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  • #1

    Leixlip1 v Barclaycard/Goldfish

    I've been fighting this one a while now since my old Goldfish account was transferred to Barclaycard in 2009. Requests under s78 and via Subject Access Requet have "only" elicited a copy of an application form which I am confident is not enforceable as it is not properly executed - prescribed terms not within signature page & no reference to them on the signature page.
    Barclaycard, Mercers, Debt Managers Ltd have all pursued and Debt Managers declined to pursue when I disputed enforceability.
    Has anyone else had a similar experience with a former Goldfish account and had an agreement form produced on request? How did you get on?
    I will be sending Niddy a copy of the application form for purusal.
    Thanks for reading this!
    Last edited by Leixlip1; 1 June 2011, 13:18. Reason: Poor spelling!
    Tags: account, act, application form, barclaycard, card, cards, cca, cca request, dca, dca's, debt, fine, letter, managers, mercers, missing, moorcroft, niddy, paid, prescribed terms, reference, signature, size, templates, ue diaries, unenforceability, work
  • #2
    Re: Leixlip1 v Barclaycard/Goldfish

    Hi and welcome.

    My Barclaycard wasn't a Goldfish card but I'm sure if you search through the UE diaries there'll be some instances of members whose cards were formerly Goldfish cards (can't think of them off the top of my head.)
    Let your smile change the world but don't let the world change your smile

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Re: Leixlip1 v Barclaycard/Goldfish

      Hi
      Alland got Barclaycard /Goldfish and so have I but you should not compare has each case is different. You'll be fine. mine nearly 3 years on and not payed a penny
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Leixlip1 v Barclaycard/Goldfish

        hi and welcome

        i have 2 b cards althuogh not goldfish but they are with moorcroft previously mercers, calders,so you see it seems they cannot produce CCA 1 year now and still not paid a penny
        good luck xx
        if you do it today and you like it you can always do it again tomorrow

        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Leixlip1 v Barclaycard/Goldfish

          This is enforceable, shockingly! First i've seen in a while but the terms are attached to the front page; however what would be good is if you try sending me it again with everything intact!

          The moment you wipe important parts of the form with black ink, it becomes enforceable!

          :niddy
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Leixlip1 v Barclaycard/Goldfish

            Aagh, will do Niddy! The terms & conditions are not the front page but the rear of the front page so say Barclaycard.

            Comment

            • #7
              Re: Leixlip1 v Barclaycard/Goldfish

              I know but please send what they sent you, including cover letter, un-edited

              Thanks
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Leixlip1 v Barclaycard/Goldfish

                Sent in all its glory

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                • #9
                  Re: Leixlip1 v Barclaycard/Goldfish

                  Originally posted by Leixlip1 View Post
                  Sent in all its glory
                  Ok, well the lack of any cancellation notice can work for now, I presume you're not paying into this? If not, don't.....

                  Send this back in response to the CCA Request ---> CCA Query - Missing Prescribed Terms
                  Last edited by AAD-LinkEditor; 4 January 2012, 03:22. Reason: link replacement
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: Leixlip1 v Barclaycard/Goldfish

                    Thanks for looking at this and suggested letter. It will be interesting to see what response I get.
                    When I've argued non-enforecable in the past dca's have dropped and returned to B/Card. I'm not paying on this.
                    Will keep updated.

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                    • #11
                      Re: Leixlip1 v Barclaycard/Goldfish

                      Originally posted by Leixlip1 View Post
                      Thanks for looking at this and suggested letter. It will be interesting to see what response I get.
                      When I've argued non-enforecable in the past dca's have dropped and returned to B/Card. I'm not paying on this.
                      Will keep updated.
                      Best of luck - keep us updated yea?
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • #12
                        Re: Leixlip1 v Barclaycard/Goldfish

                        Will do.

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                        • #13
                          Re: Leixlip1 v Barclaycard/Goldfish

                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • #14
                            Re: Leixlip1 v Barclaycard/Goldfish

                            Finally received a reply from BCard which is basically a "thanks for your complaint" final response letter; that they have complied with s78 request and therefore consider the agreement enforceable.
                            I've had similar in the past in relation to this & another account so will wait and see what their next move is and keep this updated.

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                            • #15
                              Re: Leixlip1 v Barclaycard/Goldfish

                              Originally posted by Leixlip1 View Post
                              Finally received a reply from BCard which is basically a "thanks for your complaint" final response letter; that they have complied with s78 request and therefore consider the agreement enforceable.
                              I've had similar in the past in relation to this & another account so will wait and see what their next move is and keep this updated.
                              Yep, best to ignore for now and see what progresses with these shower of shysters! :niddy
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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