Barclaycard Admission - no signed agreement

[diddydicky]

if it is of any help- i have a recorded telephone conversation from December 2009 with mercers acting for barclaycard which was as a result of their issuance of a DN whilst in breach of their obligation to comply with s78 and provide me with a copy of an executed agreement

In that conversation their employee nconfirms that a signed agreement does not exist and usefully "explains to me" "how it works"

she then goes on to explain that i complete an application form, then a credit card is issued which i sign

when i first use the credit card - this is my acceptance and execution of the agreement

it is available, together with a statement from me to anyone who may find it useful in any proceedings with barclaycard/mercers where they are trying to convince a court that their systems are such that they would NEVER issue a credit card unless the documentation was complete

[Nibbler]

Re: Barclaycard Admission - no signed agreement

it is available, together with a statement from me to anyone who may find it useful in any proceedings with barclaycard/mercers where they are trying to convince a court that their systems are such that they would NEVER issue a credit card unless the documentation was complete

Possibly true.

Although I suspect may be line of bull*** that the Mercers employee would spin when they know that they have destroyed any agreement, but are desperately trying to rescue the situation with any old nonsense that comes to mind?

The recorded call of one member of staff doesn't really signify that much?

I've never had a BarclayCard, so can't say what they did in the past re: agreements, so apologies if the above is way off.

[diddydicky]

Re: Barclaycard Admission - no signed agreement

i would have thought- where the creditor is claiming that cards cannot be issued unless agreements are signed and returned- that the confirmation of a different method of executing an agreement must be a useful tool to shoot down that argument and that if the former was the case then mercers would have no need to tell a |"different tale" when all they would need to say is that" it is impossible for you to have had a credit card without having signed an agreement"


given that the purpose of the telephone call was to complain that i had not been supplied with a copy of the agreement under s78

i therefore (respectfully) disagree that it would would be of little significance

[Nibbler]

Re: Barclaycard Admission - no signed agreement

Yes, but the recorded call of one member of staff means nothing regarding wider policy from BC regarding the execution of agreements.

BC could simply say that the person in question was mistaken or misinformed.

As said, Mercers will spin out any form of BS to try and get you to pay or squirm out of their s78 responsibilities when challenged. Especially when put on the spot over the phone.

It's an interesting example of duplicitous twaddle from an in house DCA, but to draw wider conclusions regarding BC policy of the execution of agreements at the time in question is taking it a bit far.

Now if we had some internal policy paperwork from that time saying the same, then that would signify something.

[Amethyst]

Re: Barclaycard Admission - no signed agreement

Hi Diddy

Unfortunatly I agree with Nibbler. Employees I suspect were rather under informed back in 2009 and would pretty much say anything which made it sound like they were right and you were wrong. This was an employee of Mercers wasn't it, rather than Barclays. Also I seem to recall a lot of people automatically think if a form says 'application form' on it it can't possibly be the executed agreement, wouldnt suprise me if this Mercers employee was just plodding along under the same impression.

Without seeing your application its hard to say from your case, but generally the application forms contain the prescribed terms and double up as the agreement, which is executed when they have done credit checks etc and send you the card (with a copy of the executed terms on the card carrier usually), they retain a copy of the application form as the executed agreement (sometimes not signed by them), but if an application hadnt been completed the card wouldnt be sent out, basically, is what their argument is when presenting recons in court, and using the evidence of payments made, statements sent, credit used etc to prove you asked for and had the benefit of use of the credit token.

But you know all of that, it may not be 100% in the depths of technical points of the CCA, but it is what is happening on the ground floor in courts and is basically common sense.

Just my view anyways xx

I'm sure it would come in useful where an application is JUST an application and thank you for offering to share it with other people fighting barclaycard. Be interesting to listen to.

Did you record it at the time or get recordings under the DPA/Disclosure ?