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  • Constant debt transfer

    I have an old Barclaycard debt which I eventually settled out of court. I didn't want to risk a session in front of a DJ so I did the online mediation and they accepted 1 per month ad infinitum without any judgement being put against me. I have been paying that for years but the debt keeps being transferred, I reckon this is probably the fifth time it has been moved to another company. Can they keep doing this? I suppose it doesn't really impact me but my sceptical nature wonders if they are trying to find a way to get me to default on the payment? The agreement was they could not come back and change the payment or seek full payment provided I kept up with my 1 payments. This is all done via the bank and the payee hasn't changed, they tell me to keep paying Robsomeone Way

    I wasn't sure where I should post this and I apologise if this is in the wrong place

    MJ
    Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

    sigpic

  • #2
    better let us know e]what this is related to??? credit card / ;#loan etc etc more detail,
    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.

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    • #3
      When you say moved, is that to another DCA or another debt purchaser?

      Was this a consent order agreed by the court or simply a deal between you and the creditor?

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      • #4
        It was a credit card debt. The court document shows they substituted one Hoist financial company for another as the new claimant.
        Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

        sigpic

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        • #5
          Originally posted by mauijim View Post
          It was a credit card debt. The court document shows they substituted one Hoist financial company for another as the new claimant.
          As far as I know RW are part of Hoist and they do move debts around from one entity to another for reasons I am not sure about. I had an account with one company that was then bought and my account was moved twice - made no difference it is still SB if they don't find the letter when I told them to go an F themselves (oops not my finest hour)

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          • #6
            Originally posted by Warwick65 View Post

            As far as I know RW are part of Hoist and they do move debts around from one entity to another for reasons I am not sure about. I had an account with one company that was then bought and my account was moved twice - made no difference it is still SB if they don't find the letter when I told them to go an F themselves (oops not my finest hour)
            !F! being flip?
            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.

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            • #7
              Originally posted by mauijim View Post
              I have an old Barclaycard debt which I eventually settled out of court. I didn't want to risk a session in front of a DJ so I did the online mediation and they accepted 1 per month ad infinitum without any judgement being put against me. I have been paying that for years but the debt keeps being transferred, I reckon this is probably the fifth time it has been moved to another company. Can they keep doing this? I suppose it doesn't really impact me but my sceptical nature wonders if they are trying to find a way to get me to default on the payment? The agreement was they could not come back and change the payment or seek full payment provided I kept up with my 1 payments. This is all done via the bank and the payee hasn't changed, they tell me to keep paying Robsomeone Way

              I remember your case from 2014 - at the time we estimated it would take 793 years (not a typo!) to pay it off

              You're right to be cynical about attempts to trip you up so the Mediation Settlement gets breached meaning they could take you back to court for a CCJ.

              If you've kept a copy of your Settlement you can email it to me for an overview by Jo using di@joannaconnollysolicitors.co.uk

              This was a claim by MKDP who assigned it to 'Hoist', but your post implies that it may have been subject to an 'internal assignment' to a different 'Hoist'. Robinson Way may remain as the DCA for Hoist but it's wise to check your legal position.

              Here's what happened at your Mediation in 2014 >


              Originally posted by mauijim
              Mediation call MKDP (Barclaycard) v Mauijim

              This morning I had my mediation call booked so I grabbed my file, a notepad and the phone. They were on time and so began the back and forth of calls.

              I told them their paperwork was non-compliant, they claimed it was. I asked why they waited 3.5 years to send me a signed copy of the CCA and they claimed they had just received it. Yeah right and I came down in the last shower of rain!

              Then I gave them my history with Barclaycard, I asked why they had never acknowledged me before with anything but templates. I asked why they ignored my health issues and only replied with templates saying "pay up or else". They claimed not to have received the letters so I said I would be happy to produce them in court with Signed For receipts to prove they had received them. The tone started to change and when the mediator came back I could sense they were conceding more and more ground. They then asked me to explain my legal case and I refused. I said I had submitted a defence and they were in receipt of it. They wanted more and I refused saying I was not going to give them that now. With TWO minutes left on the call I reiterated my position, I would go to court and let the judge decide who was legally correct and ask how the judge felt I had been treated...although they could probably do very little in court! The mediator went back to MKDP and 30 seconds later came back and said they have asked you to consider an offer. I said 1 per month full and final settlement, no variations unless I default. That was put to MKDP and 30 seconds later they accepted it!

              So overall I am over the moon with bells on. There is no court to worry about where I could still have lost. My health will not suffer as a result of the trial, I can get Mrs MJ to pay 1 per month by DD and that is the end of it. Perhaps some will say I should have gone to court or asked for withdrawal, I asked for the latter and they refused. My circumstances are different to many others, I am not saying I am a special case, I am saying I am different. My health is poor, I cannot work and never will work again. I saw a way out and I took it because it suited me and my family.

              My advice to others who are looking at mediation.
              1. Go through your case again and be sure you understand the legal parts which suit your needs.
              2. Formulate a plan of what you want to achieve from the mediation, don't try and make it up on the fly.
              3. Be as honest as you need to be. DO NOT LIE but do not tell them something they do not need to know. In other words don't volunteer information, only give truthful answers to their questions.
              4. DO NOT SWEAR! Just speak in a normal way to the mediator, treat them (he/she) as a friend and things will be easier.
              5. DO NOT let them dictate what happens, listen to their suggestions but if it isn't suitable, do not be afraid to say no. They are trying to keep it out of court to save their money so they want an agreement.
              6. Keep your plan (monetary aim) in mind, this is what you are aiming at. If you can get it then accept it. If you have to negotiate then do so. Please do not be stubborn and end up in a bun fight as you will achieve nothing.



              PLEASE NOTE: I am NOT an expert so when I say have a plan, I mean speak to the good people on AAD, find out your best and worst case scenarios and go from there. I wanted to avoid court, been there and it was not good. You never know how the DJ will behave and matters can quickly move out of your control. I ended up with a CO and then had to spend ages battling to ensure it would not be enforced and that's a lot of work.

              Finally, thank you to everyone on AAD who helped me. It will take me 793 years to pay off the debt so I call that A RESULT!
              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

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              • #8
                Originally posted by mauijim View Post
                I have an old Barclaycard debt which I eventually settled out of court. I didn't want to risk a session in front of a DJ so I did the online mediation and they accepted 1 per month ad infinitum without any judgement being put against me. I have been paying that for years but the debt keeps being transferred, I reckon this is probably the fifth time it has been moved to another company. Can they keep doing this? I suppose it doesn't really impact me but my sceptical nature wonders if they are trying to find a way to get me to default on the payment? The agreement was they could not come back and change the payment or seek full payment provided I kept up with my 1 payments. This is all done via the bank and the payee hasn't changed, they tell me to keep paying Robsomeone Way

                I wasn't sure where I should post this and I apologise if this is in the wrong place

                MJ
                The court document shows they substituted one Hoist financial company for another as the new claimant. I hope this will help you solve your problem
                Last edited by Diana Mayhew; 12th October 2019, 14:04. Reason: removed advertising

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