LarimarBlue's UE Diary

[LarimarBlue]

So, I need to know whether to respond to Howard Cohen & co Solicitors with the LBA-2016.doc or if I should return their form. If I use their form, do I tick Box D - I dispute the debt (and what reason should I give?). Should I also select Box I - I need more documents or information - and then list what's on the LBA-2016.doc? I'm confused!

[Roger]

So, I need to know whether to respond to Howard Cohen & co Solicitors with the LBA-2016.doc or if I should return their form. If I use their form, do I tick Box D - I dispute the debt (and what reason should I give?). Should I also select Box I - I need more documents or information - and then list what's on the LBA-2016.doc? I'm confused!

I should look through and read this

https://www.all-about-debt.co.uk/for...claimers/page3

[LarimarBlue]

Hi, here's an update of what happened next with regards to Barclaycard and the Howard Cohen & co Letter of Claim dated 27/11/17 on behalf of Hoist Portfolio Holding Limited.

I sent an SAR to Barclaycard on 15/12/18 and received the information back with a letter dated 01/02/18.

After taking advice on this fantastic forum - thank you! - I decided to not complete the form I'd been sent but instead, on 15 December 2017, I sent a CCA request letter to Hoist Portfolio Holding Limited, copying Howard Cohen Solicitors.

I've not got a record of it anywhere (and I'm usually meticulous about these things), but I'm wondering if I also sent an LBA to Howard Cohen & co . I've never received any more correspondence from them

I got a letter dated 19/12/17 from Robinson Way Debt Collectors saying that following my request, they have asked for a copy of the agreement/statement and put my account on hold temporarily and will contact me when they receive the documentation.

Another letter dated 27/12/17 arrived from Robinson Way acknowledging my complaint that they had received on 19/12/17 and that it will be investigated thoroughly by their Complaints Department and will be in contact asap. I had not sent anything to Robinson Way, so I'm not sure what they're referring to. I'm presuming they mean the CCA request I'd sent to Hoist that had been handed over to them by Hoist?

A letter dated 15/01/18 from Robinson Way arrived, with reference to my complaint received 19/12/17 and their letter dated 27/12/17 to advise that their investigations into my complaint have not yet been concluded and that they aim to respond asap but certainly no later than four week's time.

Next letter is dated 01/02/18 from Robinson Way titled 'Your Recent Request' saying; Please note we have not yet received a response from the original creditor. This note is to let you know that we are continuing to seek an update and we will let you know the response as soon as we can. Action on your account has been temporarily stopped whilst we await a resolution.

A letter dated 10/02/18 arrives from Robinson Way saying; We write further to your complaint received by ourselves on 19/12/17. Our understanding of your complaint is that you dispute the above account belongs to you and therefore the outstanding balance is not your responsibility. You have asked us to provide documentation to prove the debt belongs to you. As our client Hoist Portfolio Holding Limited is not the original creditor, they do not hold any documentation from when the account was opened. Therefore on 18/12/17 they sent your request to Barclaycard. I can confirm we have re-requested these documents, however, we have not received them. With this in mind, we believe the issues raised within your complaint are the responsibility of the original creditor, Barclaycard and therefore your complaint has been forwarded to them (in accordance with the Financial Conduct Authority's guidelines set out in DISP 1.7), and you will receive an acknowledgement letter from them detailing their complaints procedure in due course. Alternatively, you may wish to contact them directly using the contact details below. We have placed your account on hold to allow the respondent time to contact you with a resolution. We trust this meets with your satisfaction, however if you have any queries, please contact us. Please find enclosed a booklet indicating how the Financial Ombudsman Service may be approached in relations to the complaint if you are unhappy with our response. In so doing, I am confirming that this letter is our 'Final Response' under the terms of our complaints procedure. You have the right to refer your complaint to the Financial Ombudsman Service, free of charge but must do so within six months of the date of this letter.

A letter dated 13/02/18 arrives from Barclaycard saying: About your complaint. Thank you for getting in touch with us. We would really like resolve your complaint but have been unable to contact you. Please call us during opening hours to discuss your complaint further.

A letter dated 16/02/18 arrives from Barclaycard saying; About your complaint. Thank you for getting in touch with us regarding your complaint. We are sorry you have had reason to complain and we want to assure you that we are dealing with your complaint as quickly as possible. We aim to resolve matters by 08 April 2018. Should you have any immediate queries, please contact us.

