Barclaycard - is this a enforceable cca

[out of cash]

Hi all,

 

are now getting a little nervous with this one i have sent 2 cca requests off recently both replied past the 12 day slot + 2 days.

 

cred 1.we dont keep records longer than 6 years for this type of account £8k outstanding been 3wks heard nothing more just their usual monthly statement

 

cred 2. supply application form with my sig and theirs on over right to cancel it says approved but crystal clear above says credit card application it also has the little box credit agreement regulated blah box

my opinion is a lot of copying and paiste is going on here when i can work out how to use photo bucket i will try and upload this if anyone wants a scan of doc please send me your email add and iwill send it to you.£7k outstanding

 

 

Should i sit and wait for this to go upto the full 30days now or write some kind of letter asking for balances to be returned to zero as they have no cca?

 

any help or advice would be much appreciated as one is thinking of court action:???:

[out of cash]

hi all

 

sent 2 cca requests to barclay card 20 days ago just looked at my bank statement and confirms they got the £1.00 fees however going onto the royal mails web site there is no electronic proof of sig not too sure how i stand with proof etc:confused: ?

[Josie8]

Hi all,

 

are now getting a little nervous with this one i have sent 2 cca requests off recently both replied past the 12 day slot + 2 days.

 

cred 1.we dont keep records longer than 6 years for this type of account £8k outstanding been 3wks heard nothing more just their usual monthly statement

 

cred 2. supply application form with my sig and theirs on over right to cancel it says approved but crystal clear above says credit card application it also has the little box credit agreement regulated blah box

my opinion is a lot of copying and paiste is going on here when i can work out how to use photo bucket i will try and upload this if anyone wants a scan of doc please send me your email add and iwill send it to you.£7k outstanding

 

 

Should i sit and wait for this to go upto the full 30days now or write some kind of letter asking for balances to be returned to zero as they have no cca?

 

any help or advice would be much appreciated as one is thinking of court action:???:

 

 

Creditor 1 debt is unenforceable &cannot be pursued through ordinary contract law

 

Creditor 2 need to see agreement sent so please scan

[Josie8]

postal rules is that it is deemed delivered 2 working days from posting (unless signed for earlier). They have admitted receiving request because they have cashed the 1.00 cheques

[Belaflat]

See my thread here.

 

Similar sort of problem

[out of cash]

Hi all,

 

can anyone please confirm this cca agreement is airtight for creditor to sue me in court as the letter before court action arrived today any help or advice most appreciated. all sigs are there BUT NO DATES? if you enlarge the scan you will see at the very bottom it says in micro print for further terms please turn over or something? could do with some serious help here can anyone define if this is a cca enforceable one i have high lighted the bits i think are misleading any advice would be most appreciated . regards out of cash. where it says terms of agreement as set out overleaf these are current as it refers to chip and pin the agreement is late 70s early 80S

 

regards

 

out of cash

barclaycardcca.zip

[gizmo111]

Unless you've blanked them out it has no signatures - so therfore not enforceable

[bigandyuk1]

I think OOC has removed the sigs from the scan..I am no expert but it looks to have the prescribed contents..

 

Regards

Bigandy

[gizmo111]

just read 1st post properly and the sigs are there so I reckon this agreeemnt is enforceable.

[out of cash]

hi gizmo111,

 

its this part of the cca i am going to defend

 

Since this is a cancellable agreement i should have received cancellation details as per section 63(2) of the CCA 1974 by post within 7 days of execution. I have no record of ever receiving this information.

 

The requirements for the correct execution of the agreement have not been met if the above information has not been sent as per section 64 and 65 of the ACT.

 

also parts are ilegible especially where they have chosen to put a huge stamp

 

all help and advice hugely appreciated on this because i really think this lot are going to go the whole way with this and so am i:mad:

 

regards

 

out of cash

[rory32]

What are the date of signatures?

[out of cash]

hi rory32,

 

this is when i signed

 

27/10/2000 signed by me

 

9/11/2000 signed by them

[NitrousOxide]

All that's missing is the T&C's.

[diskmandave]

Also, section 1 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 state that copies of documents must be clearly legible.

 

Good luck, Dave.

[out of cash]

hi dave,

 

sorry for my late reply but many thanks for your advice which is greatly appreciated.

 

regards

 

out of cash

[out of cash]

barclaycardcca-2.jpg - Image - Photobucket - Video and Image Hosting

[out of cash]

 

any help or advice urgently required as creditor is now seeking court action

 

regards to all

 

out of cash

[out of cash]

hi all

 

can some kindly confirm if this can be enforced by a court it is a 20 year old barclay card agreement/application please read the small print as i think the whole document is very misleading COPY AND PASTE ETC,LOTS OF REFERENCE TO SIGN THIS APPLICATION FORM ETC

 

sorry avout caps everyone off to bed.

 

many thanks

 

regards

 

out of cash

barclaycardcca b.zip

[out of cash]

Dear all ,

 

desparate for help on this one as this is getting serious now with this particular creditor amount alleged is 4k cca taken out in 1979 my only defence as i see it is no dates to sigs and the repeated reference to this application form please look at small print highlighted.

 

any help and advice most welcome

 

best regards

 

out of cash

barclaycardcca.zip

[out of cash]

Hi all,

 

can anyone please confirm this cca agreement is airtight for creditor to sue me in court as the letter before court action arrived today any help or advice most appreciated. all sigs are there NO dates if you enlarge the scan you will see IN A FEW PLACES IT REFES TO THE DOCUMENT AS THIS APPLICATION FORM?

 

 

i have high lighted the bits i think are misleading any advice would be most appreciated . the agreement is late 70s early 80S

 

regards out of cash

barclaycardcca.zip

[payingonlyencouragesthem]

Eh? Don't understand this one. Are you saying that you took out a BC agreement in the late 70's/early 80's and they have sent a post chip and pin application form in response to a CCA - with your signature:confused:? Whatever, it's definitely an application form and it's unenforceable whatever the case. Write back and ask for a copy of the original agreement immediately.

[Josie8]

subscribing - can't access attachment yet as using my mobile - will look at it later.

 

Have you posted this on the Agreement enforceability thread for Peter Bard to have a look at it?

[payingonlyencouragesthem]

subscribing - can't access attachment yet as using my mobile - will look at it later.

 

Have you posted this on the Agreement enforceability thread for Peter Bard to have a look at it?

 

Can you link that thread Josie I can't find it thanks.

[out of cash]

Hi payingonlyencouragesthem

 

the cca which barclay card have supplied was taken out sometime late 70s/early 80s.the form they have supplied has all the prescibed terms

with the heading credit agreement.so the main things i am questioning are all the reference to this being an application form embodied in the agreement.the further terms they supplied just refer to your pin not chip thats my mistake any advice or help will be most appreciated.if this goes to court as they seem keen to do now do you think i could defend this as the content of the document is mis leading?

 

regards

 

out of cash

[payingonlyencouragesthem]

Check Financial Agreement Solutions and see what comes up. The consensus at CAG is that application forms cannot double up as kosher agreements in any event. Have a look at Seahorse's Cabot thread - he's fighting an old BC debt on these grounds.