Old Barclaycard - urgent help required

[Ihaterbs]

Re: Old Barclaycard - urgent help required

Here you are

Copies of old agreements and security instruments where the agreement or security instrument has been lost etc.
9. Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.

Have they explained what accident took place or what incident outside of their control resulted in the loss of the executed agreement. It may be that they lost the agreement as a result of negligence.
If the executed agreement has been lost due to negligence then imo they would need to comply fully with sec 78 to enforce.

[Garlok]

Re: Old Barclaycard - urgent help required

Ihaterbs,

Re your post 15 above. This is exactly the point I have been trying to make for a long time in that there is a very grey unresolved area about these early agreements. What legislation does in fact cover these agreements? There appears to be non that is effective. As in our own case, our agrrements fall before the 1983 regs and the May 1985 date but are post enactment of the CCA1974 which does contain the relevant s127 provisions (and more).

It is almost certain by reports that most of the original documents to these agreements have been deliberately destroyed, as I understand it on the basis of cost savings policies. An analysis of various comments collected together on various forums would indicate that people in our collective position have NOTHING to protect our interests i.e total limbo. A position that I cannot subscribe to and apparently neither do sections of the professional legal fraternity.

regards
Garlok

[Ihaterbs]

Re: Old Barclaycard - urgent help required

Ihaterbs,

Re your post 15 above. This is exactly the point I have been trying to make for a long time in that there is a very grey unresolved area about these early agreements. What legislation does in fact cover these agreements? There appears to be non that is effective. As in our own case, our agrrements fall before the 1983 regs and the May 1985 date but are post enactment of the CCA1974 which does contain the relevant s127 provisions (and more).

It is almost certain by reports that most of the original documents to these agreements have been deliberately destroyed, as I understand it on the basis of cost savings policies. An analysis of various comments collected together on various forums would indicate that people in our collective position have NOTHING to protect our interests i.e total limbo. A position that I cannot subscribe to and apparently neither do sections of the professional legal fraternity.

regards
Garlok

I'm sure JC is researching the matter and will act accordingly.

[MIKE770]

Re: Old Barclaycard - urgent help required

Well well prior to1975 - no agreements about that time on launch of ACCESS & Barclaycard, as they were sent out to all Bank account customers willy nilly & if you used them once that was the agreement, I had an ACCESS card under that scheme.

Might just might be ther case here?

[100mel]

Re: Old Barclaycard - urgent help required

That would have been the case with me as barclays was my first bank account and as I recall the Barclaycard was the cheque guarantee card - didn't actually use as credit card until much later when I was beyond 18 and I don't recall any paperwork

Watsons have just told me that they do not deal with the law from this era so would seem to be in limbo

[cappo]

Re: Old Barclaycard - urgent help required

hi guys i need a little bit of help with an old credit card sold by morgan stanley and taken over by barclaycard if a mailshot is recieved and posted in back to the relevant company is it classed as a non advised sale card applied for on a pre approved in oct 2004 i know the rules were a bit different then pre fsa any advice appreciated

[Garlok]

Re: Old Barclaycard - urgent help required

There has been quite a bit on MSDW cards over the road cappo. As you can see from the above we can't seem to get answers either to set our minds at rest. However I from the 2004 period I would suggest that you are correct and the relvant provisions apply. What year did Barclaycard buy out MSDW though?

Might be a discrepancy there for you to work on.

regards
Garlok

regards

[Angry Cat]

Re: Old Barclaycard - urgent help required

What year did Barclaycard buy out MSDW though?

Might be a discrepancy there for you to work on.

regards
Garlok

regards

http://www.guardian.co.uk/business/2...ss.creditcards

http://www.ukfinancialoptions.co.uk/...s-goldfish.htm

[cappo]

Re: Old Barclaycard - urgent help required

There has been quite a bit on MSDW cards over the road cappo. As you can see from the above we can't seem to get answers either to set our minds at rest. However I from the 2004 period I would suggest that you are correct and the relvant provisions apply. What year did Barclaycard buy out MSDW though?

Might be a discrepancy there for you to work on.

regards
Garlok

regards

ac has put a couple of really useful articles on here cheers ac, looks like barclays aquirred about a year 18 months ago? i just see these cc providers getting away with blue murder putting there hands up and saying well non advised we,re off the hook.i,ve now had all that nonsense from the fos wouid you believe,gobsmacked isn,t the word wouid,nt uphold on a cap 1 card if i had an accident/died etc i wouid have had over 2k coming into the house a month i can,t make the fos see where i,m coming from when i,m saying if the worse had come to the worse i still did,nt need the ppi i couid,ve paid my cc bill and not even broke a sweat they won,t have it though!also i couid,ve never claimed on it as i had a stroke in 2009 and i was on a fixed term contract for a month so i did,nt even try claiming because it wouid,nt have paid out what good is ppi eh?

[Angry Cat]

Re: Old Barclaycard - urgent help required

http://www.morganstanley.com/about/p...ticles/89.html

If, you put 2 + 2 together you might come up with 4!