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  • #16
    Originally posted by Diana Mayhew View Post


    As NW has said, send the s 77-79 CCA Request to Hoist with a copy to Robinson Way (the CCA Request always goes to the debt owner). You must enclose the £1 statutory fee.

    According to an earlier post your last payment to Barclaycard was in July 2011 and the account was defaulted in 12th April 2012. This means you may be tantalisingly close to the debt becoming Statute Barred (next month).

    Whatever you do, don't ask for the Default Notice in case they source it and realise that SB is imminent so issue a claim without following Pre Action Protocol to beat the deadline. A court is likely to tolerate them skipping that step (Pre Action Protocol Letter Before Claim offering to hold off for 30 days) if it would prejudice them.

    Di
    Hi thanks for that.....the standard cca request was sent with a £1 postal order to Hoist with a copy to robinson way by recorded del on 28th Feb 2018....The default date quoted is from credit reference file under Hoist listing for this debt. I have not done a SAR request to Barclaycard as yet.....Should I do that? or just sit tight and await the response from the CCA request......What happens if I don't hear back within the timescale quoted in the CCA letter?.....
    Best regards

    Comment


    • #17
      if you don't hear back you stay quiet until you do, sometimes the best course of action is nothing,

      As long as you have proof of postage/ delivery, no reply means that your request is unfulfilled , this makes the account Un-enforceable while the CCA is outstanding,
      If they get a little heavy then post back and we can take it from their next communication.

      I would wait and see what the reply is before sending a SAR, Barclays said they don't keep copy's of Default notices when I sent for my SAR just a date of when issued.
      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.

      Comment


      • #18
        Originally posted by whiplash View Post

        I have not done a SAR request to Barclaycard as yet.

        No need to send a SAR yet.

        If you wait you may then be able to see any communication between Hoist/Robinson Way and Barclaycard about your CCA Request in the Transaction Log and other valuable nuggets of information.

        Unless or until they comply with your request the debt will be unenforceable so enjoy the peace and quiet.

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #19
          Originally posted by Diana Mayhew View Post


          No need to send a SAR yet.

          If you wait you may then be able to see any communication between Hoist/Robinson Way and Barclaycard about your CCA Request in the Transaction Log and other valuable nuggets of information.

          Unless or until they comply with your request the debt will be unenforceable so enjoy the peace and quiet.

          Di
          Ok thanks for that....

          Comment


          • #20
            Originally posted by Diana Mayhew View Post


            No need to send a SAR yet.

            If you wait you may then be able to see any communication between Hoist/Robinson Way and Barclaycard about your CCA Request in the Transaction Log and other valuable nuggets of information.

            Unless or until they comply with your request the debt will be unenforceable so enjoy the peace and quiet.

            Di
            Hi letter received from Robinson way today stating they have asked for a copy of the agreement/statement and that they have put the account on hold temporarily.
            They will contact me when they receive the documentation.
            Best regards

            Comment


            • #21
              Hi all just to let you know that all is quiet and I have nothing further to report so far.....
              Best regards

              Comment


              • #22
                Hi all nothing more heard back as yet from the cca request (sent 28th Feb to Hoist/Robway,and acknowledged by them).I do believe that as the default date (as per credit ref agency) was 12th April 2012 this could now be considered statute barred could it not?. I have also noticed that this debt has dropped off my credit file too.

                Comment


                • #23
                  Originally posted by whiplash View Post
                  Hi all nothing more heard back as yet from the cca request (sent 28th Feb to Hoist/Robway,and acknowledged by them).I do believe that as the default date (as per credit ref agency) was 12th April 2012 this could now be considered statute barred could it not?. I have also noticed that this debt has dropped off my credit file too.
                  Might be prudent now to send for that SAR because it will include the Hoist correspondence. At the moment its UE in any Case! I suspect that the SAR is required to be certain of the SB!

                  Comment


                  • #24
                    I would wait until they cause problems before requesting a SAR. Keep a copy of the default on your credit report for your own records and carry on ignoring; it is usually a month after the default is registered (assuming you have made no payments etc) before it is SB.

                    We have a SB debt that Rob Way claimed was still viable as we had paid 1p - they helpfully supplied all the ‘evidence’ free of charge!
                    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.

                    Comment


                    • #25
                      Originally posted by cymruambyth View Post
                      I would wait until they cause problems before requesting a SAR. Keep a copy of the default on your credit report for your own records and carry on ignoring; it is usually a month after the default is registered (assuming you have made no payments etc) before it is SB.

                      We have a SB debt that Rob Way claimed was still viable as we had paid 1p - they helpfully supplied all the ‘evidence’ free of charge!
                      Hi thanks for that....I have kept a copy of the credit ref report which includes the default date as I don't have a copy of the original default notice, and as you say I am just sitting tight until/if they start causing problems. No payments have been made to this account since July 2011.
                      Take care

                      Comment


                      • #26
                        Originally posted by cymruambyth View Post
                        I would wait until they cause problems before requesting a SAR. Keep a copy of the default on your credit report for your own records and carry on ignoring; it is usually a month after the default is registered (assuming you have made no payments etc) before it is SB.

                        We have a SB debt that Rob Way claimed was still viable as we had paid 1p - they helpfully supplied all the ‘evidence’ free of charge!
                        Hi thanks for that....I have kept a copy of the credit ref report which includes the default date as I don't have a copy of the original default notice, and as you say I am just sitting tight until/if they start causing problems. No payments have been made to this account since July 2011.
                        Take care

                        Comment


                        • #27
                          Hi all....Letter received today from Robway stating they have not had a response, (my CCA req 28th Feb 2018), from original creditor, (B/card), and they will let me know the response when they get one.
                          As per previous letter all action stopped whilst they await a resolution.
                          W

                          Comment


                          • #28
                            long may it be
                            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.

                            Comment


                            • #29
                              Originally posted by whiplash View Post
                              .Letter received today from Robway stating they have not had a response, (my CCA req 28th Feb 2018), from original creditor, (B/card), and they will let me know the response when they get one.
                              As per previous letter all action stopped whilst they await a resolution.

                              This means the debt is currently unenforceable and they're supposed to tell you that - did they?

                              It's written in the FCA Handbook CONC 13.1.6 here > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

                              Enjoy the peace and quiet

                              Di
                              Legal Disclaimer

                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment


                              • #30
                                Originally posted by Diana Mayhew View Post


                                This means the debt is currently unenforceable and they're supposed to tell you that - did they?

                                It's written in the FCA Handbook CONC 13.1.6 here > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

                                Enjoy the peace and quiet

                                Di
                                Hi Di.....no they didn't state that in their letter.....I am still enjoying the peace & quiet at mo......I am also thinking that this debt must be approaching statute barred, if not already.....(default date on credit file was 12th April 2012 last payment made July 2011)....

                                Comment

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