Is This CCA Enforcable?

[sploits]

Hi,

 

I am currently helping a friend with a Barclaycard problem he has. The card was signed for by my friend in 2000 and I asked him to get a copy of the CCA for it (I didn't expect it to turn up purely because of the age of it). It was originally a Morgan Stanley card but I'm guessing somewhere down the line Barclaycard took them over.

The CCA they have sent looks more like an application form to me (well it does say application form at the top haha) and they sent out a copy of the terms and conditions but they look like present terms and conditions and not the T&C's that will have been in place in 2000 (I can upload them if needed).

I now await your responses to the enforceability of this CCA (or application form) and any advice on what to do next.

 

http://www.dj-sploits.co.uk/random/chris/bc1.jpg

http://www.dj-sploits.co.uk/random/chris/bc2.jpg

 

Thanking you all in advanced

 

Sploits

[slick132]

Hi Sploits,

 

MSDW was taken over by Goldfish and then BC.

 

If the 2nd page with the Prescribed Terms is the back of the 1st page, then I'd say the agreement looks enforceable.

 

If the 2 pages are not front and back of a single document, then I think the agreement may not be enforceable.

 

However, the only way this will be decided is by a judge in court and that will be a very long way off. YF can't start action re unenforceability on the a/c but could certainly make a defence against any court action started by the bank or it's DCA.

 

YF would be wise to reclaim any penalty charges on the a/c along with compound interest, to reduce the a/c balance.

 

[sploits]

Hi Slick,

 

The CCA actually came on 2 seperate pages (as a photocopy) so I'm not sure if the T&C's were on the back page or a seperate page. What would be the best way to find this out? SAR?

 

Thank you for your input so far

 

Sploits

[sploits]

Hi again slick,

 

I'm just reading through the link 2 on your signature and might have found something. Should the agreement not say what his credit limit was for the card (ie £3,000)? I'm just curious of 3(iii) on the link. Or am I barking up the wrong tree?

 

Thanks

[slick132]

Hi Sploits,

 

You'll get nothing more from BC about the agreement - you're in the minority actually getting a copy of the agreement at all.

 

The only reason to send a SAR is if you think there are any penalty charges or mis-sold PPI on the a/c, and you don't have statements for the last 6 years to check. Penalty charges can still be reclaimed in full plus interest on credit card a/c's.

 

Check the copy documents to see if they appear to front and back of the one document. Check the size, look for corresponding folds, creases, marks. See if the content actually makes sense if any part refers to another, eg "see section 3(b) on reverse of this document".

 

The credit limit is referred to and is adequately dealt with in Section 1. of the Financial and Related Particulars.

 

[sploits]

Hi Slick,

 

I have checked the photocopied document that they have sent us and I can't see any signs of creases there are black lines here and there but I'm guessing that could be from anything (bit of dirt on photocopier/fax). I also can't find anything that says about anything being overleaf or on the reverse of the document. There is 1 thing that is buggingme about this CCA though. If you have a look at the following:

http://www.dj-sploits.co.uk/random/chris/bc1.jpg

Section 4 (your finances) - Where it says "Time with Bank/Building Society" it has a big white square just underneath and that has been blanked out (it runs into the transfer balance request). I'm not sure why they would send it out with that covered. I'm not entirely sure what would be there that they would need to cover up.

 

Soooooo where do we go from here?

 

Thank you for all your help so far slick, it is much appreciated

[roygoodbeat]

You are lucky to get a copy of the agreement. I have only received reconstructed T&C's from Barclaycard for the time I opened the account.

 

Only problem is, the account was with Morgan Stanley. Despite repeated requests and me pointing out that they had not sent t&c's and copy of agreement for Morgan Stanley, they have insisted that they have sent what is legally required to them.

 

I contacted trading standards in december. They called me but have never followed my compliant up despite them verbally agreeing I had not been sent what was required.

[slick132]

Hi Sploits,

 

Re the blocked-out section, I've seen this before and it concealed security info or your secret password - something like that.

 

You should work on the basis that the agreement is enforceable. If YF is having difficulty paying the a/c, check the Debt Issues forum for help with getting the bank to accept reduced payments.

 

Also, make sure any penalty charges or PPI are reclaimed with interest.

 

8-)

[sploits]

Hi Slick,

 

I will pass the info on to my friend and let him choose the best course of action. I'm just a little shocked that a CCA from 2000 is enforceable (also shocked it actually turned up at all).

 

Cheers,

 

Sploits