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  • Barclaycard | Robinson Way | Hoist

    Hello again and thanks for this forum. There seems to me to be increasing amount of websites / forums that are passing off as independent, community support groups, but are really trying to push a suspect debt management service. Consequently, it's good to find a genuine one.

    I've read a lot before posting. It's been great to see people like me EVENTUALLY arriving here and realising 'ah, it's not just me then...' You've also clearly helped people where you've been pretty-much their last port of call. Really impressive work. I've read a few of the diaries and noted how non-judgmental people here are too. There's no 'your mess, you sort it out.'

    This place clearly seems closer to recognising we have an overall flawed consumer credit society, which results in some people falling by the wayside and being vulnerable to sharp practice by the seedy underbelly of a poorly-regulated sub-industry that the highly-flawed, usual suspect high street lenders use to sweep away their collateral damage.

    Anyway, Nightwatch was kind enough to advise me to post my (well, the one I mentioned) issue here,after I butted in to another stream.

    Some background: My last full time role ended after a typical big company reorganisation at end of 2016 and I have been intermittently contracting since and started a small business to fill gaps between contracts so I won't starve and can pay the rent (the house being lost post-divorce 15 years ago) A few credit cards got out of hand when I had a rather long gap between contracts and had to concentrate on making the business work while also trying to make sure I don't end up on the scrap heap career-wise. Anyway, the £800 - £1000 or so I was paying off each month on a few credit cards was out of the question. I tried to maintain the relationships before the accounts were sold off... anyway, you know the punchline. I wouldn't be here if I had succeeded.

    Note that I have a few priority debts to HMRC: one for circa £5K of outstanding corporation tax from when I was contracting and the contract wasn't continued at the last minute and one from about 5 years ago, which is late filing penalties (companies house) both have gone to CCJ and round multiple collectors, all the letters went to to where the company is registered though. I picked A VERY LARGE PILE of them up after one calendar year.

    The debts it's about time I sorted out are:

    The Hoist / Robinson Way / Barclaycard one. From the Hoist letter telling me it now had the bought the debt:

    Total balance sold: £10,800
    Date: 8/8/2017
    Robinson Way appointed to manage the account.

    Action: I did one of those CCA requests, not sending £1. I got back the following:

    A copy of the letter from Barclaycard saying the account had been sold on to HPH
    A copy of the Hoist notification letter
    A copy of a BARCLAYCARD CAS MART APPLICATION RETRIEVAL (their capitals!)
    A print out of 42 pages (printed on both sides) of statements from the credit card account
    A copy of Hoist's Notice of Assignment
    A copy of the default notice from Barclaycard (dated June 2017)
    A copy of 11 pages (printed on both side) of Barclaycard Conditions
    A copy of a letter from Barclaycard to Hoist, that mainly says:

    'I refer to your request for Historic and Varied Terms and Conditions for (my name)

    I can confirm that the required documents are attached.

    Yours faithfully,

    name
    Barclaycard Customer Services'



    That's it. In answer to Nightwatch's question earlier, definitely no document of any kind signed by me.

    QUESTION: Has Hoist / Robinson Way provided everything to prove it would have a rock solid case if this were to be taken further, so should I bite the bullet and negotiate?

    NOTE: Robinson Way is threatening - should I not propose a payment plan by 24th Feb to pass the account to the usual suspects Howard Cohen, you know the rest. I haven't proposed a payment plan as I can't afford one ya know.

    DO ALSO NOTE: While a few of these dates are impending it doesn't mean I am losing sleep or panicking, I know enough about this stuff to know it's not worth that. So you make sure you prioritise any people who are seriously worried about this shiz.

    __________________________________________________

    Other debts I am also addressing include:

    Credit Security Limited (CSL) :

    Total balance sold: £12,500
    Date of most recent CSL letter: 11/2/2020
    Nature of letter: Final Notice
    Original lender: MBNA Limitied
    Other reference: PRA Group Limited

    The letter states it will be returned to client by 21 Feb (yesterday) if I don't make contact. I have not.

    I received a letter from CSL offering me a 50% discount at the end of December.

    CSL has kinda got my name wrong. It's included a middle name I have, but simply have never used. Never.

    QUESTION: Is CSL likely to take legal action and, if so, what would you recommend as a next step for me? Especially considering it has my name wrong.

    __________________________________________________



    Two other, smaller debts...


    ONE

    Collector: CABOT Financial
    Lender: M&S
    Amount: £1,800
    Most recent letter: 5th Feb offering a 20% discount

    This was passed to Cabot in the past 3 months.

    QUESTION: Should I just ignore Cabot? I don't like its tactics and suspect it makes a lot of people's lives a misery. It has already registered an account in my name with the usual suspect credit reference agencies.

