Egg / Barclaycard credit agreement not signed.

[osst1992]

Hello,

 

I hope someone can help me.

I took out an Egg credit card about 2001 / 2002 & I have received from BarclayCard a copy of the credit agreement.

 

The copy they have sent me (which I presume must be the only one they have) is not signed by myself as I applied for it online

and I cannot remember being sent something in the post to sign and send back.

 

Is this agreement legally enforceable and if it's not what should my next step be?

 

Many thanks in advance.

[dx100uk]

so why did you CCA them?

 

do you owe them money?

 

dx

[osst1992]

Hello dx100uk,

 

Yes I do owe them money.

[dx100uk]

tell us the story/history please

 

and check the status of the debt on your cra file too

 

dx

[osst1992]

I took the card out with Egg online as I mentioned,

paid the card off once,

ran a balance up & was paying that off until Egg sold the card debt to BarclayCard so I stopped paying the installments.

 

The account is in default & they've passed the debt onto the usual debt collection companies to try & recover the balance of £3,329.42.

I do know that debt collectors (as opposed to bailiffs / HCEOs) have no more power of collection than you or I have got.

 

Hope this helps.

[osst1992]

I should have mentioned I stopped paying them because I lost my job.

[dx100uk]

IMHO i would SAR thm

 

ever looked at PPI/PENALTY charges reclaiming?

 

 

dx

[osst1992]

There wasn't any PPI taken out on the card. Why would I SAR them? I want them to admit that they haven't got a signed credit agreement and write the debt off if that's possible.

[dx100uk]

not as easy as you think it is esp as this was an online application.

 

the sdays of wriggling out of your debts

through a paperwork error are long gone. sadly

 

you can try.......

 

however we do not condone debt avoidance on cag

 

dx

[MandM]

Hello,

 

I hope someone can help me.

I took out an Egg credit card about 2001 / 2002 & I have received from BarclayCard a copy of the credit agreement.

 

The copy they have sent me (which I presume must be the only one they have) is not signed by myself as I applied for it online

and I cannot remember being sent something in the post to sign and send back.

 

Is this agreement legally enforceable and if it's not what should my next step be?

 

Many thanks in advance.

 

Hi osst1992.

 

Egg cards around that period were applied for online and then followed up by post with a full agreement which you would have been required to sign and return. I had one too.

 

The copy agreement that you've been sent - is it a copy of your agreement I wonder. Is it dated? And what are the penalty charges quoted in the small print? If you do as DX says and send the SAR leter then there's a good chance that you'll get a copy of the actual agreement if they have it. I obtained mine through that route.

 

I'm not arguing the enforcibility of the agreement but I do have an issue with the PPI on mine. Your SAR will also get you the statements (mine go all the way back to the beginning) and you'll be able to see from that if whether or not you had PPI on the account.

 

Is the collector one of BCs in house companies or someone else?

 

Mike

 

EDIT: forget PPI - post crossed with DX's

 

Mike

Edited July 12, 2012 by MandM
posts crossed

[citizenB]

When was the last time you made payment to the account ?

[osst1992]

Thanks for all the replies. I last made a payment November 2011.

 

The "credit agreement" they've sent me isn't a copy of mine as it doesn't mention me at all. It looks like a general draft one. There is one sheet of A4 paper with my name and previous address printed on it but anyone could print that out. My letter asked for a copy of the credit agreement and they haven't sent me it. Can I now demand they write the debt off?

[osst1992]

Sorry part of the above should have said " My letter asked for a signed copy of the credit agreement and they haven't sent me it."

[osst1992]

No signature on the "credit agreement" and it's not dated.

[dx100uk]

where are you getting this stuff about being able to demand a debt be written off

because a creditor does not have a signed CCA?

 

you really want to stand infront of a judge

and suddenly say

'after 11yrs of paying this debt, judge , i now contest its not my debt?'

 

good luck!!

 

dx

[slick132]

Hi Osst,

 

BC are not obliged to send you a credit agreement signed by you in response to a CCA request. They can respond with a set of terms and conditions that were applicable when you opened the a/c. The lack of a signature or date on what they've sent you may be irrelevant.

 

This is not proof that they have no signed agreement. And, as it's an online application, they may not ever need to produce a signed agreement as your ticked box may be enough to show your consent at the time.

 

Do you have all the a/c statements for the last 6 years. If so, you can at least reclaim penalty charges from BC.

 

Even if you just have recent statements that show all penalty charges from whenever you were unable to pay, that'll do.

 

If you don't have the necessary statements, use this - http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

The debt is not going to get written off in the near future.

 

If you're in Financial Difficulty, you can ask BC to stop adding further interest and penalties to the a/c. See here - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

Also work out what you CAN pay towards the debt each month so you can try and stop this getting worse.