Barclaycard Hoist portfolio

[whiplash]

• Type of account.......Barclaycard Credit card
• Date commenced ...June 2004
• Approx balance........£4781
• Date last paid ..........Nothing since July 2011
• Are you on arrangement or not paying.....Not paying failed on reduced payment arrangement July 2011
• Status ......................Default date 12th April 2012 according to credit report
• Account owner ........DCA......Hoist HPH2

Lots of old paperwork discovered

Was on a repayment plan with barclaycard letter dated 20th June 2010....reduced payments of £25.00 and suspension of interest/charges for 6months.

Struggled to keep up payments in 2011 and last payment of £25 made in July 2011....
Letter from Barclays stating repayment arrangement cancelled dated 13th Oct 2011 and instructions to Mercers to send default notice.

I have had several letters from Robinson Wayasking me to pay or make arrangements with them last letter 20th Jan 2018 offering reduced balance offer of 33%.....I have not replied to any of them.
Not sure what I should do.....pretty sure that this is statute barred is it not????
Any help/advice would be great

[nightwatch]

Hi and welcome to AAD
SB is tricky thing at the mo, Some companys say 6years from last Payment/ contact or acknowledgement. others go off default date,some date recorded as default with CRA
you say Default was on a statement, was it not a formal DN giving you xx amount of time to pay arrears or by XX date issued by Barcs or Mercers

as you have not contacted RW and they are not threatening anything, I would do nothing at the moment, wait and see what turns up next then come back and post on this thread.
fingers crossed they may drop it, NW

[whiplash]

Hi and welcome to AAD
SB is tricky thing at the mo, Some companys say 6years from last Payment/ contact or acknowledgement. others go off default date,some date recorded as default with CRA
you say Default was on a statement, was it not a formal DN giving you xx amount of time to pay arrears or by XX date issued by Barcs or Mercers

as you have not contacted RW and they are not threatening anything, I would do nothing at the moment, wait and see what turns up next then come back and post on this thread.
fingers crossed they may drop it, NW

Ok will do.....Thanks really appreciate your help

[whiplash]

Ok will do.....Thanks really appreciate your help

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.
Maybe this is of help?

[Roger]

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.
Maybe this is of help?

The Default Notice is a special and legal document under the Consumer Credit Act that has to be sent by post .
What do the Mercer and Calder letters say?
What you need here is a SAR from Barclaycard to see what if any information they hold.

[whiplash]

Hi I don't appear to have the actual Default notice.....I have updated the Diary ref default date and account start date as per info from credit ref report.
Should I post the Mercer/Calder letters on here ( obviously removing the account details) or just list the details? if posting is their a preferred format....I can scan/copy documents
Best regards

[whiplash]

The Default Notice is a special and legal document under the Consumer Credit Act that has to be sent by post .
What do the Mercer and Calder letters say?
What you need here is a SAR from Barclaycard to see what if any information they hold.

Hi I don't appear to have the actual Default notice.....I have updated the Diary ref default date and account start date as per info from credit ref report.
Should I post the Mercer/Calder letters on here ( obviously removing the account details) or just list the details? if posting is there a preferred format....I can scan/copy documents
Best regards

[Roger]

Hi I don't appear to have the actual Default notice.....I have updated the Diary ref default date and account start date as per info from credit ref report.
Should I post the Mercer/Calder letters on here ( obviously removing the account details) or just list the details? if posting is there a preferred format....I can scan/copy documents
Best regards

That's my thinking because if the Default Notice began to appear on Statements Nov 2011 and Mercers were involved then it seems logical that Mercers issued a Default Notice around Sept/Oct 2011. It would help if you could find that Document! or even Documents from Mercer earlier than Nov 2011. This is to your advantage!!

[whiplash]

• Type of account.......Barclaycard Credit card
• Date commenced ...June 2004
• Approx balance........£4781
• Date last paid ..........Nothing since July 2011
• Are you on arrangement or not paying.....Not paying failed on reduced payment arrangement July 2011
• Status ......................Default date 12th April 2012 according to credit report
• Account owner ........DCA......Hoist HPH2

Lots of old paperwork discovered

Was on a repayment plan with barclaycard letter dated 20th June 2010....reduced payments of £25.00 and suspension of interest/charges for 6months.

