Jump to content


seabro V Barclaycard / Mercers


seabro
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6182 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...