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

[JLC]

I'm sure you did suggest that I complain about them to the FOS as they had failed to provide information and you said it would keep them at bay for a bit longer. Maybe I misunderstood you.

[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.

. . . .

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

. . . .

16/7/19 - acknowledgement of my complaint

7/8/19 - still investigating my complaint. Hope to have a response by 4th September

26/9/19 - letter of claim from Howard Cohen solicitors

4/10/19 - reply sent to letter of claim. Box D ticked. copy of letter from robinson way stating they are dealing with my complaint from July.

7/10/19 - confirmed delivery and signed for of reply. Signed for by: MCCARTHY Delivered: 7:23am

2/11/19 - letter received from Robinson Way stating that they had sent me a letter in August (not received) and that my complaint hadn't been upheld and that they enclose a copy (no copy enclosed). I hadn't made an offer to pay so enclosed a income and expenditure form for me to fill in and return and the account is on hold until 22nd november. No CCA received from Robinson way for this.

30/11/19 - Reported Hoist Portfolio to Financial Ombudsman.

4/12/19 0 response from financial ombudsman saying they are busy and will be in touch as soon as they can. Nothing further received from Robinson way or Hoist.

Did you eventually get a response from the FOS following your complaint to them about Hoist?

You had previously received a Letter of Claim from Howard Cohen so I thought I should check on the situation.

Di

[JLC]

Did you eventually get a response from the FOS following your complaint to them about Hoist?

You had previously received a Letter of Claim from Howard Cohen so I thought I should check on the situation.

Di

I didn't proceed with the FOS. Not heard anything regarding this debt either. From feb next year, I go into my final year. If I hear anything, you will be the first to know.

[Joanna Connolly Solicitors]

I didn't proceed with the FOS. Not heard anything regarding this debt either. From feb next year, I go into my final year. If I hear anything, you will be the first to know.

I like the idea of being the first to know

You seem to be getting closer to statute barred status as each day goes by.

If Hoist do decide to make a last ditch attempt to chase you before the deadline definitively post on this thread.

In the meantime you may like to see Jo's post on the issues Hoist face with lack of FCA authorisation if they decide to issue a claim >

Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

The Hoist companies also have issues with their assignment process and documentation.

Di

[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)still


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.

18/3/19 - Agree a payment plan letter

20/4/19 - pay just 60% of your balance

7/6/19 - we speak to people every day letter

6/7/19 - pre legal assessment (I responded with a sold in dispute letter)

16/7/19 - acknowledgement of my complaint

7/8/19 - still investigating my complaint. Hope to have a response by 4th September

26/9/19 - letter of claim from Howard Cohen solicitors

4/10/19 - reply sent to letter of claim. Box D ticked. copy of letter from robinson way stating they are dealing with my complaint from July.

7/10/19 - confirmed delivery and signed for of reply. Signed for by: MCCARTHY Delivered: 7:23am

2/11/19 - letter received from Robinson Way stating that they had sent me a letter in August (not received) and that my complaint hadn't been upheld and that they enclose a copy (no copy enclosed). I hadn't made an offer to pay so enclosed a income and expenditure form for me to fill in and return and the account is on hold until 22nd november. No CCA received from Robinson way for this.

30/11/19 - Reported Hoist Portfolio to Financial Ombudsman.

4/12/19 0 response from financial ombudsman saying they are busy and will be in touch as soon as they can. Nothing further received from Robinson way or Hoist.

Between this date and today, I have had a few standard chasing letters.

28/5/21 - Letter received from hoist dated 24 May 21 titles pre-legal assessment. lots of 'may' and 'considered' used in it stating it may be transferred to Howard Cohen solicitors. Lets hope they don't do anything. I still haven't had a CCA from them even though they told me they sent me one. I have a copy of what barclaycard holds for me and can't see any paperwork for it.

Should I do anything? despite them telling me they have sent me a CCA, I haven't received it. Should I send another request or just wait and see?

[Warwick65]

Should I do anything? despite them telling me they have sent me a CCA, I haven't received it. Should I send another request or just wait and see?

Hi
Just want to check, you haven't paid since Jan 2016
You have already received one letter of claim which you saw off with the right response

Hard as it is, for now I would do nothing but if you get another Letter of Claim that would be the time to send the CCA request and ask for all the documents.
Basically you want to prolong anything so if you send it now they might just find what you want in the 7 months or so you have left before SB.

