Barclaycard (MKDP) Sold to Hoist Portfolio

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

But if YOU know you've done a s.78 then that's enough. Don't tell them they're in default as they can remedy.

Is it just me that's smells the coffee on a morning?

Try not to worry. If they issue a claim then you can argue as much as you want at that point (either directly or via our solicitor) - each letter sent leaves a risk of mistakes occurring. Anyway, I'm not a financial advisor. I'm only saying what I'd do

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Those that did use registered post, probably didn't keep the number of the postal order (unfortunately I did not). I've hunted up and down for the receipt this weekend, found the cash receipt (£1.50 for a blinkin £1 postal order!), but can't find the receipt with the postal order number on it.

For what is worth I slightly modify my letters with CCA requests and after "please find attached my £1 payment" piece in the template, I add "in the form of PO/cheque no 123456789" therefore number is on record. (If check is used, I mail over my personal cheque with my surname in capitals as signature - banks do not check signature for such small amount).

Anyway, they have responded saying they need to contact original creditor. It is enough confirmation for me they got all what was needed, i.e. request AND fee.

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Rob Way are not suggesting anything of the sort mate - you've totally misread the letter. Anyway, good luck - I've PM'd you

Ooops

Well lets see what happens - worst case scenario the AAD Legal Team get an interesting case to get their teeth into.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Unfortunately my specific circumstances don't match the regular CCA issues, and don't match any of your options at the beginning of the thread (though this shouldn't be a surprise!). I wanted it 'on record' that RobWay were suggesting they had not received the CCA request in writing when they were wrong so they there could be no possible way they could argue.

I sent the 'No CCA Received - Final Response' template which states things pretty clearly that there'll be no more communication until they are out of default

Rob Way are not suggesting anything of the sort mate - you've totally misread the letter.

Anyway, good luck - I've PM'd you

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

what with? and why did you respond when all the posts suggest not to?

Unfortunately my specific circumstances don't match the regular CCA issues, and don't match any of your options at the beginning of the thread (though this shouldn't be a surprise!). I wanted it 'on record' that RobWay were suggesting they had not received the CCA request in writing when they were wrong so they there could be no possible way they could argue.

I sent the 'No CCA Received - Final Response' template which states things pretty clearly that there'll be no more communication until they are out of default

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Because I responded to it!

what with? and why did you respond when all the posts suggest not to?

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

why?

Because I responded to it!

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Well I've responded so we'll see

why?

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

If anyone gets one of these letters - responding would open the floodgates so be very careful (if it was me I would not respond).....

I have discussed with Jo and we know why they are asking for this - put simply, if you respond then you will get a claim.

Well I've responded so we'll see

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Unfortunately for them, when the CCA request is placed in writing, sent recorded delivery, with proof of receipt, not to mention the fact they responded to the letter in the first place, it makes them look very stupid. They're now in default so I've sent them the Final Response no CCA received letter, and they'll get nothing more from me until they manage to produce something.

[ATTACH=CONFIG]20366[/ATTACH]

If anyone gets one of these letters - responding would open the floodgates so be very careful (if it was me I would not respond).....

I have discussed with Jo and we know why they are asking for this - put simply, if you respond then you will get a claim.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

It's not bizarre - it's because you've quoted something in the past regards an outstanding CCA - so rightly so they are now responding saying, we can't find it / don't know about it / noticed it has not been actioned - therefore send in a new signed request and don't worry about the fee.

However, anyone on AAD would know that you don't do this - once in default they must come out of it - so why re-request it? You wouldn't.

So although you may see it as RW sinking to an all time low, I see it differently in that they are trying to come out of default and thus trying to remedy things. Those letters would not have been sent to people who had never done a CCA request. That would be bad - they are being sent to people who have previously done a CCA and then who subsequently mention it in any letters / comms.

Regardless whether you reply with a LBA response or a sold in dispute response - each mentions s.78 (in default) or similar so they'll know that a request was done.

So as I say, stop worrying (or rather worrying people unnecessarily).... I suspect some have slightly misread the intention of the letter.

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

You dont need a receipt.

1. Didn't need to be but good
2. Then they remain in default and cannot enforce the agreement
3. The fee isn't that important at this stage. You asked / they replied. That's fine - they're in default.

Its more than enough as you've followed process and sent a lawful request. They're in default.

Thanks matey - I was questioning whether to send off another CCA request, but as I thought there was sufficient proof that one had been sent and already received, it was more a case of understanding what legal argument they may possibly present if things got that far.

We're not worrying, we're debating the ethics of Robinson Way which appear to have sunk to an all time low.

No, not worrying at all. It was the bizarre letter that was received that was a different response to what I've had in the past from other creditors and the possible thinking behind it. Initially I thought it was just a 'one off' but others have definately had too so would seem to have some intent on their side.

And definately glad the AAD team is on this

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Stop worrying folks.

We're not worrying, we're debating the ethics of Robinson Way which appear to have sunk to an all time low.

Plan B x

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

but can't find the receipt with the postal order number on it.

From a legal perspective is it enough:

1) The letter was sent (and registered received) recorded post
2) Rob Way have responded to that letter stating the account is on hold while they wait on the OC to provide the requested info
3) In my final response to them I stated the original CCA request made contained the statutory fee, therefore if they have lost the fee I expected nothing else that they waive it

You dont need a receipt.

1. Didn't need to be but good
2. Then they remain in default and cannot enforce the agreement
3. The fee isn't that important at this stage. You asked / they replied. That's fine - they're in default.

Its more than enough as you've followed process and sent a lawful request. They're in default.


End of.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

The fact you write saying "find attached the £1 fee"; is enough. You don't have to prove anything quite like that - for instance had they responded with s.78 then clearly the fee was sent. If they write back saying "you need to send the fee" then clearly it's missing / wasn't sent. A judge will establish facts pretty quick.

As for a firm inviting you to send a s.78 request fee free - it would not hinder your defence if you've previously done a request and ignored this request. Anyway, you can still do s.78 post claim so it wouldn't affect anyone here as we'd ensure they got a valid request off in plenty of time to fight and defend.

Stop worrying folks. We can't help people not on AAD but to those on here, you're pretty safe.