clueless24 UE Diary

[Still Waving]

Hi Everyone it's been a while. I need a little guidance and as always I appreciate your help. Default date 28-4-11 (confirmed on credit reports from Exp, Equafax & Call Credit) Last paid Sep 2010 (£1 token payment) Is it to early to tell them it's SB. Many thanks for taking the time to read.

I would be inclined to let some more time pass . RW's recent letters have not been too threatening, more like fishing to get you to acknowledge the debt again. They probably don't realise that you know about SB.

[clueless24]

Re: clueless24 UE Diary

Barclaycard

Credit Card
Commenced 2007?(now believe 2006 as statements show transactions in April 2006)
Bal £2.5k
Last paid minimum payment made 24-2-10
Arrangement. Ceased arrangement of £1pm in Oct 2010
Status default date 28-4-11
Acc owner Barclaycard. Mercers, Moorcroft, Robinson Way, Barclays, Assigned to MKRR 28/10/11 Raven 24/4/13 MKDP, Rockwell, Hoist, Rob Way

3-2-11 CCA request sent
4-2-11 Delivered
9-2-11 Received ack of request dated 8-2-11 dealing with request
18-2-11 Received formal demand for full payment from barclaycard
26-2-11 12 + 2 days up on the 23-2-11 no CCA recieved
4-3-11 Received letter from moorcroft make payment within 7 days or debt collector may call or may be passed to solicitor.
5-3-11 send account in default of CCA letter as advised
12-3-11 Received letter from Moorcroft advising account is on hold whilst they investigate with their client, will communicate their response upon receipt
13-4-11 Received CCA will e-mail Niddy for checking please
14-4-11 Niddy says UE Whoo Hoo!!! send CCA Query T&C Supplied
23-4-11 Received letter from Barclaycard in response to my letter re T&C supplied. Saying they have complied quoting section 78, 61, 82 etc, based upon this information they do not consider the account to be in dispute and will continue to pursue the debt. This they say is their final response.
28-4-11 Niddy say's ignore and update
20-6-11 Letter received today dated 20-6-11(Salford to Suffolk by post impressive same day delivery service) from Robinson Way Ltd DCA, pay up or else, we may advise our client to start court action if a court considers your failure to pay to be due to neglect, an order for payment may be made etc etc. this debt will not go away or be forgotten no matter how much I may like that to happen. Call now to pay or agree a payment plan.
20-6-11 Niddy says ignore
30-6-11 Letter received from Robinson Way Ltd NOTE...IMMEDIATE ACTION REQUIRED This is a notice about your unpaid account we have been instructed to recover, call us without delay,please tell us if you cannot pay, if you fail to pay and neglect to deal with this account we may take further action.
7-7-11 I2D advised send letter UE CCA recieved.
13-7-11 Letter from Rob Way immediate action required. You have not paid the sum you owe. Until it is paid your account will not be closed, but may stay registered as an unpaid debt in your name. We urge you to settle your account now and clear this up once and for all. Ring today etc etc.
13-7-11 I2D advised ignore
18-7-11 Letter from Rob Way. We have noted the dispute will let you know outcome. In the meantime we will stop all collection activity for this account.
19-8-11 Letter from Rob Way advising we are still awaiting a response from the client concerned, we have reminded them that this query is outstanding. We will let you know the outcome when we receive the relevent details.
24-9-11 Letter from Rob Way account returned to Original Creditor.
29-10-11 Letter from Barclay Card advising that the account has been assigned and transferred to MKDP on the 18-10-11, this means that they now own the debt, please send your payment directly to them.
9-3-12 Letter from MK Rapid Recoveries Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment. Please call us to make payment arrangements, we will continue to contact you by phone or letter until we reach an agreement so we would advise you to contact us to resolve this matter.
I2D send account sold in dispute
19-3-12 Letter from MKRR. We have referred the matter to our client for further investigation. Account on hold.
23-3-12 Letter from MKRR. You have failed to contact us to agree repayment of this debt call us immediately. Receiving incessant automated voice mails for me to contact them.
Will send Telephone harassment template and await further correspondence.
5-5-12 Letter from MKRR. Further to your recent communication with our Collections Department, please find enclosed a copy of your statements as requested. Contact us immediately to discuss repayment
I2D p373 Ignore wait and see whats next.
12-6-12 Letter from MKRR. Further to our recent communication regarding transfer of ownership of your balance, we have not received your offer of payment. We can offer an installment arrangement call us now, we will still continue to contact you by phone or letter so we would advise you to resolve this matter.
I2D send final response UE general template
25-6-12 Letter from MKRR. Regardless of our attempts to contact you by letter and phone we have not heard from you. Our team are able to help you settle this account call now.
I shall ignore for now.
28-6-12 Letter from MKDP. Further to your recent correspondence in regards to your account we have raised your concerns with barclaycard and we have received the enclosed information. As verified in the enclosed information you are liable and we will continue with our collection activities. Unfortunately we have not received a copy of the credit agreement but this will be sent to you as soon as it is received from Barclaycard. Should you remain unhappy with my response refer to the FOS.
P400 I2D see what they do next.
12-7-12 Letter from MKDP. Thank you for your letter account on hold whilst we investigate.
5-11-12 Letter from MKDP Account still on hold whilst we await paperwork from Barclays

