they sent me a letter titled "Opportunity to save £££'s!!!' offering an (undislclosed) discount if I contact them within the next 14 days.

 

BTW, this is Credit Solutions Ltd on behalf of Barclays - not sure if that makes any difference.

[inthewind]

Also, if there is a debate about '4 corners' would they not at least need to have numbered pages where I initial or sign each one. Otherwise how could it be proved they are the same documents I signed many years ago ?

[slick132]

Okay, you have paid on the a/c last year so the debt is nowhere close to becoming Statute Barred.

 

Is the loan badly in arrears now, or only slightly.

 

Have penalty charges for late or missing payments been added to the debt.

 

The debate about credit agreements is ongoing but, as I said, it often comes down to a judge's interpretation on the day.

 

You may only get to see a signed copy of the agreement (if they have it) when the bank takes the case to court. But you don't have the right to demand sight of it now under CCA 1974, as I think the bank has discharged their obligations by sending you the copy agreement.

 

Certainly, the DN they issued on 27th April 2004 fails on several counts and you can read more about this in the legal issues forum Stickies and in the Data Protection and Defaults Issues forum.