Announcement

Collapse
No announcement yet.

Barclaycard Hoist portfolio

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Originally posted by whiplash View Post

    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)....
    Then it should indeed be SB

    However , and this is a huge however- do not tell them this , let it drag on for as long as possible . Is there any, even the tiniest of chances you made a payment, however small in the previous 6 years when someone was hassling you ? I ask because it seems many people do and then , understandably forget about it.
    I personally have a small debt - well I have lots , but this one is small, where if they went back through all their records they might find a letter that inadvertently acknowledged the debt . I think it went along the lines, I have no money so can't pay you so begger off you idiots- or words to that effect. As I never received a reply, my guess is, it was filed under B for bin of P for prat

    Should the worst happen I am sure Di will have your back

    Comment


    • #32
      Originally posted by Warwick65 View Post

      Then it should indeed be SB

      However , and this is a huge however- do not tell them this , let it drag on for as long as possible . Is there any, even the tiniest of chances you made a payment, however small in the previous 6 years when someone was hassling you ? I ask because it seems many people do and then , understandably forget about it.
      I personally have a small debt - well I have lots , but this one is small, where if they went back through all their records they might find a letter that inadvertently acknowledged the debt . I think it went along the lines, I have no money so can't pay you so begger off you idiots- or words to that effect. As I never received a reply, my guess is, it was filed under B for bin of P for prat

      Should the worst happen I am sure Di will have your back
      Hi thanks for your input.....Same thinking as me is to just keep quiet for as long as possible. I am 100% positive no payments whatsoever made and no response from me to any of the letters since at least September 2011 until my cca request 28th Feb 2018.
      quote from earlier post.....

      " Just to update you I have several statements from Nov 2011 to Feb 2012 all stating Default sum Notice....was already 3-4 months in arrears by then.The Nov 2011 statement also states the card cancelled.
      I also have 3 letters from Mercers Nov 2011, Dec 2011 and Jan 2012 then 2 from Calder Feb 2012 and 13thMarch 2012, the last one stating Notice of intention to sell your debt. This account being returned to Barclaycard."

      This was the last I heard until Oct/Nov 2017 when Robway 1st wrote to me.
      Regards


      Last edited by whiplash; 17th May 2018, 12:54. Reason: correction of date

      Comment


      • #33
        Hi all, letter received from Robway stating they still have not had a response from B'card and that they are continuing to seek an update from them. Action on my account has been temporarily stopped whilst they await a resolution. They thank me for my patience Still no mention that this is currently unenforcable.
        regards
        w

        Comment


        • #34
          Hi all, another letter received from Robway 19th July advising me they are still trying to obtain the information requested. And that it is taking longer than expected. Account remains temporarily on hold until this has been resolved, and thank me once again for my patience.
          Still no mention that this is currently UE.
          Regards
          W

          Comment


          • #35
            Originally posted by whiplash View Post
            Hi all, another letter received from Robway 19th July advising me they are still trying to obtain the information requested. And that it is taking longer than expected. Account remains temporarily on hold until this has been resolved, and thank me once again for my patience.
            Still no mention that this is currently UE.
            Regards
            W
            "..
            Still no mention that this is currently UE. .."
            Which is against the regulators instructions!! Link is another company that it seems doesn't sign for Recorded Delivery! Never acknowledges CCA and after sometime and with out mentioning outstanding CCA considers they can resume harassment as normal! Well that's another issue that can be raised in Court!!

            Comment


            • #36
              Originally posted by whiplash View Post

              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

              Maybe you don't have a copy of the original Default Notice because you were never served with one

              I note that Mercers were involved at some stage so if they issued a DN (not Barclaycard) that could cause problems since they ceased trading and were subsequently Dissolved https://beta.companieshouse.gov.uk/c...filing-history

              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


              • #37
                Originally posted by Diana Mayhew View Post


                Maybe you don't have a copy of the original Default Notice because you were never served with one

                I note that Mercers were involved at some stage so if they issued a DN (not Barclaycard) that could cause problems since they ceased trading and were subsequently Dissolved https://beta.companieshouse.gov.uk/c...filing-history

                Di
                Hi Di
                I definitely don't have the default notice, I can only go by my copies of credit ref file checks from Oct 17 that state the default date is April 12th 2012, so as my paperwork trail ends in March/April 2012 I can only assume that a default notice was sent to my previous address (which I left in 2011) but maybe not?
                When you say could cause problems....is that problems for me or Robway??
                Regards
                W

                Comment


                • #38
                  I am sure Di can explain better than me but in my case with cap 1 and Lowell the judge ruled no default notice therefore their claim failed. And they had to pay costs as well !

                  Comment


                  • #39
                    Problems for Rob Way, not you
                    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


                    • #40
                      Originally posted by cymruambyth View Post
                      Problems for Rob Way, not you
                      Oh good

                      Comment


                      • #41
                        Originally posted by Warwick65 View Post
                        I am sure Di can explain better than me but in my case with cap 1 and Lowell the judge ruled no default notice therefore their claim failed. And they had to pay costs as well !

                        You've explained it well without my help
                        As you say the interesting issue was (apart from winning your case in court ) that you/your legal team were awarded costs despite your claim being in the Small Claims Track.

                        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


                        • #42
                          Originally posted by whiplash View Post
                          I definitely don't have the default notice, I can only go by my copies of credit ref file checks from Oct 17 that state the default date is April 12th 2012, so as my paperwork trail ends in March/April 2012 I can only assume that a default notice was sent to my previous address (which I left in 2011) but maybe not?

                          I wouldn't assume anything!

                          Barclaycard may have registered a Default on your CRA file without serving a DN, or the DN they issued (if they did) may have been 'bad' (not enough time to remedy or seeking the whole balance not just the monthly contractual payment arrears etc). They had a reputation for registering defaults up to two years after they should have done under ICO guidance.

                          Did Barclaycard or Mercers or any DCA ever write to you at the addressed you moved to in 2011?

                          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


                          • #43
                            Originally posted by Diana Mayhew View Post


                            I wouldn't assume anything!

                            Barclaycard may have registered a Default on your CRA file without serving a DN, or the DN they issued (if they did) may have been 'bad' (not enough time to remedy or seeking the whole balance not just the monthly contractual payment arrears etc). They had a reputation for registering defaults up to two years after they should have done under ICO guidance.

                            Did Barclaycard or Mercers or any DCA ever write to you at the addressed you moved to in 2011?

                            Di

                            Hi Di I had replied to this but all my posts from yesterday seem to have vanished??
                            No they only wrote to my previous address as when I left in 2011 I had no home to go to however i had set up a mail redirection, up until March/April 2012, to a friends address who kept most of it from me at the time due to my mental state.....he had kept all this redirected mail I discovered in Oct 2017. So I have most paperwork for all my debts up until April 2012.
                            Regards
                            W

                            Comment


                            • #44
                              Originally posted by whiplash View Post

                              Hi Di I had replied to this but all my posts from yesterday seem to have vanished?
                              I believe there was a technical blip last night and some posts got lost.

                              Feel free to post any questions you had again so they’ll get answered.

                              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

                              Who's Viewing Thread: 1 (0 members and 1 guests)
                              Working...
                              X