Barclaycard Hoist portfolio

[Joanna Connolly Solicitors]

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

[whiplash]

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

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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

[whiplash]

Problems for Rob Way, not you

Oh good

[cymruambyth]

Problems for Rob Way, not you

[Warwick65]

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 !

[whiplash]

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

[Joanna Connolly Solicitors]

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

[Roger]

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!!

[whiplash]

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

[whiplash]

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

[whiplash]

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

[Warwick65]

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

[whiplash]

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)....