My Journey with DMP's CCA's and PPI's

[The Tech Clerk]

sad is it not

[JLC]

Re: My Journey with DMP's CCA's and PPI's

Barclaycard

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) 2006
• Approx balance £3268.75 (I have paid £2440.78)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying - not paid since Jan 16
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Barclaycard

I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

10/2/16 - CCA request posted.

29/3/16 - CCA received, sent to Niddy to look at.

Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

11/5/16 - default notice received from barclaycard dated 5 May 2016.

23/5/16 - statement received from barclaycard. £42.04 interest added.

8/6/16 - letter received from barclaycard dated 2/6/16.

A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

10/10/16 - letter received from Robinson way.

it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

options we have to consider are

* whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
* further collection activity, letters and calls

We would prefer to agree an affordable arrangement and it's not too late for this.

alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

please contact us .................blah

4/11/16 - letter received from Robinson Way dated 31/10/16

Pre-Legal Assessment
your account remains unpaid despite previous attempts to contact you.
we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

what this means for you

*Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
*If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

its not too late to agree and affordable payment plan:

*if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

*if you prefer you can deal with your account online ......blah

24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/12/16 to contact them.

14/12/16 - notice of Pending Legal Action received from Howard Cohen & Co Solicitors threatening court action.

14/12/16 - SWID sent to Robinson Way and LBA sent to Howard Cohen.

30/12/16 - letter from Robinson Way noting my complaint/dispute. Collection activities ceased until its investigated.

22/8/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter)

6/10/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter same as above). This letter also states that they will write to me again in five weeks.

8/11/17 - letter from Robinson Way informing me that they are still waiting for a response from Barclaycard

4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume.

July 2018 - letter received from Robinson Way asking me to contact them to arrange a payment plan.

july 2018 - letter received from Robinson way asking me why I haven’t contacted them and that a 50% settlement is available.

August 2018 - letter from Robinson way offering a 19% discount

Robinson way must be getting desperate now! Three letters within a month!

[Joanna Connolly Solicitors]

Re: My Journey with DMP's CCA's and PPI's

Barclaycard

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) 2006
• Approx balance £3268.75 (I have paid £2440.78)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying - not paid since Jan 16
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Barclaycard

I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

10/2/16 - CCA request posted.

29/3/16 - CCA received, sent to Niddy to look at.

Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

11/5/16 - default notice received from barclaycard dated 5 May 2016.

23/5/16 - statement received from barclaycard. £42.04 interest added.

8/6/16 - letter received from barclaycard dated 2/6/16.

A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

10/10/16 - letter received from Robinson way.

it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

options we have to consider are

* whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
* further collection activity, letters and calls

We would prefer to agree an affordable arrangement and it's not too late for this.

alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

please contact us .................blah

4/11/16 - letter received from Robinson Way dated 31/10/16

Pre-Legal Assessment
your account remains unpaid despite previous attempts to contact you.
we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

what this means for you

*Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
*If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

its not too late to agree and affordable payment plan:

*if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

*if you prefer you can deal with your account online ......blah

24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/12/16 to contact them.

14/12/16 - notice of Pending Legal Action received from Howard Cohen & Co Solicitors threatening court action.

14/12/16 - SWID sent to Robinson Way and LBA sent to Howard Cohen.

30/12/16 - letter from Robinson Way noting my complaint/dispute. Collection activities ceased until its investigated.

22/8/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter)

6/10/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter same as above). This letter also states that they will write to me again in five weeks.

8/11/17 - letter from Robinson Way informing me that they are still waiting for a response from Barclaycard

4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume.

July 2018 - letter received from Robinson Way asking me to contact them to arrange a payment plan.

july 2018 - letter received from Robinson way asking me why I haven’t contacted them and that a 50% settlement is available.

August 2018 - letter from Robinson way offering a 19% discount

Can you clarify a couple of things in the history for me.

You sent a credit agreement to Niddy to check in March 2016 but I can't see whether he said it was enforceable or unenforceable. What was the verdict?

Or have I overlooked something in your post?

I can also see that you had a letter from Robinson Way (DCA for Hoist) in December 2017 referring to a reconstituted credit agreement so did they send you a different document from the one Barclaycard sent to you?

