Barclaycard cca/county court defence

[rupert742]

Hello, I dont know if anyone can help me i am in the middle of a county court battle with Barclaycard, the judge ordered them to send a copy of my cca which they have, but to me it looks like an application form not a cca, i know that things have change over the last year or so with the test cases, but what im trying to find what i should do now, i have to file my defece to the court within 21 days so any help would be appericated

please see the attachment

[MEGLOS]

Re: Barclaycard cca/county court defence

The first thing to say is that the scan you have posted up is a very poor copy but I'm guessing that, Barclaycard being Barclaycard this is exactly what the copy they sent you looks like.

Have they sent you the termsd and conditions current at the time you took out the card? Are they legible?

I can do no more than share my experience with you. I have an on-going battle with BC. The copy of the credit agreement and t&C were appalling and the FOS have ordered BC to send better quality copies.

The FOS has adjudicated on my complaint (it never got as far as court) and have told me that a credit card application form IS a valid credit agreement. In my instance the FOS said that my postal application form contained the words in the signature box "This is a credit agreement under the Consumer Credit Act 1974..." etc etc, which I see yours does as well.


With regard to credit agreements generally, the courts in civil law cases take a "balance of probabilities" approach to the existence of a genuine debt and imo willaccept the application form.

This of course is my view and I know for a fact that there are plenty of posters who champion unenforceability to contradict me.

[rupert742]

Re: Barclaycard cca/county court defence

Thank you, but not what i wanted to hear!! the copy they have sent me is ok just not a good scan! and they have sent me terms and conditions but dont know if they are the right ones?

If anyone else can help that would be good, there are no prescibed terms on the application form is this still a possible defence?