12-1-13 Letter from MKDP. Final response enclosing statements of account and copy of signed application form. You are liable and you must pay we will continue with our collection activity. CONTACT US NOW TO AVOID etc.
13-1-13 Niddy checked paperwork and says UE ignore for now. Application form received missing PT
19-2-13 Letter from MKRR Further to our letter offering you help to clear this balance we have not received your offer of payment. Contact us immediately to avoid further action.
Send missing PT & telephone harassment
6-3-13 Letter from MKDP I write further to your request for a true copy of the credit agreement. please accept this as our final response. I enclose a copy of BC resolution letter dated 14-1-13 (first time I have seen this) BC have fulfilled their obligation under sec78 and we no longer regard your account in dispute. We will continue collection activity we are within our rights to telephone you when you refuse to enter into dialogue but can confirm that all communication will be in writing for 3 months and then reviewed. If your not happy go to the FOS
P439 Await next move
8-3-13 Letter from MKRR FINAL NOTICE. You have not taken up our offer of help, and as a legal requirement, we must now inform you that we are instructing our pre-legal department to review your account for further action. They may commence litigation against you which could increase the amount payable due to costs incurred in line with your agreement. we may get a court order, charging order or deduct money from your salary. Contact us immediately.
p502 Send Account UE template
26-3-13 Letter from MKRR FINAL DEMAND. As you have not taken up our offer of help your account is now with the pre legal department. This has left us with no option but to transfer your account to Raven Recoveries to resolve this on our behalf. This may involve applying to the courts for a CCJ, Instructing a bailiff to remove goods from your property etc etc. this is your final opportunity to avoid this happening contact us immediately to avoid this happening.
p503 I shall ignore for now and see what comes next.
31-3-13 Letter from MKDP Further to your recent letter (9-3-13 Account UE) You have had our final response on the 4-3-13 our complaints process has been exhausted no further correspondence will be entered into if you dont like it go to FOS.
p513 Wait and see what comes next and may challenge later

24-4-13 Letter from Raven Recoveries dated 19-4-13. Owing to you not having a payment arrangement with MKRR they have instructed us to collect the o/s balance from you. Full balance payable upon receipt of this letter. Failure to make contact within 7 days of this letter being issued will leave us no further options than to assess your account for alternative action to recover the balance.
p525 I shall await the next letter.
5-6-13 Letter from Raven. Despite numerous previous letters you have not paid the o/s balance. Payment should be made on receipt of this letter unless you can provide us with a reason for not being able to make full payment.
No threats as yet so will wait and see what comes next.
4-7-13 Letter from Raven Rec You leave us with no option but to pass this account to Keynes Collections for litigation consideration to resolve this on our behalf. there may be further fees and charges added.
I shall ignore for now.

27-9-13 Letter from Keynes NOTICE OF INTENDED LEGAL ACTION. You have failed to respond or agree a repayment plan we have been instructed by MKDP to collect the outstanding balance. This letter constitutes a formal demand and is made in accordance with the practice direction, your attention is drawn to para 4 of annex A concerning the Courts power to impose sanctions for failure to comply with the practice direction.
Unless full payment or a plan is made within 14 days legal action may be taken without further notice. This letter contains matters of legal significance and you should therefore take independent legal advice if you are unsure as to its contents.
Sent threat by creditor.