Di

[JLC]

Hi Di, didn’t hear back about the stuff I emailed to niddy, but it was the completely wrong paperwork as they sent an application for a Morgan Stanley card, so didn’t worry niddy too much about it. I spoke to you at the time and you pretty much told me not to worry about it. Robinson Way haven’t sent a reconstituted agreement - just a letter saying they might. Nothing received from them, so at the moment, it’s unenforceable so not worried about it. I have an SAR from barcaycard, but cant remember seeing anything about this card in there.

[Warwick65]

Just a question which may have been asked before

Are you sure the card has always been a Barclaycard?

I ask because my ex had a goldfish card that was owned by Morgan Stanley which later became a Barclaycard and I had a morgan stanley card that became a goldfish at some point.

[JLC]

It’s not always been a barclaycard. It could have started off as a goldfish or a Morgan Stanley card. I know had one of each card so this one is a bit of a mystery. I do have all the paperwork from my DMP so can look it up if needs be, but I’m certain there was nothing relating to it in my SAR from barclaycard.

[JLC]

Re: My Journey with DMP's CCA's and PPI's

Paypal

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) Nov 06
• Approx balance £1691.61 (I have paid £1333.07)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying DMP was with fee paying now with stepchange
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Arrow Global

CCA'd them on 1st Feb, nothing yet.
13/2/16 - letter from Arrow global:
Arrow global led acount xxxxxxx
ASSIGNED BY Santander (account number xxxx)

We thank you for your letter dated 12/2/16 received on 12/2/16 (my letter was dated 31st January, posted on 1st Feb) and acknowledge your request for documentation persuant to the consumer credit act 1974.

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

we confirm that all collection activity will be suspended pending provision of the documents.

we return the payment of £1.00

24/5/16 - letter from Arrow Global received dated 23/5/16

in response to a request for a statement under section 78 of the Consumer Credit Act 1974, we enclose:

1. A copy of the agreement
2. A copy of the originators statements;

We confirm:
A. The account in in default;
B. The total sum outstanding is £1691.61; and
C. The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against your client;

The account is currently being operated on our behalf by NCO Europe Limited. We will deal with this document request only and all other enquirers should be directed to them, contact details as below:

telephone 03300 601 082, new city house, 57-63 Ringway, Preston, PR1 1HJ

27/5/16 - Letter received from NCO Europe Ltd dated 26 May 2016

We are writing to you regarding your recent request for a copy of your original consumer credit agreement. Please note that we have received a response from Arrow Global that this has now been sent to your address as listed above. As per a telephone conversation today help with one of our associates we have now also inactivated any contact numbers from our system as requested. In order for us to place you account back into a formal arrangement we require you to complete a new income and expenditure form, including the balances and the payments you are making to all of your creditors. This is to ensure your payments are affordable and sustainable. For your convenience we have enclosed a blank form and kindly ask you to complete and return at your earliest convenience. We will place your account on hold for 30 days awaiting this and once received we will be able to place your account into a suitable arangement. We are here to help, so should you have any further questions or queries please do not hesitate to contact ourselves on .... blah blah.

August 2018 - letter received from Arrow global informing me that they have failed to send me statements each year and attached a copy of up to date statement.

Haven’t heard from this one for two years and today I received a letter with up to date statements. Nothing threatening so will ignore for now and see what happens next. I’ll have to look back on the correspondence to see what they sent me in May 2016.

[Joanna Connolly Solicitors]

Haven’t heard from this one for two years and today I received a letter with up to date statements.

Is that statement from Arrow a Notice of Sums in Arrears (s86) ?

Di

[JLC]

Is that statement from Arrow a Notice of Sums in Arrears (s86) ?

Di

No Di, it was a letter apologising for not sending a statement each year and that they were looking to rectify this and that this was an up to date statement outlining payments received and what the balance is now and that it is still due. Nothing threatening.

[Joanna Connolly Solicitors]

No Di, it was a letter apologising for not sending a statement each year and that they were looking to rectify this and that this was an up to date statement outlining payments received and what the balance is now and that it is still due.

