fergal v barclaycard

[fergal71]

Can someone take a look and see what they think about this agreement.

I really need to have default removed and I think this is unenforceable?

any help much appreciated

 

 

http://i940.photobucket.com/albums/ad241/FERGAL71_2009/barclaysagreement.jpg

[slick132]

Hi Fergal,

 

This appears to be missing the Prescribed Terms as required for it to be enforceable. Send a letter confirming this document is inadequate, and that the a/c is in dispute.

 

For help with the DN, see here - The Consumer Forums - Challenge a default on a disputed account

 

Also see the Data Protection and Default Issues forum.

 

[locutus]

Off topic I know (which is kind of the way things are flowing at the moment )

 

If you want to embed the picture to your thread like this :-

 

and put the link in the little popup.

Edited November 19, 2009 by locutus

[fergal71]

hi slick couldnt see anything on there for default added even though account in dispute due to unenforceable agreement .... seems to be more about bank charges????? it also has Y in PPI box I did not ask for this????

 

do you have a letter for unenforceable agreement defaulted?

[slick132]

Did you read the Stickies and threads in the Data Protection and Default Issues forum ?

[fergal71]

hi yes I have read so much I think I am confused... should I start legal route cpr 31.14/16 and what is timescale of all this? really confused but can not afford this default on file? is costing me already?

[slick132]

Hi Fergal,

 

Yes it is confusing but you need to find the right stuff to read until it becomes clear.

 

If there is a clear dispute about the a/c, no default should be placed until the dispute is resolved. If this default costs you money, you could in theory sue for any consequential additional borrowing costs, for example. Read up on the case of Richard Durkin -v- DSG Retail and HFC bank PLC - Case Summaries & Court Reports - CaseCheck - Richard Durkin v DSG Retail Limited & HFC Bank plc, Aberdeen Sheriff Court, 26 March 2008 Although this is a Scottish case, I believe the case can be used as case law to back up an English claim.

 

Are there any penalty charges on this a/c. If so, this would be a clearer dispute than the (possible) failure to comply with a CCA request.

 

CPR 31.16 would be a possible way forward to get sight of the credit agreement (which you've already done) and to get the account confirmed by the court as unenforceable, if the judge agrees on the day.

[slick132]

Sorry, forgot to mention, if there's a tick in the PPI box and you didn't know of, or agree to this, start a thread in the PPI forum about reclaiming PPI.

 

[fergal71]

hi slick I have already claimed back PPI and charges including £12 charges on this account..... my complaint is now enforceability....

 

agreement not what it should be and they had PPI on there that I was unaware I had or could change... is this a worthwhile case...what is my next steps. Is there a POC that I can use anywhere, as I really need to get default removed...

[slick132]

Hi Fergal,

 

Try starting a thread in the Defaults forum if that is what you want to concentrate on - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/