Credit Agreement not dated (Barclaycard) CCA

[FateInMotion]

[ATTACH=CONFIG]41064[/ATTACH][ATTACH=CONFIG]41064[/ATTACH]Hi all, wonder if anyone can give me a heads up..

 

A debt collection agency are currently chasing me for an old Barclaycard account I cannot remember taking out.

 

About 8 months ago I asked them for a CCA and every month since they have told me that Barclaycard are looking for it

 

Today I received a 'CCA' in the post but it looks very suspect to me (pictured below)

 

I can barely make out the text as it's a terrible photocopy, but more so than that the signature (next to the 1974 Consumer Credit Act) is not dated underneath with the year.

 

Any help much appreciated, I don't want to cast aspersions but I feel this may not be something I have actually signed..

 

i50.tinypic.com/2hyjoki.jpg

 

[ATTACH=CONFIG]41064[/ATTACH]

Edited January 29, 2013 by FateInMotion

[dx100uk]

pdf the atts

 

what does your CRA file say about this card

 

see below

 

 

dx

[FateInMotion]

Not sure why but the attachment has been resized to a tiny size.. needless to say it's a fairly generic credit agreement which has no date for the year underneath signature, just 29/09 and nothing else

 

Thanks dx will try to PDF

[FateInMotion]

PDF should be working above although I think I messed it up slightly!

 

With regards my CRA: no I can't find it on there. I also used Noddle from your signature and it's not on there either

[dx100uk]

i would guess then its statute barred

or a default was issued more than 6yrs ago on it

and it s been removed.

 

if YOU have not made ANY financial transactions using it

within the last 6yrs it will be sb'd

 

sounds like a phishing trip too me.

 

send them the SB letter

 

who is this AK?

 

dx

[FateInMotion]

For reasons I won't get in to, I may have made a token payment in 2008 before I knew about CAG or had investigated fully (I'm 50/50 if I did or didn't). It is the company you've mentioned (AK).

 

In relation to the date on the agreement, surely it is not enforcable?

[slick132]

Send them the SB letter anyway and, if they think the debt has been paid towards during the last 6 years, let them send proof.

 

You'd be wise to try and check this for yourself if you have records, statements, etc.

 

The document they supplied as a "credit agreement" is of course an application form and appears to be missing the Prescribed Terms that are needed for it to be enforceable.

 

Does it not look like your signature on the form.

 

Is there any visible date under the sig're or are there other places on the doc't that may confirm the date.

 

Are your other details showing on the form, in your handwriting.

 

[FateInMotion]

Thank you for your replies

 

I have sent off the SB letter

 

You mention that the document appears to be an application form and lacks the prescribed terms etc. What are these prescribed terms to make it enforcable?

[slick132]

Here's a section of a thread that dealt with this matter but is no longer accessible. It may be because some of the content is no longer applicable but it'll give you a good idea of what's required and, in your case, what's missing :-

 

Properly executed agreements

 

What constitutes a properly executed agreement is laid down in section 61(1) of the Consumer Credit Act 1974:

61.--(1) A regulated agreement is not properly executed unless--

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b) the document embodies all the terms of the agreement, other than implied terms, and

 

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

Section 60(1) says that the Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements and these regulations are mainly laid down in the various schedules to the Consumer Credit (Agreements) Regulations 1983.

 

The agreement must have the following:

 

1. A heading in the prescribed form giving the nature of the agreement (Schedule 1).

 

For example,

Credit Card Agreement regulated by the Consumer Credit Act 1974

Schedule 1 also lists the other requirements which are spelled out in other schedules.

 

2. The name and address of both the debtor and creditor (Schedule 1)

 

3. Financial Information (Schedule 1)

 

The financial information that must be present for the agreement to be properly executed depends on the type of agreement.

 

i) loans for particular purchase (fixed-sum, debtor-creditor-supplier agreements) - a description of the goods or services, the cash price and the amount of credit

 

ii) advances - the amount of credit

 

iii) running account credit (overdrafts, credit cards) - the credit limit

 

iv) fixed sum agreements or fixed term agreements - the duration of the agreement

 

v) fixed sum agreements - the total charge for credit, rate of interest and how and when interest is applied (there are some exceptions to this - if payment interval and payment amounts are not both given) and the total amount payable

 

vi) running account credit (and agreements falling within the exception above) - total charge fpr credit broken down into constituent parts, rate of interest and whether it is fixed or variable, and how and when interest is applied.

 

vii) all agreements - the timing and amounts of repayments, APR

 

There are some minor differences for specific types of agreements. If in doubt, you should refer to the regulations themselves.

 

4. A statement of your rights (Schedule 2)

 

For example,

YOUR RIGHT TO CANCEL

Once you have signed this agreement, you will have a short time in which you can cancel it. The creditor will send you exact details of how and when you can do this.

5. A signature box in the prescribed form (Schedule 5) signed by you.

 

For example,

This is a Hire-Purchase Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

 

Signature(s) of Debtor(s)

 

Date(s) of signature(s)

 

The goods will not become your property until you have made all the payments. You must not sell them before then.

If an agreement has any of these items missing, it is not properly executed.

 

There are two exceptions:

 

Firstly, in certain circumstances the box explaining your rights may be omitted. However, it must be sent to you within 7 days of the agreement being signed otherwise the agreement is not properly executed.

 

Secondly, for agreements made online after December 2004, the Consumer Credit (Electronic Communications) Order 2004 allows the signature in the signature box to be replaced by a tick box.

 

Examples of Prescribed Terms for loan agreements can be seen in the first and third examples here and for credit cards here.

 

Finally, there are requirements about the accuracy of the statament of APR. These are given in Schedule 7. The APR stated must be no more than 0.1% below the actual interest charged and no more than 1% above.

 

Written by Steven4064