SKY CARD (part of barclays) CCA

[carpinjoy]

Can someone please have a look at this and confirm what I believe, I think that this credit card is enforcable. Thank you claggers. The forum is telling me that I cant post an attachment at the moment I will get it on asap.

[carpinjoy]

I cant get it posted as the system is saying that I mat not post attachments ???. Can someone please help. I posted attachments on two other issues earlier, so I dont understand why I cant do it on the SKYCARD issue

[slick132]

Moving your thread into the BC forum.

If you're having probs using an attachment, could you instead link to the doc't using Photobucket.

http://www.consumeractiongroup.co.uk...i-dummies.html

[carpinjoy]

Need some inspiration here, I have posted 3 different attachments today all on cag site with no problems, yet I still cant post my CCA onto this thread. I have tried photobucket that is worse, I just dont know why it wont let me post on the barclaycard thread. At the bottom of all the faces it is telling me I cannot post attachments. Can someone help please.

[slick132]

I'll report this to see if our WebTechyBod can explain and/or rectify this for you.

[clemma]

Unfortunately, this contains all the prescribed T&C's - as long as this originally had your signature on.

The only thing wrong with it is the stamp, which is across part of the T&C's - but I doubt this is enough to put the account into dispute.

I would recommend writing to them and asking that they accept lower payments if you are finding it difficult at the moment.

[carpinjoy]

Thank you clemma, I thought it was allright, I have been in touch with them and quite honestly out of all 6 crediters that I owe money too, they have been the most pleasent and accomodating with no threats or defaults, and accepted the minimum payment for 6 months. If only the rest had the same attitude I would not be in this position. Still the rest have a war on their hands as it looks like 3 are unenforcable, and the other 2 you know about. Many thanks again clemma, I will keep you and the rest of our happy band updated as things progress.

[WebMaster]

You should be able to upload attachments to this forum now - let me know if it's still a problem

[carpinjoy]

Thank you for the help,I posted it on one of my other thtreads in desperation and asked for it to be moved over so I hope the two dont clash.

[the_shadow]

Hi Carpinjoy, I concur with Clemma, this is enforceable.

Good that you've come to an arrangement with them though.

S.

[carpinjoy]

Thanks for looking shadow, do you agree with clemma on the Y.B. CCAs on the other thread

[marc.w]

Hi Carpinjoy, i have the exact same application form from Skycard and have been arguing the case as they have not stated a credit limit it is unenforceable and that it is not signed by the debtor. I was in the middle of drafting a letter stating case law below when i saw this thread:-

I refer to the case Central Trust Plc V Spurway [2005] CCLR,where HHJ Overend states

24. In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that:

(a)The amount of credit must mean credit in its technical sense, and
(b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is.


This is my first post, although i have been a member for quite a while, and picked up some very useful information.


I am now in a quandry as what to do now as i have seen a lot of Shadows postings and he is much more knowledgable on these matters than i am.


I would appreciate his/anyone's opinion on this?

[the_shadow]

Whilst the skycard doesnt state an actual figure it does have a statement that the provider will set the credit limit and advise you of this limit.

This thread details the prescribed terms

http://www.consumeractiongroup.co.uk...le-useful.html


I quote from that thread.

D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Sorry..

S.

[carpinjoy]

Looks like S. is right on this marc.w, I wish that he was not. I thought in my own mind that it was allright after looking at other threads on other CCAs and it seemed to me that skycard had covered all the bases, sorry. Keep clagging on this thread if you persue your CCA with them as I would be very interested as to how you get on.

[carpinjoy]

I have the same problem getting this attachment posted, so I have decided to post it on this thread since the problem with my attachment was sorted on this one, please move it when the problem is sorted on the other thread. Will someone look at this and let me know what you think. A big THANK YOU. problem occurs when I start a new thread.

[clemma]

If the 3rd and 4th pages were also signed by you, then this looks enforceable to me.

[carpinjoy]

page 3 is the only one with my signature ( where the arrow points to the right). No signature box in page 2 titled credit card agreement.

[clemma]

It's quite possibly still enforceable....

[the_shadow]

As all 4 pages are clearly linked I would say enforceable.

S.

[carpinjoy]

Thanks to all, well four out of six is not bad, 2 Y.B, 1 Crap one, 1 Intelligent Finance, all seem to be unenforcable at the moment, plus 2 Y.B bank charges, 1 Barclays bank charges, I think that is enough to be getting on with dont you. I will require a lot of guidence as it all unfolds. A special thanks to S., sunflower99, and clemma.