Barclaycard - Enforceabilty

[johnsosu]

I have a Barclaycard default account and have been contacted by debt collectors.

I requested a copy of the credit agreement and although it took several months the attached documentation arrived. There were no terms and conditions.

I would appreciate comments on the enforceability of this agreement.

With thanks
Kiki

[johnsosu]

Re: Barclaycard - Enforceabilty

Another letter from the debt collection agency today demanding payment. Any opinions?

Thanks
K

[johnsosu]

Re: Barclaycard - Enforceabilty

I'm still being chased by Barclaycard and their "enforcers". I have doubts as to the validity of the agreement (or lack of agreement). Anyone out there have any ideas/thoughts/opinions?

[Curlyben]

Re: Barclaycard - Enforceabilty

Difficult to read the small print on the left.
I assume their "enforcers" are Mercers, a completely toothless bunch of merchant bankers.
Big talk and nowt else.

Anyway, this should be useful:

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

8.2 What if prescribed terms are missing or incorrect?

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.


8.3 What are the prescribed terms?

The prescribed terms specified in Sch 6 are as follows:

* amount of credit – see Q8.

* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest – see Q8.6

Sch 6 was not amended by the 2004 Regulations.

Also have a read through this: Dealing with DCA's - Legal Beagles Consumer Forum

[johnsosu]

Re: Barclaycard - Enforceabilty

Thanks for pointing me in the right direction. The attachment print is a bit small. I've been sent a copy of a microfiche and once you scan it, the quality gets even worse. I've hopefully uploaded a clearer version. The credit limit doesn't appear to be there although it says "the Bank will determine and notify you of the Credit Limit from time to time". Does that count? It's Wescot chasing me.

[seriously fed up]

Re: Barclaycard - Enforceabilty

dont know how you have got on since posting this, but it looks to me as if they are all there - interest rate, that they will notify you of your credit limit, and repayment arrangements.
Sorry - others may of course take another view