They may have been apologising for the lack of annual statements, but maybe they really were attempting to remedy the situation where failure to to comply with s 86D CCA makes the debt unenforceable unless or until they do.

This account was defaulted in 2011 so have you received annual statements since then? (Was this originally a Santander account?)

Link > https://www.legislation.gov.uk/ukpga...d-default-sums

Also is the account owned by Arrow Global Ltd or Arrow Global (Guernsey) Ltd. There's a difference

Di

[JLC]

They may have been apologising for the lack of annual statements, but maybe they really were attempting to remedy the situation where failure to to comply with s 86D CCA makes the debt unenforceable unless or until they do.

This account was defaulted in 2011 so have you received annual statements since then? (Was this originally a Santander account?)

Link > https://www.legislation.gov.uk/ukpga...d-default-sums

Also is the account owned by Arrow Global Ltd or Arrow Global (Guernsey) Ltd. There's a difference

Di

its Arrow Global Ltd. This was a PayPal credit card owned by Santander cards limited. The statements cover from May 2013-June 2018.

[JLC]

Re: My Journey with DMP's CCA's and PPI's

Barclaycard

• Type of account Credit Card
• Date commenced (ideally before Apr 2007) 2006
• Approx balance £3268.75 (I have paid £2440.78)
• Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
• Are you on arrangement or not paying - not paid since Jan 16
• Status (default/in arrears/up-to-date) in default since 2011
• Account owner (who is writing to you, a DCA or the lender) Barclaycard

I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

10/2/16 - CCA request posted.

29/3/16 - CCA received, sent to Niddy to look at.

Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

11/5/16 - default notice received from barclaycard dated 5 May 2016.

23/5/16 - statement received from barclaycard. £42.04 interest added.

8/6/16 - letter received from barclaycard dated 2/6/16.

A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

10/10/16 - letter received from Robinson way.

it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

options we have to consider are

* whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
* further collection activity, letters and calls

We would prefer to agree an affordable arrangement and it's not too late for this.

alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

please contact us .................blah

4/11/16 - letter received from Robinson Way dated 31/10/16

Pre-Legal Assessment
your account remains unpaid despite previous attempts to contact you.
we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

what this means for you

*Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
*If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

its not too late to agree and affordable payment plan:

*if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

*if you prefer you can deal with your account online ......blah

24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/12/16 to contact them.

14/12/16 - notice of Pending Legal Action received from Howard Cohen & Co Solicitors threatening court action.

14/12/16 - SWID sent to Robinson Way and LBA sent to Howard Cohen.

30/12/16 - letter from Robinson Way noting my complaint/dispute. Collection activities ceased until its investigated.

22/8/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter)

6/10/17 - letter from Robinson Way informing me that they are still waiting for the information requested (standard template letter same as above). This letter also states that they will write to me again in five weeks.

8/11/17 - letter from Robinson Way informing me that they are still waiting for a response from Barclaycard

4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume.

July 2018 - letter received from Robinson Way asking me to contact them to arrange a payment plan.

july 2018 - letter received from Robinson way asking me why I haven’t contacted them and that a 50% settlement is available.

August 2018 - letter from Robinson way offering a 19% discount

Sept 2018 - letter from Robinson way asking me to get in touch or further collection activity MAY be taken against me.

Another letter from Robinson Way received. Will ignore and see what comes next. They still haven’t replied to my SWID letter with a CCA yet.

[Still Waving]

Another letter from Robinson Way received. Will ignore and see what comes next. They still haven’t replied to my SWID letter with a CCA yet.

"4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume."


Did they not send anything along with that letter of 30/11/17?

[JLC]

"4/12/17 - Letter from Robinson way dated 30/11/17

Further to you Consumer Credit Act Request.

Please note, if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

Please forward your proposals for payment to us within the next 30 days, for which the account has been held for. We have enclosed a financial statement to assist you with this.

If we dont hear back from you within this time, collections activity will resume."


Did they not send anything along with that letter of 30/11/17?

No, just a a letter.

[nightwatch]

A reconstituted copy may be sent in reply to a CCA request, but if they don't have the original how do they know what to reconstitute, plus to take it to court the original has to be available.

Happy days xx