[nightwatch]

Hi. i would just wait and see what happens next.

[JLC]

OK, will do. I am sure there is nothing to worry about as they don't have any paperwork. Thanks guys

[PlanB]

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

10/2/16 - CCA request posted.

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

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.

. . . .

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.

. . . .

26/9/19 - letter of claim from Howard Cohen solicitors

4/10/19 - reply sent to letter of claim. Box D ticked. copy of letter from robinson way stating they are dealing with my complaint from July.

4/12/19 0 response from financial ombudsman saying they are busy and will be in touch as soon as they can. Nothing further received from Robinson way or Hoist.

. . . .

28/5/21 - Letter received from hoist dated 24 May 21 titles pre-legal assessment. lots of 'may' and 'considered' used in it stating it may be transferred to Howard Cohen solicitors. Lets hope they don't do anything. I still haven't had a CCA from them even though they told me they sent me one. I have a copy of what barclaycard holds for me and can't see any paperwork for it.

I can't believe this is still going on - I can see we discussed it in 2016!

Did the FOS make a decision on your complaint to them or has it fallen silent since December 2019?

Di

[JLC]

Apart from general letters nothing. FOS weren't helpful so I didn't pursue it but at the same time heard nothing. I will see what happens next.

[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)still


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.

18/3/19 - Agree a payment plan letter

20/4/19 - pay just 60% of your balance

7/6/19 - we speak to people every day letter

6/7/19 - pre legal assessment (I responded with a sold in dispute letter)

16/7/19 - acknowledgement of my complaint

7/8/19 - still investigating my complaint. Hope to have a response by 4th September

26/9/19 - letter of claim from Howard Cohen solicitors

4/10/19 - reply sent to letter of claim. Box D ticked. copy of letter from robinson way stating they are dealing with my complaint from July.

7/10/19 - confirmed delivery and signed for of reply. Signed for by: MCCARTHY Delivered: 7:23am

2/11/19 - letter received from Robinson Way stating that they had sent me a letter in August (not received) and that my complaint hadn't been upheld and that they enclose a copy (no copy enclosed). I hadn't made an offer to pay so enclosed a income and expenditure form for me to fill in and return and the account is on hold until 22nd november. No CCA received from Robinson way for this.

30/11/19 - Reported Hoist Portfolio to Financial Ombudsman.

4/12/19 0 response from financial ombudsman saying they are busy and will be in touch as soon as they can. Nothing further received from Robinson way or Hoist.

Between this date and today, I have had a few standard chasing letters.

28/5/21 - Letter received from hoist dated 24 May 21 titles pre-legal assessment. lots of 'may' and 'considered' used in it stating it may be transferred to Howard Cohen solicitors. Lets hope they don't do anything. I still haven't had a CCA from them even though they told me they sent me one. I have a copy of what barclaycard holds for me and can't see any paperwork for it.

10/09/21 - letter of claim received dated 4/09/21 giving me until 04/10/21 to respond.

Letter of claim received (not surprising as this is the second time they have tried).

I have been looking through the paperwork for this. Barclaycard didnt send me a default for this until May 2016, although it defaulted in 2011 when I started using Vincent Bond to make payments below the min payment on my behalf. Should I dispute the claim or ask for further information as I haven't yet received a CCA from Robinson Way (even though they claim I have)?

[Never-In-Doubt]

Colin G Quinn

[Never-In-Doubt]

Letter of claim received (not surprising as this is the second time they have tried).

I have been looking through the paperwork for this. Barclaycard didnt send me a default for this until May 2016, although it defaulted in 2011 when I started using Vincent Bond to make payments below the min payment on my behalf. Should I dispute the claim or ask for further information as I haven't yet received a CCA from Robinson Way (even though they claim I have)?

Hold fire. I've tagged the legal team. See what they advise before responding.

[JLC]

Thanks

[Colin G Quinn]

Hi,

Ok, the first thing to do is not panic. There is help available.

I haven't been able to look through the previous 27 pages of this thread, but I have read the diary posted at #416 above in conjunction with your post re the Letter of Claim. I am just making some notes on the same and then will reply.