Barclaycard Recon Agreement

[TheDarkKnight]

Hello All,

Can anyone help me with analysing the attached recon agreements.

They are for a Barclaycard credit card agreement from Oct 2006.

They were provided by a DCA and are subject to a court case at the moment.

There are a total of 7 pages.

So far I have found the following errors with the docs, when compared against Carey v HSBC

 

1. The cancellation notice on page 1. Doesn’t comply with any such notices as per Statutory Instrument 2004 no. 2619 The Consumer Credit (Miscellaneous Amendments) Regulations 2004.

2. Both agreements have the incorrect heading.

3. The second one states - The agreement is between Barclays Bank PLC and You, the person who signed the agreement as shown on the attached letter!!!

4. Condition 1 is missing on both of them.

5. Also, On the top left of page 2 of the first agreement is a date and time 26/06/07 3.40pm and In the second agreement it is 22/09/09 19:08. Surely this can't be the t&c's at inception which was Oct 2006.

6. In the first agreement, the front page in the section headed TOTAL CHARGE FOR CREDIT. An example of a standard balance payable equally over 12 months states that the total charge for credit will be £138.44. This works out at a rate of 9.23% and not standard rate of 17.9% quoted in the first box of the same document. (138.44/1500x100)

Anyone know how this is worked out, as it is a prescribed term, my understanding is that it cannot be misstated.

7. In the second agreement the third box top left for APR states - Not applicable see below and in the bottom left the box for total charge for credit states Not applicable see below

 

The DCA reckons that barclaycard advised them that i signed the agreement even though one was never ever presented to me even when I queried it several times in 2006/07

 

Would be grateful for any input regarding enforceability and any more errors especially in the prescribed terms.

Thanks for your help

[Bandit127]

Did you miss a page? The one with your name, address, date and a signature box. Credit limit. APR. Etc.

 

All I can see is T&Cs.

[TheDarkKnight]

Hi, My name and address was on the page after the cancellation notice (pg 2 in my attachment). I blanked it out.

There should be seven pages in total in the attachment. That is all the docs, the DCA provided me.

[BRIGADIER2JCS]

Hi, My name and address was on the page after the cancellation notice (pg 2 in my attachment). I blanked it out.

There should be seven pages in total in the attachment. That is all the docs, the DCA provided me.

A recon agreement Must contain the following data.

1. The customers name and address at the inception of the agreement.

2. The Creditors name and address at the inception of the agreement.

3 The Ts & Cs at inception.

4.The Ts and Cs at Closure of the account.

5. Any material changes in the Ts & Cs during the life of the agreement.

6.Any other document mentioned in the Ts & Cs.

 

 

A recon does Not have to have signatures.

 

 

Such a recon May satisfy a Sections 77-79 Request made under CCA 1974 (as amended) it would be for a judge decide if it was sufficient to allow enforcement.

 

 

Should you doubt the validity of the data provided make a formal rejection of it as a " formal complaint" then it must be fully investigated and responded to with in 8 weeks.