23-10-14 Annual statement from MKDP

1-12-14 Letter from MKRR Final Demand, you have failed to take up our offer of help your account is now being assessed with our pre-legal department, this could leave us with no other option than to apply to the courts for a CCJ which if successful will enable us to- instruct a bailiff or sheriff,obtain a charge on your property, deduct money from your salary, request your attendance at court for an examination of your financial means. This is your final chance contact us immediately.
3-12-14 Sent Threat by Creditor

19-10-15 Letter from Hoist NOA Rob Way have been appointed will be in touch.
Wait and see what comes next also posted on Important announcement thread.

30-10-15 Letter from Rob Way Acc remains O/S please arrange a repayment plan.
Ignored

19-11-15 Letter from Rob Way What are you able to pay?
Ignored

19-5-16 Letter from Rob Way your account is now due to be transferred to How Cohen who will consider court action.
Ignored.

2-6-16 Letter from How Cohen Solicitors dated 25-5-16 NOTICE OF IMPENDING LEGAL ACTION you have 10 days to make proposals on how you will pay we are instructed to issue proceedings, you will owe court fees £185.00, costs £80.00 and interest £1,143.17.

5-6-16 Sent LBA
5-7-16 Letter from RW send £1 for CCA. Ignored
27-9-16 Letter from RW offering discount. Ignored

5-4-17 Letter from RW get in touch by 12-4-17 we want to help you or we may refer to solicitor and ask them to issue a county court claim, send report to credit ref agencies, try to contact by phone. Ignored.
20-4-17 letter from RW We have ben trying to contact you we want to help you to set up a repayment plan. Ignored
6-7-17 Letter from Rob Way offering 33% discount contact us now to arrange an affordable repayment plan. Ignored

10-1-18 Letter from RW advising I need to set up a repayment plan or further action will be taken.

Hi Everyone it's been a while. I need a little guidance and as always I appreciate your help. Default date 28-4-11 (confirmed on credit reports from Exp, Equafax & Call Credit) Last paid Sep 2010 (£1 token payment) Is it to early to tell them it's SB. Many thanks for taking the time to read.

[Still Waving]

If you look at the diary entry of 8-2-12 you'll see Clueless' update which says Lowells stated that they had closed their file and would not contact the OP again unless Argos produced a copy of the credit agreement.

(That was a typo in her last post.)

Di

Thanks Di. That might have confused a stupid person.

[Joanna Connolly Solicitors]

8-12-12?? I don't see that in your diary entry above.

If you look at the diary entry of 8-2-12 you'll see Clueless' update which says Lowells stated that they had closed their file and would not contact the OP again unless Argos produced a copy of the credit agreement.

(That was a typo in her last post.)

Di

[Still Waving]

I did wonder if this could be seen as activity on the account and therefore reopen Lowells collection activity? See post of the 8-12-12 says they have closed the account. Any thoughts anyone?

It is not acknowledgement by yourself, as you didn't make the payment. Keep safe the letter that says that THEY made the credit to account. It's your proof.

8-12-12?? I don't see that in your diary entry above.

[clueless24]

Re: clueless24 UE Diary

Argos Card Services

Credit Acc
Commenced 2003
Bal £2.5k
Last paid 01-01-10
No arrangement but send £1 token monthly. Ceased payments 01/11/2010
Default
Acc owner
Argos Card Services

