CCA card before april 2007

mwaheed

Hi Everyone !

This is my first time writting on the forum so apologises if I am using the wrong thread etc.

Basically I was looking for some help and advise on my credit card agreements.

12+2 days ago I posted letters with £1 postal order enclosed to Barclaycard, Egg, Mint asking for my credit agreement.

I have received a reply only from Barclaycard and now seek advise to what my next step should be ?
I cant attached the letter so I have typed it below. I got this letter and also the standard Barclaycard terms and conditions leaflet photocopy which didnt have my name, address, signature, basically nothing in specific information related to myself. Just the general leaflet on Credit agreement regulation by the consumer credit act 1974.

Reply:

Dear Mr Waheed

reference: SECTION 78 of the Consumer Credit Act 1974

I write further to your letter and enclosed £1.00 fee requesting a copy of your executed agreement for the above amount.

Please find the following documents enclosed:

oA copy of your orignal Barclaycard terms and conditions at the time you opened your account.
oThe current credit limit on your account is £*****
oThe current balance on your account toady is £*****
oThe next minimum balance on your account today is £***** is due on the 28/05/09.
oPlease note, a copy of your current Barclaycard Credit Agreement will be sent under separate cover.
The information we must provide to you under the terms of section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.
You will be receiving your next statment shortly which will provide you with full details of your account.
This completes our obligation to you under section 78 of the Consumer Credit Act 1974.

Yours sincerely
Barclaycard Customer Services

JULY 2002 TO AUGUST 2003
CLASSIC/GOLD/PLATINUM/INITIAL/FOOTBALL/STUDENT
01/07/2002 - 31/08/2003

(The july 2002 to august 2003 was a separate photocopy also enclosed).

What do I do now ? I would appreciate any advise given..

Muhammad.

Alex_LS

I think it may have been a waste typing all that out - the relevant bit would be the actual agreement.

As per http://www.moneysavingexpert.com/loans/debt-help-plan

"Any credit agreement, for example credit cards, loans and catalogue agreements signed before 6 April 2007 has to adhere to a strict format set by the Consumer Credit Act. If this format is not followed you can challenge the enforceability of the agreement with your lender. Examples of errors include signatures and contact details missing from the paperwork and incorrect APR calculations."

So you need to check whether the agreement has the appropriate information, for starters

BTW - are you actually in difficulty?.

mwaheed

Hi,

Thanks for that, I didnt get any signature or contact details or any calculations, apart from the leaflet, which has a chart with APRs on it ?
I am basically -£38,000 in debt..

Alex_LS

But "Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate cover.". You'll need to wait for that.

mwaheed

Yeah I guess nothing further can happen till they send that through..
Is there a time frame for them to get back to me though ?
What about my other two cards ? I havent heard anything from them at all ? Do they have timeframes to reply back to me by ?
I posted letters on the 27th April, so 14th May will be 18 days, thats 12+2. ?

naijapower

Yes, you need to wait for a copy of your current barclaycard agreement. When you receive this, let us know

mwaheed

Ok thanks..

What about the other two cards ? I havent heard anything ?

Alex_LS

AFAIK, they have 12 working days to provide it, and cannot enforce the agreement until they do. After a month, they have committed a criminal offence.

mwaheed

Oh ok, so if they do not provide any information or contact me by the tommorrow (14th) which is 18 days in total (12 working days). Then they can not enforce.
Does that mean I dont have to make my minimum payment next month ?
Wont that be marked red on my credit history ?
Sorry for so many questions..
Its just the total on credit cards is £17,000 debt so I want to make sure I cover all avenues .

*Chattie*

Why would you not make any payment next month?

mwaheed

Hi,
I read somewhere that while your being reviewed on credit card agreements your credit is on hold or something like that ?