Barclaycard (MKDP) Sold to Hoist Portfolio

[Enforcer]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I think that most of us on this forum have had the same letter. They Know that it is UE they are trying it on in the hope you pay them something, even £1.00 then you have admitted liability, novation of contract!
Pay nothing, ignore for now.

[Mehim]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Good Afternoon everyone,

I have had the same letter from RW giving me the following options:

Refers to my Barclaycard no 2 and 4 accounts

1. A reduction of 50% to clear my balance
2. If I am not able to pay a lump sum it may be possible to pay the amount over monthly instalments (I assume they are referring to the reduced amount).
3. If neither option is possible I should let them know what I can afford.

I am assuming that i just ignore and see the next one.

Many thanks

[MrsD]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

yup that's what I have done

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

new development
http://forums.all-about-debt.co.uk/s...l=1#post547406
got exactly same letter as S&V today

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Me too......Lets see what comes next.....A whole 30 days to wait.....bummer

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Remember to read this update & respond accordingly --> http://forums.all-about-debt.co.uk/s...l=1#post541856

Only "ignore" if you feel you've given them a chance to respond to your s.78-79 request. The post in the link above explains in more detail.

I am not suggesting anyone ignores anyone. Do so at your own choice; or don't. It's your decision totally. The post above explains what i'd do in a variety of situations.

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

A good point well made there, Be careful people

In my case I know there is no CCA ( Just a sign here - additional card offer) and I have a letter from MKDP stating this is U/E....Yet they still sold it on !!!!

I wrote to tell them it was confirmed UE, They reply telling me I have to send £1 for a CCA.....????? Yeah right ok

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi All

This is the letter that Robinson Way have been sending out, asking that CCA requests be placed in writing (even when they have been). Either its a screw up on someones part in the office, and they've pressed the wrong button on the automated letter churning machine, or its a strange tactic on their part to either allow them more time to find an agreement, and if they can't hope that people can't be bothered to place a second request so they can restart the collection machine again.

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.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Robinson Way offering to "waive" the £1 statutory fee for a s.77-79 request makes my blood boil.

It's not a gesture of goodwill it's a feckin con trick.

They know full well that without payment of the £1 statutory fee the CCA request has no standing in law if a debtor submits non compliance with s.78 as their Defence to a court claim.

# dirtytricks

# no surprises there

Plan B x

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

So long as you sent the fee, what they do with it is irrespective. Some apply it to debt in the hope it affects SB whilst others return it.

Doesn't matter.

The CCA says you must send payment. That's all.

We suggest a PO as it leaves a paper trail hence proof payment was indeed sent with the s.77-79 request.

Don't confuse it with the lender sending a s.78 without being asked. So long as you properly do the request and send the fee it's deemed served & lawful.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

So long as you sent the fee, what they do with it is irrespective. Some apply it to debt in the hope it affects SB whilst others return it.
The CCA says you must send payment. That's all.

We suggest a PO as it leaves a paper trail hence proof payment was indeed sent with the s.77-79 request.

Don't confuse it with the lender sending a s.78 without being asked. So long as you properly do the request and send the fee it's deemed served & lawful.

I agree.

However that Robinson Way letter invites the debtor to send a written request for their CCA but specifically tells them not to send the £1 fee because they will waive it.

That's the bit which makes me cross.

No statutory £1 fee = no legal defence of non compliance with a s.78 request.

Plan B x

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I agree.

However that Robinson Way letter invites the debtor to send a written request for their CCA but specifically tells them not to send the £1 fee because they will waive it.

That's the bit which makes me cross.

No statutory £1 fee = no legal defence of non compliance with a s.78 request.

Plan B x

It would appear they are deliberately playing dirty as they're sending out these letters 'in bulk', knowing the majority of people wouldn't know that proving the £1 payment has been sent compromises their defense.

I suspect that many people wouldn't have bothered paying registered post when sending the CCA request. 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.

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

Looking on the positive side it does burn another 30 days off the SB clock, though from what I've seen these scumbags are issuing claims with literally a couple of months to go so perhaps that doesn't matter anyway.

[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.

[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.

[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