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  • DaveyBoy
    replied
    Originally posted by Diana Mayhew View Post

    What was the date of your last payment to Barclaycard via your DMP? In June you said it was "nearly 5 and a half years" ago so you may be getting really close to Statute Barred which is where tactics kick in.

    Hoist may have the date on their system but there's no knowing if it's flagged up to Robinson Way until you draw attention to yourself and they go looking.

    When you send a SWID letter don't mention Egg. Again they may not know it originated as an Egg card before Barclaycard bought it.

    Don't give them any clues about anything at this delicate stage.

    Di
    Hiya last payment was via a dmp in March 2012 so a few months of SB yet. The rob way letter mentions Barclaycard and states what you need to do and what you can expect from us. It states if I don't get in touch we will advise you of further activity which could typically include referring your account to our clients solicitors.
    I've already missed the deadline to reply as I was away so am expecting a follow up letter pretty soon. Would you suggest I hang fire and wait to see what comes next before sending the swid to them?

    Cheers

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  • DNW
    replied
    Di are you saying that he should send SWID now or to wait until they chase a bit harder? Asking out of interest as I'm in exactly the same position with two accounts that Rob Way have recently taken over on behalf of Hoist that I'm hoping to drag out a little longer.

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  • Joanna Connolly Solicitors
    replied
    Originally posted by DaveyBoy View Post
    rob way have now contacted me (see post 218 above)......how nice....
    Can somebody please confirm for the sold in dispute letter do I quote the 'original creditor' as the organisation I took the debt on with so in this case egg, or do I quote Barclaycard as they are the previous owner of the debt who have just sold it on to hoist portfolio (robway are acting on behalf of)

    ​​​​​Cheers
    What was the date of your last payment to Barclaycard via your DMP? In June you said it was "nearly 5 and a half years" ago so you may be getting really close to Statute Barred which is where tactics kick in.

    Hoist may have the date on their system but there's no knowing if it's flagged up to Robinson Way until you draw attention to yourself and they go looking.

    When you send a SWID letter don't mention Egg. Again they may not know it originated as an Egg card before Barclaycard bought it.

    Don't give them any clues about anything at this delicate stage.

    Di

    Leave a comment:


  • Roger
    replied
    Originally posted by DaveyBoy View Post
    Ok, just got back from a few days by the sea and rob way have now contacted me (see post 218 above)......how nice....
    Can somebody please confirm for the sold in dispute letter do I quote the 'original creditor' as the organisation I took the debt on with so in this case egg, or do I quote Barclaycard as they are the previous owner of the debt who have just sold it on to hoist portfolio (robway are acting on behalf of)

    ​​​​​Cheers
    Unless they are threatening I would drag the time out before sending the SWID.

    Leave a comment:


  • DaveyBoy
    replied
    Ok, just got back from a few days by the sea and rob way have now contacted me (see post 218 above)......how nice....
    Can somebody please confirm for the sold in dispute letter do I quote the 'original creditor' as the organisation I took the debt on with so in this case egg, or do I quote Barclaycard as they are the previous owner of the debt who have just sold it on to hoist portfolio (robway are acting on behalf of)

    ​​​​​Cheers

    Leave a comment:


  • DNW
    replied
    We've just had the same letter from Barclaycard about 2 accounts - and funny enough, I recognised the envelope that our postie had in his hand for a neighbour lol.

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  • mjr001
    replied
    I have just had exactly the same from Barclays. Transferred to Rob way. Here we go again

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  • DaveyBoy
    replied
    Hiya, we moved 2 years ago and I do have a redirection in place but do wonder if letters slip through the net and end up at the old house. I've not informed any of my creditors of the move but there is new accounts now that they would see on my credit file with the new address
    cheers

    Leave a comment:


  • cymruambyth
    replied
    You can always expect a flurry of activity as the 6 years SB looms closer. How long since you moved? Do you have data registered to your new address that they can trace you through? You can pay for redirection for up to 4 years......

    I have not notified creditors of my new address; I may have sent letters using the address that they are communicating with and I may be ignoring the DCA that did a CRA check and is sending lots of letters to my new address and have somehow found my new phone number.

