@santanderbankgb Accounts with a card (including basic acccounts)

[barry_2008]

The Santander accounts have in the back of cards that they remain the property of Santander.

 

The Sale of Goods Act 1979 section 2 says

 

(1)A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.

(2)There may be a contract of sale between one part owner and another.

(3)A contract of sale may be absolute or conditional.

(4)Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale.

(5)Where under a contract of sale the transfer of the property in the goods is to take place at a future time or subject to some condition later to be fulfilled the contract is called an agreement to sell.

(6)An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.

 

 

But I am unable to tell when the UTCCR's apply and the sales of goods act ends.

Its obvious that the card we insert into the ATM machines are subject to the Sale of goods act but when do the UTCCR's end?

 

 

Is this a new area of action to look at?

 

B

[BRIGADIER2JCS]

The physical possession of the card and its' use by

the person it is issued to is a ''privilage'' granted by

the card provider, which can at any time and for

any reason be revoked by the card owner/issuer.

Credit cards carry this statement but in my experience

debit cards do not.

[barry_2008]

It says on my card (Or maybe not) and its a cirrus one that it is property of the bank.

 

Part II of the Sale of Goods act says

(1) A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.

So is this yet again miss selling?

[BRIGADIER2JCS]

Also you will find that cheques also remain

the property of the issuing bank.

All this is to protect the issuer from

misuse of the facility granted.

nothing unfair what so ever.

[barry_2008]

Ok this is the confusing part.

 

It says it remains the part of the bank when the Act says its not the banks.

 

Well is this confusing ?

 

Here is something for ya.

 

(4)Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale.

or

[BRIGADIER2JCS]

Not clear here, the card or cards are issued on the

condition set out in the Ts &Cs of a CCA 1974 regualted

agreement, the bank/issuer is NOT selling you a ''card''

it is issued to you to enable you to use the facility provided

under the regulated agreement.

If you stay in an hotel you are issued with a key to your

room the key remains the property of the hotel.

[barry_2008]

Yes but when the card is issued to you it is not a gift it opens up a contract.

 

Im trying to work out if the UTCCR's apply or when they do and the sale of of good act.

 

 

(3)A contract of sale may be absolute or conditional.

[BRIGADIER2JCS]

The terms and conditions signed and accepted state

that the card/cheques remain the property of the issuer

and may be revoked at any time.

I seen this years ago and it has no merit.