MKDP / Barclaycard

[Manana]

I have been advised that if a Barclaycard credit card agreement was signed face to face with a Barclays sales representative on premises outside of the UK in 2007, then Barclaycard cannot pursue the debt under provisions of the CCA. Can anyone throw any light on this? The particular agreement was signed at an airport in the Canaries when returning from holiday. MKDP are pursing the debt.

[nemesis45]

Re: MKDP / Barclaycard

I have been advised that if a Barclaycard credit card agreement was signed face to face with a Barclays sales representative on premises outside of the UK in 2007, then Barclaycard cannot pursue the debt under provisions of the CCA. Can anyone throw any light on this? The particular agreement was signed at an airport in the Canaries when returning from holiday. MKDP are pursing the debt.

Hi Welcome to LB,

Just a guest was this signed air side ( departure lounge)?

Have you sent MKDP a request for the agreement yet? If not
send one now, there's a template for the CCA request in the
forum library.

There is a £1 statutory fee for this, use a Postal Order endorsed " For Statutory Fee Only" MKDP has 12 + 2 working days to comply.


Send this by signed for post.

When was the last payment made on this account?
When was the account defaulted?
Is the account on your credit reference files?

The agreement will be the key here I think.

nem

[Manana]

Re: MKDP / Barclaycard

Hi Nem,

Thanks for coming back to me.

I believe it was signed in the departure lounge. Do you have any idea if this might deem the agreement to be outside the provisions of the CCA? I'm hoping this is the case.

I have previously sent a CCA request to Barclaycard several months prior to MKDP taking over. I then sent a CCA request again to MKDP, who did not respond within the window. MKDPs court papers include a copy of Barclaycard's out of date response with a copy of the agreement. The copy (microfiche?) of the agreement shows it was signed 28/7/2007 but the Barclaycard T&Cs have the date 26/6/07 printed at the top which looks dodgy.

MKDP have not included a copy of the Default Notice nor written confirmation from Barclaycard that the debt has been sold to them with their witness statement. Is this significant?

I have a Set Aside application hearing on Monday. Judgment was entered in default in June 2014 as I stupidly sent the defence just in time but by Recorded Delivery and it was deemed to have arrived outside of time limits, as RD docs do not go directly to Northampton apparently.

Any pointers welcome, although I appreciate it's a bit late in the day again.

[nemesis45]

Re: MKDP / Barclaycard

Hi Nem,

Thanks for coming back to me.

I believe it was signed in the departure lounge. Do you have any idea if this might deem the agreement to be outside the provisions of the CCA? I'm hoping this is the case.

I have previously sent a CCA request to Barclaycard several months prior to MKDP taking over. I then sent a CCA request again to MKDP, who did not respond within the window. MKDPs court papers include a copy of Barclaycard's out of date response with a copy of the agreement. The copy (microfiche?) of the agreement shows it was signed 28/7/2007 but the Barclaycard T&Cs have the date 26/6/07 printed at the top which looks dodgy.

MKDP have not included a copy of the Default Notice nor written confirmation from Barclaycard that the debt has been sold to them with their witness statement. Is this significant?

I have a Set Aside application hearing on Monday. Judgment was entered in default in June 2014 as I stupidly sent the defence in time but by Recorded Delivery and it was deemed to have arrived outside of time limits.

Any pointers welcome, although I appreciate it's a bit late in the day again.

I've tried to get some info on the departure lounge part but without success,
Can you recall if the agreement had the CCA 1974 header?
I'll delve into some other sites to see what I can find out.

nem

[Manana]

Re: MKDP / Barclaycard

Hi Nem,

Yes, the signed agreement does have the CCA 1974 header.

[nemesis45]

Re: MKDP / Barclaycard

Hi Nem,

Yes, the signed agreement does have the CCA 1974 header.

I've asked two very astute friends ( lawyers) for any opinion one believes it is possible
to contest on the point that agreement on where is was signed, but as the Canary are
a Spanish Overseas territory i.e. possibly subject to EU law/regulation there is aproblem.

The other says she sees no problem with the agreement as you signed knowing it was
a UK CCA 1974 agreement.

I cannot find and in all truth ever seen such a challenge nor can I at the moment
find any legislation.
nem
[MENTION=2]Celestine[/MENTION] any ideas please nem

[Turboman]

Re: MKDP / Barclaycard

I spotted this on Martins MSE Reclaim Guide--don't know if it helps

My lender was based in Jersey. Can I reclaim?

You can reclaim from a company based anywhere in the world if it mis-sold you PPI, but the company needs to be UK-regulated to get help from the Financial Ombudsman Service. Not all Jersey-based companies are UK-regulated, so ask the company or call the Ombudsman to check.

[nemesis45]

Re: MKDP / Barclaycard

I spotted this on Martins MSE Reclaim Guide--don't know if it helps

My lender was based in Jersey. Can I reclaim?

You can reclaim from a company based anywhere in the world if it mis-sold you PPI, but the company needs to be UK-regulated to get help from the Financial Ombudsman Service. Not all Jersey-based companies are UK-regulated, so ask the company or call the Ombudsman to check.

Interesting Turbo,
The Canaries are a Spanish Overseas Territory, is the departure lounge technically outside the borders i.e. international airspace?

My feeling is that signing means one accepts UK regulation and legislation, a very grey area.

nem