    Leave a comment:


  • DaveyBoy
    replied
    Originally posted by DaveyBoy View Post
    Re: DaveyBoys UE enquiry

    Egg

    Credit Card
    Commenced March 2006
    Balance outstanding £3,000
    Last Full Payment Oct 2006 i think
    Been on DMP since Jan 2007
    Default Jan 2007
    Owner Now Barclaycard

    Feb 2012 - CCA Request Sent
    12+2 days passes then
    Feb 2012 - Letter from Barclaycard 'we acknowledge receipt of your request, we are dealing with and will respond as soon as possible'
    Mar 2012 - Stopped paying DMP
    Apr 2012 - CCA Recieved
    Emailed Niddy
    Apr 2012 - Niddy says 'All this is is a recon, holds no substance and is all the way'
    Sept 2012 - Letter recieved today from Barclaycard
    Formal Demand for Payment
    As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding amount shown is now due in full. Please note we will no longer send monthly statements to you (Never had a statement of Barclaycard yet).
    Credit Reference Agencies
    This formal demand is a legal doc. We are notifying you of our intention to file a default at the credit reference agencies (That happened 5 years ago!). We always let credit agencies know when a customer has failed to meet the terms of the Formal Demand for payment and the payment has not been made. This may affect your ability to get credit from other lenders.
    If you do not make a payment or reach agreement with us by 9th Sept we may pass your account to a specialist collection company in your area and a local representative may call at your address to arrange repayment of this debt. We may transfer money that you have in barclays current savings or other accounts to reduce or pay off the amount owed. Your t&c clearly state we can do this if we need to.
    To stop further action you must call asap.........IGNORED
    Sept 2012 - Letter recieved from Barclaycard stating account been passed to Credit Solutions Ltd to manage collection........IGNORED
    Oct 2012 - Letter recieved from power2contact. We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT........Replied with threat of doorstep visit template
    Oct 2012 - Letter recieved from Credit Solutions Limited in response to my doorstep visit. Says 'Internal investigation has taken place into this matter' goes on to say 'As per request contact number has been removed and all future correspondence will be via writing'. Also states 'Doorstep visits are simply another option available to assist customers in paying debts' and 'OFT guidelines state doorstep visits must give adequate notice of time and date of visit' and 'The Armstrong v Sheppard (1959) case you quoted is dependant on individual circumstance and only such order to refuse access can come from a Court and not from the individual'........FILED
    Oct 2012 - Letter recieved from Credit Solutions - Opportunity to save £££'s......IGNORED
    Oct 2012 - Another letter recieved from Credit Solutions NOTICE OF LEGAL PROCEEDINGS. The above debt remains outstanding. Failure to pay this debt or contact us within 7 days may result in legal proceedings being issued against you..............REPLIED WITH THREAT-O-GRAM BEFORE ACTION
    Nov 2012 - Letter from Power2Contact - FORMAL NOTICE OF INTENDED VISIT................REPLIED WITH Harassment Follow-Up & Threat of Injunctive Relief (Modified 1st Paragraph as I've not had a visit thus far)
    Nov 2012 - Letter recieved today from Credit Solutions in reply to my harassment follow up letter. They can confirm that they stand by their previous response and are unable to guarantee that a doorstep visit will not take place...........Will see what follows
    April 2013 -Letter from Moorcroft Debt Recovery Limited. They have been instructed by Barclaycard to collect my overdue debt........Replied with account sold in dispute letter
    April 2013 - Moorcroft reply to my account sold in dispute with a letter thanking me for my CCA request and asking for £1 so it can be processed.......Replied informing them I hadn't requested a CCA as per ScabHunters post #162
    April 2013 - Letter from Moorcroft stating they are communicating with Barclaycard regarding my query and during these communications follow up action will be suspended........Filed
    May 2013 - Letter from Moorcroft 'Further to your recent communication we have been in touch with Barclaycard who have advised the CCA request was completed and sent to me on xxApril2013.......Replied with modified Missing Prescribed Terms
    June 2013 - Letter from Moorcroft 'Our client believes the documents sent do meet the requirements under section 78 of the Consumer Credit Act blah blah blah'................ignored.
    June 2013 - Letter from Moorcroft 'To prevent further debt recovery please send payment in full or contact us immediately. Contact us now, in certain circumstances we may also be able to offer a substantial discount from the outstanding balance'.......ignored
    July 2013 - Letter from Moorcroft offering a payment schedule over 2 years to clear balance........ignored