    TWO

    Collector: Lowell
    Lender: Vanquis
    Amount: £4280

    Again this is all fairly recent no question of it being statute barred.

    Lowell did some court thing - not a CCJ, I forget the term used, but I had to phone Watford Court and arrange to pay about £600 in 3 payments, or Bailiffs would have come round.

    Now I want to query the outstanding amount and go through the CCA part.

    QUESTION: Is there any point going through the CCA part or does making those payments constitute admission of liability? Now I think about it too, the amount of the debt seems much higher than I thought it was., I was sure I only had a £1500 credit limit Vanquis card.

    THAT'S IT FOR NOW! Thanks ever so much, while I am blase about the above, that's my technique. It doesn't mean I don't worry sometimes, to the extent it interferes with work and, well, you know what it can interfere with. However, there will be people who need help more than me coming here.

    Do advise if I should present any more information or present any of the above differently.

    Once again, this forum does appear to stand out as the prime resource to help both people like me and people far more prone to falling for the glorified scam that's the world of consumer credit and debt collection at this time.

    YOU'RE NOW FREE TO GO ABOUT YOUR BUSINESS!

    THANKS.

    Fencey

















  • #2
    Originally posted by Fencey View Post
    Hello again and thanks for this forum.

    Lowell did some court thing - not a CCJ, I forget the term used, but I had to phone Watford Court and arrange to pay about £600 in 3 payments, or Bailiffs would have come round.

    Now I want to query the outstanding amount and go through the CCA part.

    QUESTION: Is there any point going through the CCA part or does making those payments constitute admission of liability? Now I think about it too, the amount of the debt seems much higher than I thought it was., I was sure I only had a £1500 credit limit Vanquis card.
    Hello

    Unsurprisingly this Lowell “court thing” has caught my eye.

    I’ll pop back tomorrow to ask you some questions before making my suggestion on how you should to manage the situation.

    Di

    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      Thanks Diana Mayhew I dug out the paperwork. It was a Warrant of Control and for £279 out of the £4,180 I made two payments, tried to make a third, but lowells had withdrawn it as I'd contacted them pointing out it was causing considerable financial hardship (it was) and I was worried about it happening again (I still am) I have no idea what a Warrant of Control is, assume it's another loophole our friends on the other side have started using. The main reason I paid (well, the first two thirds of it) it is that I didn't want madame at home to find out about it courtesy of Bailiffs visiting, especially as this was just before Christmas just gone.
      Last edited by Fencey; 23rd February 2020, 13:25.

      Comment


      • #4
        Originally posted by Fencey View Post
        Thanks Diana Mayhew I dug out the paperwork. It was a Warrant of Control and for £279 out of the £4,180 I made two payments, tried to make a third, but lowells had withdrawn it as I'd contacted them pointing out it was causing considerable financial hardship (it was) and I was worried about it happening again (I still am) I have no idea what a Warrant of Control is

        A Warrant of Control gives bailiffs the legal right to seize your possessions and sell them at auction. This means there would have been a CCJ otherwise Lowell could not have obtained a Warrant from the County Court.

        Does the paperwork give a claim reference number and/or the date of the Judgment?

        Do you recall receiving a claim form or maybe you have moved address and it was served on an address where you no longer live?

        You need to deal with this otherwise things could escalate.

        Sending a s77-79 CCA Request won't help because once there is a CCJ the debt owner no longer has to comply.

        I note the comment about your Vanquis credit card limit being only £1,500 although the Warrant refers to over £4k. Lowell Solicitors sometimes issue a court claim for two or three debts on one claim form.

        A little more digging would help.

        Di

        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Thanks Diana Mayhew ah yes I forgot about the CCJ part. Duh! Apologies. I feel I have no option other than to agree a payment plan with Lowell at this time, unless you advise otherwise.

          Comment


          • #6
            Originally posted by Fencey View Post
            Thanks Diana Mayhew ah yes I forgot about the CCJ part. Duh! Apologies. I feel I have no option other than to agree a payment plan with Lowell at this time, unless you advise otherwise.

            Did you receive the claim form?

            And if so did you not respond or did you fail to file your AOS or Defence in time so this is a Default Judgment (CCJ)?

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Diana Mayhew I don't recall seeing a claim form. Consequently I did not respond, no AOS or defence filed.
              Last edited by Fencey; 24th February 2020, 14:35.

              Comment


              • #8
                Originally posted by Fencey View Post
                Diana Mayhew I don't recall seeing a claim form. Consequently I did not respond, no AOS or defence filed.

                Did you receive the Judgment (CCJ) from the court even if you didn't receive the Claim Form?

                Do you know the date of the CCJ because an Application to set aside a CCJ must be done promptly?

