GDPR Cookie Consent by SimpleServe Privacy Script JASSASBLUE - UE Diary - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

JASSASBLUE - UE Diary

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

  • Originally posted by jassasblue View Post
    Re: JASSASBLUE - UE Diary

    Account Owner Barclaycard (formerly Skycard)
    • Type of account Credit Card
    • Date commenced 14/12/2005
    • Approx balance £4459.67
    • Date last paid DMP 25/12/2013
    • Are you on arrangement or not paying DMP
    • Status Arrangement on Credit File UPDATE Barclaycard agreed to remove entry as should have been defaulted in 2008
    NOW SB - December 2019

    Letter Sent
    Letter Received

    03/01/14 CCA Letter Sent

    11/01/14 Letter from Barclaycard, dealing with CCA request
    15/01/14 Barclaycard letter received, they are unable to provide a copy of the terms of my credit agreement. Account suspended immediately and they accept account unenforceable.
    15/01/14
    Email to Niddy to confirm.

    Niddy's reply:


    that's also

    send this back -> http://www.all-about-debt.co.uk/old/...escribed-terms

    16/01/14 PT Letter sent
    28/01/14 Reply to Missing PT's. We are unable to provide all the documentation and information required by section 78 of the Consumer Credit Act 1974. You can however request a SAR for £10. We accept that we are prevented from enforcing our agreement while this state of affairs continues yada yada yada We would however like you to pay in accordance with your statements. We may issue a default notice and instruct a third party to demand payment.


    This letter is very safe in my clutches, payment? Hahaha bye bye Barclaycard - letter filed and ignored!

    13/02/14 Letter and statement from Barclaycard, my payment plan cancelled, now in arrears, interest and charges to be resumed - ignored.
    20/06/14 Default notice received from Mercers
    11/07/14 Letter from Barclaycard asking me to call and pay as account overdue -
    ignored
    2 Letters in the same envelope. 1 from Barclaycard, both accounts assigned and transferred to Hoist Finance UK Holdings 3 Ltd, they appointed Robinson Way Ltd to act on their behalf. Balance outstanding for both cards £5264.85 requesting I contact with payment arrangement.

    These are now statute barred in December 19, (clever Barclaycard!!) shall I just send the SB letter? These dropped off my credit file (defaults), I hope they don't reappear. Barclaycard couldn't comply with my CCA request.

    Help please?

    Thank you - Julie

    Comment


    • Originally posted by jassasblue View Post
      both accounts assigned and transferred to Hoist Finance UK Holdings 3 Ltd, they appointed Robinson Way Ltd to act on their behalf. Balance outstanding for both cards £5264.85 requesting I contact with payment arrangement.

      These are now statute barred in December 19, (clever Barclaycard!!) shall I just send the SB letter? These dropped off my credit file (defaults), I hope they don't reappear. Barclaycard couldn't comply with my CCA request.

      Looking at the history of the Barclaycard you've quoted:

      (a) the credit agreement has been deemed unenforceable by Niddy

      (b) the DN was issued by Mercers so has the potential to be defective since they were not the creditor, and also a non trading company at the time

      (c) you say the debt is Statute Barred

      (d) you have a letter from Barclaycard (28/01/2014) admitting they can't comply with your s77-79 CCA Request


      So that's four reasons not to react to the Notice of Assignment.

      Wait until Hoist write to you again just in case that December 2019 prediction for being SB is not accurate.

      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


      • Originally posted by Diana Mayhew View Post


        Looking at the history of the Barclaycard you've quoted:

        (a) the credit agreement has been deemed unenforceable by Niddy - Yes this is correct

        (b) the DN was issued by Mercers so has the potential to be defective since they were not the creditor, and also a non trading company at the time - Barclaycard agreed to remove the default after a FCA complaint, they agreed I had been penalised with the default date of 2014, when I entered Stepchange in Dec 2013.

        (c) you say the debt is Statute Barred - Yes, I've checked the paperwork from Stepchange, last payment made 15/12/13

        (d) you have a letter from Barclaycard (28/01/2014) admitting they can't comply with your s77-79 CCA Request - Yes I do


        So that's four reasons not to react to the Notice of Assignment.

        Wait until Hoist write to you again just in case that December 2019 prediction for being SB is not accurate.

        Di
        I've replied to the 4 points above, another letter received from Robinson Way today, asking me to register online for their portal and I must call to set up an immediate payment plan.

        Should I just ignore until they step up the pace? This is definitely SB, Stepchange paperwork shows last payment 15/12/13.
        Last edited by jassasblue; 24th January 2020, 12:02.