3-2-11 CCA request sent
15-2-11 £1 chq cashed
21-2-11 Track and Trace showing as not delivered
26-2-11 12 + 2 days up on the 23-2-11 No CCA recieved
23-8-11 CCA and covering letter recieved from Argos. Will e-mail Niddy for advise
Niddy say's no T&C so UE at the moment WHOO HOO!!!!!
28-11-11 Letter from Argos and Lowells in same envelope notice of assignment on 3/11/11 Lowells asks for the balance in full.
7-12-11 Letter from Lowells. We're here to help. We wrote to you recently to let you know we have bought the debt o/s with Argos you have not yet cleared the o/s balance or entered into a repayment plan and they have asked us to get in touch. You need to pay in full, contact us to talk about how you are going to pay it or set up a direct debit. Phone us straight away.
8-12-11 Niddy says send Account sold in dispute letter.
17-12-11 Letter from Lowells You still haven't agreed a repayment plan with us, the longer you leave getting in touch or paying the balance, the more you risk further action, we may also ask one of our agents to visit you at your home to discuss this account.
24-12-11 Letter from Lowells we have asked your original lender for a copy of your credit agreement.
24-12-11 Letter from Lowells we acknowledge your account in dispute with original lender letter and will respond within the 12 working days period. we will be in touch as soon as we have the agreement.
5-1-12 Letter from Lowells we have been in touch with Argos about a copy of your credit agreement, they have let us know they are trying to retrieve it from thier archives as soon as we have it we will send it to you. In the event we cannot obtain a copy we will write to you again and inform you of this. Once you have seen the agreement we will ask you to pay the o/s balance in full.
12-1-12 Letter from Lowells Argos are still trying to retrieve the CCA from their archives we wont write again until we have the agreement. Account on hold.
8-2-12 Letter from Lowells. After liasing with Argos in an effort to obtain this document we have been advised that this is no longer available due to the length of time since the account was opened. We have closed our file and will not contact you again unless the copy of the agreement is recieved at some point in the future from Argos.
21-6-12 Letter from Lowells. We wrote recently telling you that we had bought this debt and you have not any payments to clear this balance. Contact us now to pay.
P390 Send copy of previous letter confirming no CCA and template letter
25-6-12 Annual statement received from Lowells
2-8-12 Letter from Lowells You have not responded to our previous correspondence pay up or may take further action.
p418 Send copy of previous letter confirming no CCA and template letter.
9-8-12 Letter from Lowells unless we receive full payment within the next 5 days or payment proposals we will instruct our solicitors to begin legal actions.
p419 Send threat by creditor to commence action.
16-8-12 Letter from Red We specialise in assessing accounts for litigation and will be obtaining a copy of your credit file in order to review your financial circumstances. If you do not pay you could risk legal action a CCJ or Bankruptcy, pay in full or arrange a repayment plan.
p424 I shall ignore for now.
13-9-12 Letter from Lowell Account on hold whilst we investigate your complaint.
6-7-17 Letter from Argos We recently reviewed the way in which we added charges to your account, as we sold the account to Lowell we have sent them the credit of £18.78.

I did wonder if this could be seen as activity on the account and therefore reopen Lowells collection activity? See post of the 8-12-12 says they have closed the account. Any thoughts anyone?

[Never-In-Doubt]

Re: clueless24 UE Diary

If the documentation provided in the s.78 CCA request by Barclaycard was not compliant then there is little point in making a new CCA request to Robinson Way/Hoist Portfolio.

I would suggest you perhaps send this to Howard Cohen Solicitors - New LBA Response - 2016 Alter the date in the letter and add your name and address, and obtain a certificate of posting.

Cheers Gerry.

To clarify - in case people wonder why the other day I suggested the opposite to a different member -> http://forums.all-about-debt.co.uk/s...l=1#post565724

The reason is that our suggestions are (wherever possible) case specific. In this case the LBA was suggested by Gerry because of the claimant, the particular solicitors, length of time since original documentation provided and the general confusion.

To clarify ive since asked the other member to send the LBA response.

Even though the claim will probably still be issued - to strengthen the defence at an early stage - we've suggested this course of response (with a certificate of posting).

If you're unsure just ask away and we'll explain as best we can.

[Deepie]

Re: clueless24 UE Diary

That's what I'd send too ..if it were me

[BuzzyBee]

Re: clueless24 UE Diary

Thank you to everyone who has taken the time to respond to my posts I am most grateful.
I have popped home to go through my paperwork just to be clear on things myself.
So I have been sent copies of statements where it clearly shows transactions dating back to April 2006.
On the 12-1-13 I was sent another set of statements with a copy of an application form signed on the 26-07-2002 I sent this to Niddy for checking, sorry I don't know how to link but all the details are in my diary which is up to date I'm pleased to say.
I really do think there is a lot of confusion on their part as I closed one account in 2005 and cleared the balance, then opened another account early 2006 I think the information they have sent me relates to the first account.
I am still unclear if I should respond with anything.