The only correspondence I've made has been that CCA letter I sent on 15/12/17 - is there anything else I should be doing now?

[Still Waving]

The only correspondence I've made has been that CCA letter I sent on 15/12/17 - is there anything else I should be doing now?

Hi

I should say not. You have sent a CCA request, and the account has been put on hold while they all scurry around trying to fulfill it.

Just sit tight and see what comes next. If in doubt when the next letter is received, then post here for suggestions.

[Joanna Connolly Solicitors]

You seem to have started an unstoppable chain of events all because you sent a s 77-79 CCA Request to Hoist in November last year.

What's followed is a blizzard of letters but none of them enclosed your credit agreement. Jolly good

File all those letters but no need to reply to any of them.

You say you've received your SAR from Barclays so is the credit agreement in it? If it's not there then how will Hoist produce it.

Can you also update your thread with the history of the debt because I can't easily find it (date opened, amount outstanding etc etc).

Did you have PPI on this account?

Di

[LarimarBlue]

I've now received a letter dated 14 February 2018 from Barclaycard.

It says:

We refer to your request for documentation under Section 78 of the Consumer Credit Act 1974, under which we must provide a copy of the executed agreement (and any document referred to in it) and a statement of the account. We need to advise you that, regrettably, we are currently unable to fulfil your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfil your request.

What this means for you.

Whilst discussions continue, we know that we're not able to enforce our agreement with you but our rights continue to exist under the agreement. Your current outstanding balance is £11,000.11 and you will need to continue to pay the debt that's accrued on the account and make payments in accordance with your statements. It is important to note that, where debt has accrued on your account, we will, where required, report to credit reference agencies (which may impact your credit rating), demand payment from you, issue a default notice, and instruct third party to demand payment or otherwise seek payment from you.

This completes our obligations under Section 78 of the Act.

-----------------------------

I then received a letter dated 24/02/18 from Robinson Way on behalf of HPH Ltd saying:

Thank you for your recent communication in response to the Pre Action Protocol response pack, please find enclosed as requested a copy of documents requested.

We trust this satisfies your query and advise that we now require your repayment proposals for this matter. Your account has been placed on hold until the 22 March 2018 to allow time for you to do so. Failure to do so may result your account being referred to our client's solicitor Howard Cohen & Co who may be instructed to take court action.

If you are in financial difficulty we recommend that you contact etc etc.

----------------------------

The only documentation that they enclosed was a Barclaycard copy statement printout, dated 02 Dec 2011 showing closing balance of £11,050.11
As Barclays have just written to say it's unenforceable I'm assuming what Robinson Way have sent me is empty threats? There were a lot 'may' in their sentences.

The original Egg account was opened 24/11/2000. In the SAR from Barclaycard the last statement where payment was made appears to be 16/11/2011 for £11,050.11.

On the SAR there is a mention of PPI with Egg from 15/04/2003 08/12/2003.

Please advise on what I should do next.

[Still Waving]

File that Barclaycard letter and keep it safe. You could send a copy of it to RobWay, which will show them that you know their threats are empty.

If you do write to RobWay be sure to use non-committal terms - eg alleged and disputed debt. No point in being seen to acknowledge the debt, just in case an alleged 'agreement' does turn up later.

Regarding the PPI, I would do nothing - you are currently circa £11k to the good anyway.

[Joanna Connolly Solicitors]

File that Barclaycard letter and keep it safe. You could send a copy of it to RobWay, which will show them that you know their threats are empty. .

Personally I wouldn't advise the OP to reveal anything they've sourced from the original creditor (or anyone else for that matter) to the current debt owner.

Di

[Joanna Connolly Solicitors]

I've now received a letter dated 14 February 2018 from Barclaycard.

It says:

We refer to your request for documentation under Section 78 of the Consumer Credit Act 1974, under which we must provide a copy of the executed agreement (and any document referred to in it) and a statement of the account. We need to advise you that, regrettably, we are currently unable to fulfil your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfil your request.

What this means for you.

Whilst discussions continue, we know that we're not able to enforce our agreement with you but our rights continue to exist under the agreement. Your current outstanding balance is £11,000.11 and you will need to continue to pay the debt that's accrued on the account and make payments in accordance with your statements. It is important to note that, where debt has accrued on your account, we will, where required, report to credit reference agencies (which may impact your credit rating), demand payment from you, issue a default notice, and instruct third party to demand payment or otherwise seek payment from you.