        Comment


        • Originally posted by jassasblue View Post
          another letter received from Robinson Way today, asking me to register online for their portal and I must call to set up an immediate payment plan.

          Should I just ignore until they step up the pace? This is definitely SB, Stepchange paperwork shows last payment 15/12/13.
          You’ll probably receive a few more template letters from Robinson Way, but post on your thread if they threaten legal proceedings.

          If you believe the debt became Statute Barred only last month (based on your last payment) it might be best to leave it a little longer before telling Robinson Way just to be on the safe side.

          When did you make your complaint to the FCA (or did you mean FOS?) about the Default date, since it’s possible that the complaint process acknowledged the debt for Statute Barred purposes?

          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


          • Just reading your last post and you say Barclaycard agreed the default date of 2014 disadvantaged you. To add to Di's caveat of a complaint possibly being seen as an acknowledgement, it could be that RW have in their file a DN date which they may see as the cause of action for limitations. Therefore, I would play dumb and not respond, it isn't as if you don't have enough ammo to defeat a claim but sometimes (and I think this is the case here) less is more. Sit on your hands - a phrase I have to repeat to myself many a time.

            Comment


            • Originally posted by Diana Mayhew View Post

              You’ll probably receive a few more template letters from Robinson Way, but post on your thread if they threaten legal proceedings.

              If you believe the debt became Statute Barred only last month (based on your last payment) it might be best to leave it a little longer before telling Robinson Way just to be on the safe side.

              When did you make your complaint to the FCA (or did you mean FOS?) about the Default date, since it’s possible that the complaint process acknowledged the debt for Statute Barred purposes?

              Di
              My apologies, the complaint was to Barclaycard, I have a letter from them dated 13/11/15, with regard to incorrect reporting on my credit file, they uphold my complaint and as a result have removed the default (the account actually defaulted at the start of my Stepchange plan in 2007).

              The same letter also states they've looked into the compliance of my request for the CCA, they are unable to support this part of my complaint as they replied previously 28/01/14 stating they are unable to provide a copy of the terms of my credit agreement and therefore they are prevented from enforcing this debt.

              Does my complaint about incorrect reporting change the SB date? I sent the missing PT letter and also complained about the incorrect reporting on my file.

              I haven't received letters for a long time, I have no idea why but my stress levels are through the roof over this, I thought I could finally celebrate passing the 6 year mark.

              Thanks for all of your replies - Julie

              Comment


              • And breath in, hold, breath out, think calm thoughts,

                Hoist/ RW have a few of my accounts, they are also. like yours, SB. plus I have the UE letters from Hoist.

                I have not informed them of this as I am Billy no mates and would miss their attempts at getting me to " log on to their Guru guide to money management"
                along with their "first come" discount offer, or, £10 back when you set up a repayment plan on line,
                I think I have had all the template letters they had, so await to see what "New " and "tempting " offer they try next,

                As for SB try holding out for as long as possable passed the "sell by date" and don't stress, you have us in your corner.

                Enjoy your weekend NW x
                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


                • Originally posted by nightwatch View Post
                  And breath in, hold, breath out, think calm thoughts,

                  Hoist/ RW have a few of my accounts, they are also. like yours, SB. plus I have the UE letters from Hoist.

                  I have not informed them of this as I am Billy no mates and would miss their attempts at getting me to " log on to their Guru guide to money management"
                  along with their "first come" discount offer, or, £10 back when you set up a repayment plan on line,
                  I think I have had all the template letters they had, so await to see what "New " and "tempting " offer they try next,

                  As for SB try holding out for as long as possable passed the "sell by date" and don't stress, you have us in your corner.

                  Enjoy your weekend NW x
                  Nightwatch, thank you for your kind words, I'm trying to sort out my credit file along with my mortgage and I guess I've just had one of those weeks, when worry takes over. have a lovely weekend too, and I will be forever grateful to this forum and group for the advice, don't know what I'd do without you all xx

                  Comment


                  • We all have those weeks I know I certainly do. Yes it is possible those letters could change the SB date but only if RW and Houst? Know about them. I remember one account where I had written some pretty colourful letters clearly acknowledging the debt. However, the debt was sold on, I received lots of phone calls and discount offers and is now well and truly dead. Another 15k Cabot won’t get along with 4 k on tbs cards and some others. Oh how my hear bleeds

                    Chin up, we are here

                    Comment


                    • Originally posted by jassasblue View Post
                      I guess I've just had one of those weeks, when worry takes over. have a lovely weekend too, and I will be forever grateful to this forum and group for the advice, don't know what I'd do without you all xx

                      You'd probably worry a lot more

                      Post up whenever you have a wobble.

                      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

                      Working...
                      X