So this new account was from 2006, not 2007. That's good news because it could still fall under s.127(3) of the CCA if the document you signed at the time did not contain all the required terms. Barclays lost a great deal of data at some point, including CCAs but I think this was happened earlier than 2006.

The suggestion made by Gerry on post #629 above still applies regardless of the specifics of your account.

[JLC]

Re: clueless24 UE Diary

Barclaycard have got confused with mine as well.

[clueless24]

Re: clueless24 UE Diary

Thank you to everyone who has taken the time to respond to my posts I am most grateful.
I have popped home to go through my paperwork just to be clear on things myself.
So I have been sent copies of statements where it clearly shows transactions dating back to April 2006.
On the 12-1-13 I was sent another set of statements with a copy of an application form signed on the 26-07-2002 I sent this to Niddy for checking, sorry I don't know how to link but all the details are in my diary which is up to date I'm pleased to say.
I really do think there is a lot of confusion on their part as I closed one account in 2005 and cleared the balance, then opened another account early 2006 I think the information they have sent me relates to the first account.
I am still unclear if I should respond with anything.

[Never-In-Doubt]

Re: clueless24 UE Diary

Recieved letter from Barclaycard today enclosing a CCA. The odd thing about this is I had a credit card pre 2005 which was cleared and closed in April 2005 following the sale of my house. However I then applied for a new account in 2007 by which time I had moved 3 times, the first page of the CCA has my address from 2005 hope that makes sense and possibly a difference in the scale of things. Please can you advise if the CCA is enforcable and what my next step should be thank you as always.

^^^^ That's your post from 2011 when they wrote to you with the CCA.

The CCA is in the secure uploads area - here's the link but only you & I can see the uploads -> http://forums.all-about-debt.co.uk/s...4-Barclays-CCA

Looking at it, I've said its UE because it's literally a standard printout of random terms. There's no CCA and nothing identifying you or the start date of the agreement. So, now it's been emphasised that it commenced in 2007 it's worth noting that it may not be UE after all - well, if it's pre 06/04/2007 then you're fine - it stands as UE. If however it commenced post 06/04/07 then it's enforceable sadly.

The docs uploaded give no clue as to commencement / execution date sadly so it's possible I was never aware it was 2007 - as said the CCA doesn't say and you don't really know for sure do you....?

I'd not overly worry now. We'll help get the best outcome if a claim is issued and it was indeed post 04/07.

** The first page of the CCA is an envelope cover sheet so postman can't read content. It's irrelevant to the CCA as its an addition they put in front when they respond to a s.78 request. Basically ignore that page as far as the CCA goes but interestingly; they didn't use it properly otherwise you'd not have got the CCA so somethings amiss however you look at it - lol - they're using an address which technically was never provided with the new account in 2007.

[Gerry Jemitus]

Re: clueless24 UE Diary

If the documentation provided in the s.78 CCA request by Barclaycard was not compliant then there is little point in making a new CCA request to Robinson Way/Hoist Portfolio.

I would suggest you perhaps send this to Howard Cohen Solicitors - New LBA Response - 2016 Alter the date in the letter and add your name and address, and obtain a certificate of posting.

[Still Waving]

Re: clueless24 UE Diary

Have received this today can someone steer me in the right direction please? I have been somewhat distracted of late as my youngest grandson is seriously ill in hospital and all my time has been taken up with looking after my family.
I am a little worried about the time scales to reply as this will date 8 from the day of the letter. Any help as always is much appreciated.

Hi

I see that early on you said -

14-4-11 Niddy says UE Whoo Hoo!!! send CCA Query T&C Supplied.
and also
13-1-13 Niddy checked paperwork and says UE ignore for now. Application form received missing PT.

Did they ever subsequently remedy that? If not, the team will probably have ready advice for you.

[clueless24]

Re: clueless24 UE Diary

Thank you to all who replied and for your kind words. I am away from home so unable to look at paperwork to check exact date but will do that as soon as I can.
Always been Barclaycard of that I am sure and Niddy has said UE to everything they have supplied.
I am just really concerned about time frames for response.
This is the smallest of my debts but the most hotly persuade.