benadabec UE Diary

[PlanB]

Re: benadabec UE Diary

Howard Cohen have passed back to Robinson Way, who have written to ask for £1 to enable Barclaycard to respond to my request. Sounds like I need to send a new CCA request with the payment. Though bear in mind RW told me in December that BC had sent me everything to fulfil their obligations..

Not necessarily

Plan B x

[Still Waving]

Re: benadabec UE Diary

Howard Cohen have passed back to Robinson Way, who have written to ask for £1 to enable Barclaycard to respond to my request. Sounds like I need to send a new CCA request with the payment. Though bear in mind RW told me in December that BC had sent me everything to fulfil their obligations. Round and round we go....

Hi Benadabec

I see that until your update of 2/7/16 (Notice of Impending Legal Action), your last update was that you had not sent a Sold in Dispute letter. It may be useful to me - and perhaps to others - if you could kindly outline any exchanges which took place between October 2015 and 2/7/16. Many thanks.
SW

[benadabec]

Re: benadabec UE Diary

Not necessarily

Plan B x

They mentioned that they would give me until 5th August to send the payment otherwise it would go back to Howard Cohen who may take court action. So if I don't comply with RW, I'd most likely end up back with HC sending a NoA. But a CCA request doesn't give me the paperwork outlined in the LBA, unless I just send payment with a covering letter?

[benadabec]

Re: benadabec UE Diary

Hi Benadabec

I see that until your update of 2/7/16 (Notice of Impending Legal Action), your last update was that you had not sent a Sold in Dispute letter. It may be useful to me - and perhaps to others - if you could kindly outline any exchanges which took place between October 2015 and 2/7/16. Many thanks.
SW

Briely:
October 2015 MKDP passed the account over to Robinson Way, who wrote asking me to cough up. I sent RW a Sold in Dispute letter.
December 2015 RW sent Barclaycard T&C's that I'd previously received and letter telling me that Barclaycard had sent everything to fulfil the CCA request and if I didn't pay, they would pass to Howard Cohen. I ignored/filed.
July 2016 I received a Notice of Action from Howard Cohen at the beginning of July. Immediately sent off a LBA to HC and they have now sent back to RW to gather the relevant paperwork but asking for a £1 payment to be able to progress with my request.

Hope that helps

[Pixie]

Re: benadabec UE Diary

Personally, I wouldn't be sending £1 to them but see what others say.

[benadabec]

Re: benadabec UE Diary

Not too sure what to do here. Suggestions that I shouldn't pay, but if I don't send the £1 I'm concerned I'd end up back with Howard Cohen threatening court again. What would others do?

[Roger]

Re: benadabec UE Diary

Not necessarily

Plan B x

Plan B answers your query. If you Pay YOU will enable them to fufill a s.78 and COHEN will be able to take you to court.
As it is if RW believe they have fulfilled their obligations with what they have already sent (THATS ONLY THEIR OPINION) then why are they asking for another £1?
Plan B says Not necessarily! Thats seems good advice

[Never-In-Doubt]

Re: benadabec UE Diary

Not too sure what to do here. Suggestions that I shouldn't pay, but if I don't send the £1 I'm concerned I'd end up back with Howard Cohen threatening court again. What would others do?

If you have previously paid £1 for a CCA request then do not send another request and most definitely do not send a payment in - if you have already sent payment previously then they are in default of your request - end of.

If you have previously sent in a CCA but never sent the payment, it is not a lawful request and so a whole new request and payment needs to be sent.

If you have never issued a CCA and never paid the £1 fee then you must send a whole new request with the £1 fee.

[benadabec]

Re: benadabec UE Diary

Right. And I'm more than happy to go along with the excellent advice given as always. But my logic was if RW go back to Barclaycard and they cannot supply all (or any) of the correct paperwork as they haven't done for 5 1/2 years they might think twice sending me back to HC, all the while the SB clock ticks down.
By not replying, I would almost certainly be passed back to HC to issue court proceedings.

Sorry for all the questions, just trying to get an understanding of what might happen next

[benadabec]

Re: benadabec UE Diary

If you have previously paid £1 for a CCA request then do not send another request and most definitely do not send a payment in - if you have already sent payment previously then they are in default of your request - end of.

If you have previously sent in a CCA but never sent the payment, it is not a lawful request and so a whole new request and payment needs to be sent.

If you have never issued a CCA and never paid the £1 fee then you must send a whole new request with the £1 fee.

OK Niddy. Thanks

[Pixie]

Re: benadabec UE Diary

benadabec, you made this post in 2011 so I think you should ignore RW's request for £1. So what if they send it back to HC and they threaten court action? If they haven't got the right paperwork they won't get very far!

You should know by now that DCAs and their pet solicitors like to frighten you in the hope that you'll panic and do the wrong thing (for you). Just let us know when you hear from them next.

Got home from work to find a reply from Barclaycard

"re. section 78 of the consumer credit act 1974

I refer to your request for information dated 04/01/11

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the "Act") is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

I enclose a reconstituted copy of your credit agreement. A copy of the terms of your agreement as varied in accordance with section 82(1) of the Act has been (or will shortly be) sent to you under separate cover.

A statement of your account is below.

• Credit limit ....
• Current balalnce...
• Next payment due on....

This completes our obligations under section 78 of the Act.

I note your reference to pre-action disclosure under the Civil Procedure Rules. We have provided you with sufficient information to allow you to understand our position. The Civil Procedure Rules do not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which are not satisfied here. The application must be supported by evidence and the usual order is for the Applicant to pay the costs of the application, including the Respondent's costs of complying with any order that is made as a result (CPR 48.1(2))."


The documents included didn't contain a signed credit agreement. What I got was 3 pages:

-A newly printed sheet with my old address and a box saying 'YOUR RIGHT TO CANCEL: Once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by us' and that's all on that page
-Another printed sheet saying "Barclaycard Conditions - A copy for your records" followed by some (not all) terms and conditions including rights, right to cancel
-A sheet with Barclaycard Conditions, followed by the prescribed terms I believe, as it has all the credit limit, charges including interest rates and repayments information.

I didn't think it was worth scanning and emailing these pages as there doesn't seem anything here worth checking.

They say they are sending documents separately and they also correctly have my old address from 3 moves ago when I took out the card, but do I reply with anything or just ignore this?

[benadabec]

Re: benadabec UE Diary

Thanks Pixie. Appreciate everyone's words of wisdom!

[Pixie]

Re: benadabec UE Diary

Right. And I'm more than happy to go along with the excellent advice given as always. But my logic was if RW go back to Barclaycard and they cannot supply all (or any) of the correct paperwork as they haven't done for 5 1/2 years they might think twice sending me back to HC, all the while the SB clock ticks down.
By not replying, I would almost certainly be passed back to HC to issue court proceedings.

Sorry for all the questions, just trying to get an understanding of what might happen next

But by replying you give BC the chance to put things right and you don't want that.

As you're getting close to SB I think it's scare tactics to try and get something from you while they can.

[benadabec]

Re: benadabec UE Diary

But by replying you give BC the chance to put things right and you don't want that.

As you're getting close to SB I think it's scare tactics to try and get something from you while they can.

The thing with Howard Cohen is that they're handing out court summons left, right and centre at the moment. Scare tactics are one thing from a DC but HC go straight in with the court proceedings

[Pixie]

Re: benadabec UE Diary

I know all about HC. Who's to say that, even if you do send the £1 to Robway, that it still won't be returned to HC?

If they haven't got the correct paperwork then any claim should fail. If they're still daft enough to issue a claim we would help you to defend it. A claim isn't an automatic CCJ.