This completes our obligations under Section 78 of the Act.

-----------------------------

I then received a letter dated 24/02/18 from Robinson Way on behalf of HPH Ltd saying:

Thank you for your recent communication in response to the Pre Action Protocol response pack, please find enclosed as requested a copy of documents requested.

We trust this satisfies your query and advise that we now require your repayment proposals for this matter. Your account has been placed on hold until the 22 March 2018 to allow time for you to do so. Failure to do so may result your account being referred to our client's solicitor Howard Cohen & Co who may be instructed to take court action.

If you are in financial difficulty we recommend that you contact etc etc.

----------------------------

The only documentation that they enclosed was a Barclaycard copy statement printout, dated 02 Dec 2011 showing closing balance of £11,050.11
As Barclays have just written to say it's unenforceable I'm assuming what Robinson Way have sent me is empty threats? There were a lot 'may' in their sentences.

The original Egg account was opened 24/11/2000. In the SAR from Barclaycard the last statement where payment was made appears to be 16/11/2011 for £11,050.11.

On the SAR there is a mention of PPI with Egg from 15/04/2003 08/12/2003.

Please advise on what I should do next.

Straight to the point.

Barclaycard no longer own your debt unless I'm mistaken.

Your debt is currently owned by Hoist Portfolio unless I'm mistaken.

Your debt is being managed by Robinson Way as the DCA for Hoist unless I'm mistaken.

Robinson Way 'threaten' to refer your debt to Howard Cohen Solicitors on 22nd March unless I'm mistaken.

You are seeking advice on what to do prior to 22nd March.

Di

[nightwatch]

MY answer to your question Di, would be NOTHING x

unless I'm mistaken ?

[Roger]

Robinson Way"..The only documentation that they enclosed was a Barclaycard copy statement printout, dated 02 Dec 2011 showing closing balance of £11,050.11.."
If Hoist had asked Barclaycard presumably they would have been told "..unable to supply at this time.."

The question is simple ..Have Hoist satisfied the S.78 Request?
The answer is NO

[Joanna Connolly Solicitors]

MY answer to your question Di, would be NOTHING x

unless I'm mistaken ?

Yep, do nothing

Di

[LarimarBlue]

Hi, here's an update on the HPH Ltd (ex Barclaycard) situation, where HPH have appointed Robinson Way as their debt collectors. All I get now is a monthly letter from Robinson Way saying:

As previously advised we are still trying to obtain information you have requested. This is however taking longer than anticipated and so your account remains on hold temporarily, until this has been resolved.

Having read through the SAR from Barclaycard again, my last payment was 05/10/2011.
Robinson Way are waiting for information from original creditor (Barclaycard - who took the debt over from Egg), and I know from the SAR that all Barclaycard have is a printout of online application details with no signature, print out of Egg card statements, print out of Barclaycard statements. No copy of agreement. So Robinson Way are never going to get the information requested.

As last payment made was 05/10/2011 should I send a statute barred request to HPH Ltd? Or do something else?

Thanks for your help!

[Joanna Connolly Solicitors]

Having read through the SAR from Barclaycard again, my last payment was 05/10/2011.
Robinson Way are waiting for information from original creditor (Barclaycard - who took the debt over from Egg), and I know from the SAR that all Barclaycard have is a printout of online application details with no signature, print out of Egg card statements, print out of Barclaycard statements. No copy of agreement. So Robinson Way are never going to get the information requested.

As last payment made was 05/10/2011 should I send a statute barred request to HPH Ltd? Or do something else?

I can't see the history of this debt so is it possible to signpost where it is on your thread, or re-quote the history post and add an update each time you receive something?

When was the account opened and how? If it was online after 2005 then a 'tick box' signature may suffice.

A reconstituted credit agreement may pass the test if it is 'honest and accurate'.

All that really matters is what documentation Hoist produce in response to your s 77-79 CCA Request, and then analyse that.

I definitely wouldn't send any letter stating the debt is Statute barred in case it isn't. The Default date can be relevant (not just the last payment) and in my experience Barclaycard have a reputation for defaulting accounts up to two years' late.

As I've previously said unless your account is passed to Howard Cohen Solicitors there's nothing you need to do (yet). Just keep your head down.

Di