    July 2013 - Letter from Midas Credit Services. We are part of Moorcroft Group and are aware you have failed to reach a repayment programme with Moorcroft Debt Recovery. We are now reviewing the account prior to the possible recommending of further debt recovery action to our clients.......ignored
    July 2013 - Letter from Moorcroft Home Collections Division. Your account has been passed to Home Collections Division for action. This may involve our local representative calling at your home address in the near future to try to assist you and seek to establish how you propose to settle the balance outstanding. However in a further attempt to come to an arrangement and to prevent further debt recovery action our client has told us that we are able to offer you a substantial discount on your outstanding balance. If no satisfactory agreement is made we will have no alternative but to recommend our client consider further recovery action...........replied with threat of doorstep visit
    Sept 2013 - Letter from Moorcroft. Thanks for your communication, accounted updated to reflect this request and no telephone or home visits will occur whilst communication is maintained. If communication ceases it may be necessary to revert to an alternative option of contact. To assist you at this stage the account is now on hold for 30 days to allow you an opportunity to confirm how you wish to proceed with this account
    Sept 2013 - Letter from Barclaycard. Account passed to Robinson Way. Please contact them..........Will wait for Robinson Way to write
    Sept 2013 - Letter from Robinson Way. Pay up or agree a repayment plan. If you fail to pay and neglect to deal with this your ability to obtain credit may be affected and our local doorstep collection agent may be asked to visit you to agree a payment plan.............Replied with account sold in dispute
    Oct 2013 - Letter from Robinson Way - We have noted your dispute / query. Account on hold whilst we make necessary enquiries.....filed
    Nov 2013 - Letter from Robinson Way - Further to your recent query, Barclaycard advises the relevant documentation was sent to you June 2013. Please send a payment proposal within 14 days.........replied with creditor refusal to accept UE
    Dec 2013 - Letter today from RobWay - We refer to your correspondence in which you claim this account is not enforceable. We are satisfied that the docs provided are sufficient to demonstrate liability and will not enter into repetitive correspondence. Your data will be continued to be processed in line with the principles of the Data Protection Act and the account will continue to be reported to credit reference agencies, where appropriate. If you neglect to make payment to us further action may be taken against you. We require payment proposals within 14 days......filed
    Jan 2014 - Letter from RobWay - account may be sent to a doorstep collector in the next 10 days.......replied with threat of doorstep visit
    Jan 2014 - 2Letters of Rob Way - phone number removed from my account and noted my request that I do not wish for a field agent to call. Now require an offer of payment within 14 days
    Blimey it's been a long time since I visited. Nearly 5 and a half years since I stopped paying my dump and explored unenforceability. Out of the blue today get a letter from Barclaycard saying they've transferred my account to hoist portfolio and Robinson way will act on there behalf to collect amounts owing. I'll send them a sold whilst in dispute once they contact me (sure this us the correct response?!) but my question really is what address to use as the letter went to my old house but came to me as I have a mail redirection. Do I reply as if in the old house or use the new address on my reply. Hope all is good and the forum seems to be as good as ever after its makeover. Cheers all

    Leave a comment:


  • mjr001
    replied
    Re: DaveyBoys UE enquiry

    Just had exactly the same happen to me. New dca. Wasn't Cabot was it

    Leave a comment:


  • cymruambyth
    replied
    Re: DaveyBoys UE enquiry

    If the account is in dispute, send the sold whilst in dispute letter.

    Leave a comment:


  • DaveyBoy
    replied
    Re: DaveyBoys UE enquiry

    Hi to all. Long time no posting but after a bit of advice. Basically one of my UE debts has been sold on, the new owner of the debt has written to me introducing themselves and now a second letter has come offering ways to repay. Do I send these a fresh cca request or do I send a sold whilst in dispute?
    Any help as always gratefully received.
    Cheers
    Last edited by DaveyBoy; 13 September 2015, 11:59.

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  • IF
    replied
    Re: DaveyBoys UE enquiry

    Thank you DaveyBoy for the update, it is nice to know how our members are and how AAD helped improve your lives for the better

    Leave a comment:


  • nanna58
    replied
    Re: DaveyBoys UE enquiry

    That's great so glad you feel on the up you know where we are if you need us xx

    Leave a comment:

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