Struggled to keep up payments in 2011 and last payment of £25 made in July 2011....
Letter from Barclays stating repayment arrangement cancelled dated 13th Oct 2011 and instructions to Mercers to send default notice.

I have had several letters from Robinson Wayasking me to pay or make arrangements with them last letter 20th Jan 2018 offering reduced balance offer of 33%.....I have not replied to any of them.
Not sure what I should do.....pretty sure that this is statute barred is it not????
Any help/advice would be great

Update with more details after discovering more paperwork

[Joanna Connolly Solicitors]

If you’ve not sent a s 77-79 CCA Request to Hoist already then I suggest you do that now with a copy to Robinson Way.

Make sure you include the £1 statutory fee and send it Royal Mail Recorded Delivery.

Until or unless they comply with your request the debt will be unenforceable in court. You say this is a Barclaycard opened in 2004 so hopefully it will take them some time (if ever) to source or reconstitute it.

However if you’ve previously sent a CCA Request to Barclaycard then nothing is gained by sending another if the first one has not been complied with.

The Default Notice will be relevant but non compliance with s 78 CCA will protect your legal position.

Di

[whiplash]

If you’ve not sent a s 77-79 CCA Request to Hoist already then I suggest you do that now with a copy to Robinson Way.

Make sure you include the £1 statutory fee and send it Royal Mail Recorded Delivery.

Until or unless they comply with your request the debt will be unenforceable in court. You say this is a Barclaycard opened in 2004 so hopefully it will take them some time (if ever) to source or reconstitute it.

However if you’ve previously sent a CCA Request to Barclaycard then nothing is gained by sending another if the first one has not been complied with.

The Default Notice will be relevant but non compliance with s 78 CCA will protect your legal position.

Di

Hi thanks for your reply...I have never had any contact from Hoist....only Robinson Way....the last letter dated 21st Jan offering a reduced balance of 33%...nothing since.....should I wait until I hear any more from them before doing anything? as previously advised to do nothing until I hear from them.
Best regards

[whiplash]

If you’ve not sent a s 77-79 CCA Request to Hoist already then I suggest you do that now with a copy to Robinson Way.

Make sure you include the £1 statutory fee and send it Royal Mail Recorded Delivery.

Until or unless they comply with your request the debt will be unenforceable in court. You say this is a Barclaycard opened in 2004 so hopefully it will take them some time (if ever) to source or reconstitute it.

However if you’ve previously sent a CCA Request to Barclaycard then nothing is gained by sending another if the first one has not been complied with.

The Default Notice will be relevant but non compliance with s 78 CCA will protect your legal position.

Di

Hi Diana which CCA request should I send??.....should I send then one including a request for a copy of the default notice or the standard one?
I have never sent any request previously and although I have a lot of old paperwork/letters/statements I do not have a copy of Default notice.....Just a letter dated 13th Oct 2011 from Barclaycard stating that my reduced payment arrangement is terminated and they will ask Mercers to issue one....I have some letters from Mercers but no Default letter.
Best regards

[nightwatch]

for now just send the standard CCA request, the default can be argued at a later date, send recorded so you have proof of posting and delivery, enclose the £1 fee,

NW

[whiplash]

for now just send the standard CCA request, the default can be argued at a later date, send recorded so you have proof of posting and delivery, enclose the £1 fee,

NW

Great.....Thank you NW.....

[Joanna Connolly Solicitors]

Hi Diana which CCA request should I send??.....should I send then one including a request for a copy of the default notice or the standard one?
I have never sent any request previously and although I have a lot of old paperwork/letters/statements I do not have a copy of Default notice.....Just a letter dated 13th Oct 2011 from Barclaycard stating that my reduced payment arrangement is terminated and they will ask Mercers to issue one....I have some letters from Mercers but no Default letter.

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