                How did you discover there was a CCJ?

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Originally posted by Diana Mayhew View Post


                  Did you receive the Judgment (CCJ) from the court even if you didn't receive the Claim Form?
                  Do you know the date of the CCJ because an Application to set aside a CCJ must be done promptly?
                  How did you discover there was a CCJ?

                  Di
                  In order:

                  Not to my knowledge.
                  2 Jan 2019 according to credit score.
                  I started working in financial services and was told about it 6 weeks in and asked for an explanation. Cutting to the end, I didn't have one - and didn't like their manner either - and agreed to resign 6 weeks later.

                  Comment


                  • #10
                    Originally posted by Fencey View Post
                    2 Jan 2019 according to credit score.
                    I started working in financial services and was told about it 6 weeks in and asked for an explanation.
                    Can you clarify when (approximate date/month/year) you found out?

                    Do you have a copy of the claim form and/or CCJ which you'd like me to look at by email?

                    Plus Lowell's letter about the bailiff's warrant (do you also have a copy of the Warrant?).

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      Originally posted by Fencey View Post
                      The Hoist / Robinson Way / Barclaycard one. From the Hoist letter telling me it now had the bought the debt:

                      Total balance sold: £10,800
                      Date: 8/8/2017
                      Robinson Way appointed to manage the account.

                      Action: I did one of those CCA requests, not sending £1. I got back the following:

                      A copy of the letter from Barclaycard saying the account had been sold on to HPH
                      A copy of the Hoist notification letter
                      A copy of a BARCLAYCARD CAS MART APPLICATION RETRIEVAL (their capitals!)
                      A print out of 42 pages (printed on both sides) of statements from the credit card account
                      A copy of Hoist's Notice of Assignment
                      A copy of the default notice from Barclaycard (dated June 2017)
                      A copy of 11 pages (printed on both side) of Barclaycard Conditions
                      A copy of a letter from Barclaycard to Hoist, that mainly says:

                      [COLOR=#696969]'I refer to your request for Historic and Varied Terms and Conditions for (my name)

                      I can confirm that the required documents are attached.

                      If you didn't include the £1 statutory fee with your s77-79 CCA Request it won't be valid.

                      Looking at the list of documents you received from Hoist is it possible that they mistook your CCA Request for a Subject Access Request since they sent you a Default Notice, statements, Notice of Assignment etc?

                      When (what year) did you open this Barclaycard credit card because there can be different legal requirements according to the origination of the account? Did you apply online, in a branch, over the phone, respond to a Pre-Approved letter etc?

                      Was it a Barclaycard from the beginning or could it have been an Egg, Morgan Stanley, Monument, Goldfish etc which was acquired by Barclaycard at a later date?

                      Di
                      Legal Disclaimer

                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #12
                        Thanks Diana Mayhew Interesting point and interesting questions. Yes it's possible Robinson Way mistook the request for a SAR. Application details are all on the CAS MART APPLICATION RETRIEVAL printout: application system entry date: September 2014. Application Channel: Internet Yes it was always Barclaycard. Thanks!

                        Comment


                        • #13
                          Originally posted by Fencey View Post
                          Thanks Diana Mayhew I dug out the paperwork. It was a Warrant of Control and for £279 out of the £4,180 I made two payments, tried to make a third, but lowells had withdrawn it as I'd contacted them pointing out it was causing considerable financial hardship (it was) and I was worried about it happening again (I still am)

                          I think your priority is to deal with the CCJ and the recent Warrant of Control which you have not paid/satisfied. You say Lowells have "withdrawn" it but have you had confirmation from the court of this?

                          I've been asking questions to see if you have the potential to make an Application for the Judgment to be set-aside since you say you didn't receive the Claim Form or the Order (Default Judgment).

                          Di

                          Legal Disclaimer

                          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #14
                            Thanks Diana Mayhew that makes sense. I spoke to the court on the phone and the lady said it had been withdrawn, so I couldn't make the final payment. Does making the two payments not constitute any admission on my part?

                            Comment


                            • #15
                              Originally posted by Fencey View Post
                              spoke to the court on the phone and the lady said it had been withdrawn, so I couldn't make the final payment. Does making the two payments not constitute any admission on my part?

                              From what you say you may have 'paid under protest' when the Warrant was served on you. What have Lowell said or done about the non payment since then?

                              The important issue is whether you have grounds to apply for a set-aside of the CCJ such as not living at the address where the claim form was served. Or in a block of flats so it might have gone to the wrong person (if left in a main hall etc). Can you think of any reason why you didn't receive the Claim Form?

                              I don't know enough to comment yet. But I do know you have a CCJ for over £4k which won't vanish overnight.

                              Di
                              Legal Disclaimer

                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment

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