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Hello All,
Can anyone help me with analysing the attached recon agreements.
They are for a Barclaycard credit card agreement from Oct 2006.
They were provided by a DCA and are subject to a court case at the moment.
There are a total of 7 pages.
So far I have found the following errors with the docs, when compared against Carey v HSBC
1. The cancellation notice on page 1. Doesn’t comply with any such notices as per Statutory Instrument 2004 no. 2619 The Consumer Credit (Miscellaneous Amendments) Regulations 2004.
2. Both agreements have the incorrect heading.
3. The second one states - The agreement is between Barclays Bank PLC and You, the person who signed the agreement as shown on the attached letter!!!
4. Condition 1 is missing on both of them.
5. Also, On the top left of page 2 of the first agreement is a date and time 26/06/07 3.40pm and In the second agreement it is 22/09/09 19:08. Surely this can't be the t&c's at inception which was Oct 2006.
6. In the first agreement, the front page in the section headed TOTAL CHARGE FOR CREDIT. An example of a standard balance payable equally over 12 months states that the total charge for credit will be £138.44. This works out at a rate of 9.23% and not standard rate of 17.9% quoted in the first box of the same document. (138.44/1500x100)
Anyone know how this is worked out, as it is a prescribed term, my understanding is that it cannot be misstated.
7. In the second agreement the third box top left for APR states - Not applicable see below and in the bottom left the box for total charge for credit states Not applicable see below
The DCA reckons that barclaycard advised them that i signed the agreement even though one was never ever presented to me even when I queried it several times in 2006/07
Would be grateful for any input regarding enforceability and any more errors especially in the prescribed terms.
Thanks for your help
Can anyone help me with analysing the attached recon agreements.
They are for a Barclaycard credit card agreement from Oct 2006.
They were provided by a DCA and are subject to a court case at the moment.
There are a total of 7 pages.
So far I have found the following errors with the docs, when compared against Carey v HSBC
1. The cancellation notice on page 1. Doesn’t comply with any such notices as per Statutory Instrument 2004 no. 2619 The Consumer Credit (Miscellaneous Amendments) Regulations 2004.
2. Both agreements have the incorrect heading.
3. The second one states - The agreement is between Barclays Bank PLC and You, the person who signed the agreement as shown on the attached letter!!!
4. Condition 1 is missing on both of them.
5. Also, On the top left of page 2 of the first agreement is a date and time 26/06/07 3.40pm and In the second agreement it is 22/09/09 19:08. Surely this can't be the t&c's at inception which was Oct 2006.
6. In the first agreement, the front page in the section headed TOTAL CHARGE FOR CREDIT. An example of a standard balance payable equally over 12 months states that the total charge for credit will be £138.44. This works out at a rate of 9.23% and not standard rate of 17.9% quoted in the first box of the same document. (138.44/1500x100)
Anyone know how this is worked out, as it is a prescribed term, my understanding is that it cannot be misstated.
7. In the second agreement the third box top left for APR states - Not applicable see below and in the bottom left the box for total charge for credit states Not applicable see below
The DCA reckons that barclaycard advised them that i signed the agreement even though one was never ever presented to me even when I queried it several times in 2006/07
Would be grateful for any input regarding enforceability and any more errors especially in the prescribed terms.
Thanks for your help
