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seabro V Barclaycard / Mercers


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Hi,

 

Here is story so far.

 

07.03.07 CCA Request signed for by BC

15.03.07 Letter received with Cred Limit / Current Balance etc - no reference at all made to agreement copy. Not enlosed either.

16.03.07 Emailed to ask why no agreement copy. NO REPLY.

22.03.07 Sent letter to ask why no agreement copy.

04.04.07 I receive 'Formal Demand for Payment'

07.04.07 I send letter to say they still in default.

17.04.07 I receive letter with excuse for agreement enclosed.

 

My questions are:

 

1. Due to their failure to comply with timescales of CCA 1974, Do they now need court order to enforce agreement? or is that just if there is no agreement sent at all.

 

2. Please comment on their agreement.

 

3. Please suggest way forward. I was going to write something along the lines of 'Thats not an agreement, see you in court if you dare'.. (but I would be more diplomatic in reality).

 

View the agreement here http://82.11.251.125/bc/agreement.gif

 

View the letter here http://82.11.251.125/bc/BCLETT.gif

 

 

I look forward to your comments.

 

seabro.

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OK, then I will start.

 

1. There is no mention of a credit limit anywhere on the 'agreement'.

2. It is not signed (executed) by Barclays / Barclaycard.

 

Anyone? Any other reasons why this might not be regarded as a proper agreement as per CCA 1974?

 

Also, what do you make of the letter?

 

"The consumer credit (cancellation notices and copies of documents) regulations 1983 make clear that there is no requirement for the copy of an executed agreement to contain the original signature box; Therefore we have gone beyond our statutory duty in providing you with a signed copy of the application form"

 

Comments appreciated.

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They're laughing at you, cos they got da goods... :(

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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BORN FREE FOUNDATION

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Well the word APPLICATION at the top kind of does it for me.

If it said AGREEMENT it would be a different matter.

Also NO APR

NO LIMIT

looking better by the minute.

Be VERY careful whose advice you listen too

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Nice one curlyben, no APR I missed that one!

 

Cmon, diskmandave, I know you can do better than that.. :-)

 

Does anyone have a copy of this Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 they are referring to? Struggling to find one on the interweb.

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hehehehe I knew I had a response somewhere:

 

As you are no doubt aware the The Consumer Credit (Cancellation Notices and copies of Documents) regulations 1983 (SI 1983/1557) is only applicable in conjunction with The Consumer Credit (Prescribed Periods for Giving Information) Regulations) 1983 (SI 1983/1569) and are only applicable to the Consumer Credit Act 1974 sections 58,62,63,63 and 64. My request is a statutory request made under the Consumer Credit Act 1974 section 77/78 and therefore the copy of the credit agreement requested must be a true copy of the fully executed agreement.

 

 

 

"I understand that under section 3 (b) of SI 1983 /1557 you may omit the signature box from the copy , I would point out that not having the original document it would to be impossible to verify the validity of such a document as an exact copy.

I therefore would suggest that a true copy including my signature be sent. If I am unable to verify the authenticity of the document the terms of 1974 section 77 act have not been met and the timescale for production of the documentation would still apply"

Time to get the pipe out and smoke it

 

Doesn't really matter any way as they have completely shot themselves in the foot with this bit

executed agreement to contain the original signature box; Therefore we have gone beyond our statutory duty in providing you with a signed copy of the application form
well it's there in B&W and isn't the executed agreement and they admit it ;) ;)

Be VERY careful whose advice you listen too

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Thanks again Curlyben,

 

Can you / anyone comment on the way forward from here?

 

I was thinking of writing back along the lines of:

 

I do not believe the document sent is an enforecable consumer credit

agreement for the following reasons.

1. No APR

2. No Credit Limit

3. Not Properly Executed

4. Anything else I can come up with after studying CCA print out.

 

For this reason I will not be making any further payments to you. Furthermore, I believe you may not legally persue me for this debt and if you do you will be reported to the appropriate authorities.

 

What about something along those lines? Naturally, I would fiine tune it.

 

Assistance appreciated.

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Nice one curlyben, no APR I missed that one!

 

Cmon, diskmandave, I know you can do better than that.. :-)

I was tired!

 

Does anyone have a copy of this Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 they are referring to? Struggling to find one on the interweb.

 

Is this what you're looking for?

 

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Thanks for that Dave I will take a look now.

 

In the meantime, I have received a copy of an application that I do not believe complies with the consumer credit act. What should I do next, I expect their collection activity will begin again soon.

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