Barclaycard & Westons

[roygoodbeat]

Need a bit of advice on this one:

Fell into difficulties last year. After getting advice, I made a subject access request and a s78 request for my credit agreement and all info. Idea was to see if the agreement was valid and what I would be liable for.

Got most of my info back under the subject access request but only received the usual t&c's from Barclaycard.

The subject access request was made in April 2009 and the s78 in June 2009.

After reading this forum and others, they never sent the credit agreement and I put the account into dispute.

After loads of calls from Mercers, then another dca, then another, it went quite for a number of months. Then Westons wrote. I wrote back stating that I have never received a credit agreement and Barclaycard had not forefilled their duties under the waksman ruling plus s78 request and under the subject access request.

They wrote to me yesterday with an application form from 1992. I have now read this along with a copy of T&c's they sent in august of last year. I may be wrong but this does not comply with the consumer credit act 1974. Nor do I see any refenerence under the data protection act. Furthermore they still have not sent all the info as required by the carey case.

Can someone look at this for me? The debt is for £5990 (I haven't claimed for unfair charges yet but these are around £300) As far as I can see they have not produced anything that is enforcable in court., nor are they entiled to attempt enforcement in court as they have failed to produce the info.

Still not recovered financially and cannot afford to pay back. If I can get some clarity, may be able to offer a token full and final settlement. Any guidance?

[roygoodbeat]

Re: Barclaycard & Westons

Can anyone give guidance on this one as I am keen to see where I am and what I can do.

Thanks in advance.

[diddydicky]

Re: Barclaycard & Westons

they do not have to provide anything subject to waksman or carey

under s78 they should supply a true copy of the agreement which need not contain sigs or sig boxes

if the agreement has been varied they must also send a copy of the original agreement as well

all docs must be easily legible

they just also send a signed statement of account

any failure to comply is in contravention of s78 CCA not carey or waksman

[frisp]

Re: Barclaycard & Westons

They have to send the signed application form with terms and conditions @ inception. The agreement must contain all the prescribed terms and be 'easily' legible.

Google 'Kotecha' judgment - which is legal precedent for production of the 'T&Cs @ inception'

The agreement is not 'easily legible' so ask them to produce one that is or provide reconstituted copy. I can't see the cost of over limit charges so am unable to say whether they are the T&Cs for 1992 - I suggest you PM Amethyst and ask if we have copies of Barclaycard T&Cs from that year in our library or go hunting for them on the other consumer sites. If she has some don't post them here as you never know who's following your posts

All in all its not compliant - yet but it is capable of remedy - so ask for legible copies and confirmation that the T&Cs are those @ inception.

Send Wescot a s78 request if you haven't done it already
SAR them if you have
Do they now own the debt or are they representing the OC
Have you received a default notice if so post that up as well
Do you have statements going back to the beginning if so what were the charges for over limit