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Barclaycard Application Form Enforceable with 1st Credit?


mrandmrsx
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Hello Everybody, i have read with interest all of the threads concerning copy's of application forms being provided as an enforceable signed credit agreement.

Please can somebody advise me if mine if one of these, i have been provided with a very poor photocopy of an application form and have been advised by LCS Solicitors acting on behalf of 1st credit that this is a copy of my original agreement and that they will be proceeding with court action.

I have submitted my defence online with the government site and wondered how to proceed.

I have included copy's of the agreement and lcs letter, i have deleted personal data. letter.jpg

form.jpg

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Hi mra

 

Welcome to CAG

 

The guys will advise as soon as they are available. Could you enhance the scan or is that the best scan you can produce?

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Guest Cartaphilus
Please can somebody advise me if mine if one of these, i have been provided with a very poor photocopy of an application form and have been advised by LCS Solicitors acting on behalf of 1st credit
Okay, now I am back on the computer as opposed to phone (the mobile version only displays certain things and is very diffierent to the full version) ... I will be back in a moment with something regarding the above.

 

Actually, no, igore all that as I read you've submitted a defense. I was thinking about the illegibility aspect of the form. Eg if you can't read it, how are you supposed to know what you've agreed to?

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Guest Cartaphilus

Ah, I see it's a pastebin? I think you have to have googlechrome to view that (I may be wrong, but I just tried the link and it won't work).

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LCS are a division of 1st Crudit, is this company registration number on their letter at all? 3752940??

 

http://wck2.companieshouse.gov.uk/8405db6df14ac91663b0d62565c1307e/compdetails

There accounts are overdue too!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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LCS are a division of 1st Crudit, is this company registration number on their letter at all? 3752940??

 

 

 

No company reg number on letters...

 

edit: Sorry, yes is it on there, very small at the bottom....d'oh1

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Guest Cartaphilus

But I can see enough to see the appplication form is illegible.

 

I can't find what I wanted to post but found this ...

 

... on a PDF file online regarding 'true copies'. It may be out of date now (dated 09).

 

• scanned copies – likely to include signatures, but will not include terms on the reverse,

which should be supplied separately. Unreadable scans do not qualify as true copies.

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But I can see enough to see the appplication form is illegible.

 

I can't find what I wanted to post but found this ...

 

... on a PDF file online regarding 'true copies'. It may be out of date now (dated 09).

 

• scanned copies – likely to include signatures, but will not include terms on the reverse,

which should be supplied separately. Unreadable scans do not qualify as true copies.

 

The copy they sent me is terrible, and the personal info is in typeface not even handwritten.

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Guest Cartaphilus

Then, as already suggested, that may be where your answer to all this lays. The PDF I came across also related to court action - I can't post the link unfortunately - and photocopied forms, but wait for any further advice in case but most definitely you can't read it, then you can't read it. How can that be fair on you to defend yourself properly?

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Then, as already suggested, that may be where your answer to all this lays. The PDF I came across also related to court action and photocopied forms, but wait for any further advice in case but most definitely you can't read it, then you can't read it. How can that be fair on you to defend yourself properly?

 

Ok thanks for the information, i'll wait for further advice before i respond to LCS

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Guest Cartaphilus
I have submitted my defence online with the government site and wondered how to proceed.
So, have you submitted anything or not?

 

i'll wait for further advice before i respond to LCS

 

Sorry if I appear to be getting confused. :|:oops:

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I too cannot find the information I was after about legible copies of documents, but I damn well know that they have to be readable, and not just bits and pieces, all of it, how would you know what T&C's you had agreed to at the time?

Damn computer :smash: hiding my bookmarks!!!

 

Although saying that it might just mean that they have failed to discharge their obligations under s78 of the cca.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So, have you submitted anything or not?

 

Yes i submitted my defence in response to CCJ County Court paperwork on the .gov site, stating that i had not received the signed copy the original credit agreement, the court responded by writing back to 1st crudit, now LCS sent this crap copy of the application form and wish to proceed with court action.

That's where i am up to at the moment....

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Guest Cartaphilus

Yes, I went to look ... they do not appear to be where they were when I found them last time. Of course, it being a useful website I didn't bookmark it. :roll:

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The Consumer Credit (Agreements) Regulations The Regulations apply to all regulated consumer credit agreements and consumer hire agreements, including modifying agreements.

In particular, the agreement must contain certain financial and other information. This must be set out in a specified order, with sub-headings, and shown together as a whole. The information must be of equal prominence, and easily legible.

In the case of credit agreements, the required information is:

 

  • nature of the agreement
  • parties to the agreement
  • key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments)
  • other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges)
  • key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower), and
  • a signature box, and other form of consent where applicable.

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

The Department for Business, Enterprise and Regulatory Reform (BERR) has issued guidance on the 2004 Regulations. Download the BERR guidance (pdf 64 kb).

 

Don't think that's what I exactly wanted, and was unable to copy it properly without including any links on the same page.

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Guest Cartaphilus
I have submitted my defence to the court following a ccj threat, they responded by writing to 1st crud

 

Just wondering if this would be better over in the legal forum (not a place I've been to or read yet).

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