Barclaycard | Robinson Way | Hoist

[Fencey]

Thanks Diana Mayhew I completely understand. The only way it could have not reached me is if the landlord I rent off took it. I don't expect it to vanish of course. Robinson Way has been surprisingly reasonable and just given me another 30 days as I explained the considerable stress this was causing. I also want to ensure the other debts to not go to CCJ. Two are pretty big. Thanks for looking at this.

[Joanna Connolly Solicitors]

Robinson Way has been surprisingly reasonable and just given me another 30 days as I explained the considerable stress this was causing.

Have you received a 'Letter of Claim' from Howard Cohen solicitors for this Hoist (ex-Barclaycard) debt?

The "30 days" deadline caught my eye.

Di

[Joanna Connolly Solicitors]

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.

CSL is a Debt Collection Agency so can't issue legal proceedings since they don't own this debt - it's apparently owned by PRA who would have to prove they owned the debt if they issue a claim against you, which they failed to prove when they took me to court for two ex-MBNA credit cards >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”


So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

I suggest you send a Subject Access Request to MBNA to see what information and data they hold because if it's not in MBNA's files then PRA won't be able to source it

Always keep one step ahead of a debt purchaser!

Di

[Fencey]

That's grand advice Diana Mayhew thanks Is there any reason I should not take the same step with all the outstanding debts or at least the largest two or three? thanks again, Fencey

[Roger]

That's grand advice Diana Mayhew thanks Is there any reason I should not take the same step with all the outstanding debts or at least the largest two or three? thanks again, Fencey

The timing of a SAR ( GDPR AND FREE NOW) is important because it should also show a DCA's queries etc.. which can be very revealing!! To soon and this imformation will be missing. If the CCA is outstanding all the more reason to let sleeping dogs lie!.
Each Case is different and this again is where the individual Diary records can be really important as to timing!

[Joanna Connolly Solicitors]

Hello

Is there any update on these two debts currently assigned to Hoist and PRA?

Di

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.

__________________________________________________

[Joanna Connolly Solicitors]

Post moved from another thread >

Gosh thanks ever so much for remembering. I was just thinking about this last week. Over lockdown it was, of course, all quiet for some time. I have still heard nothing from Hoist or HC.

However,
Robinson Way popped up at the end of July, resending all the paperwork I asked for in the non-valid s77-79 CCA Request earlier in the year (I hadn't asked for it to be sent again)
PRA Group chimed in at the end of June with a Coronavirus-themed approach
Resolve Call has popped up too, saying it now has the CABOT handled debt
Lowell also surfaced at the end of June with a standard 'we'd like to discuss your options' letter

It's proving a bit more challenging to secure another contract for obvious reasons too, so I don't want to be bitten by any of the above when down, and don't trust incumbent government not to make moves to give our friends in these debt collecting companies more powers.

Any recommendations welcome.

Thanks ever so much once again and I hope you and yours are okay.

Thanks!

[Fencey]

Thanks for moving the post! DUH! Just goes to prove there's no such thing as multi tasking, there is just doing multiple things badly though...

[Perth81]

I was wondering if what Robinson way sent from Barclaycard which is basically a copy of an online application satisfies the Cca request.In my case , very similar to yours, i asked for a Cca detailing that i need within it interest rates, payment amounts , debt assignment to Hoist and i only received an online application screenshot.Would it be used as a strong point in filing my defence by saying i asked 1,2,3,4 and i was sent just 1?

[Timewilltell]

Perth81 Might I suggest That you start your own thread? It will help the forum to keep two different persons accounts and therefore suggested actions clear.
it sounds as though you may have a Letter of Claim issued to you?

[Joanna Connolly Solicitors]

I was wondering if what Robinson way sent from Barclaycard which is basically a copy of an online application satisfies the Cca request.In my case , very similar to yours, i asked for a Cca detailing that i need within it interest rates, payment amounts , debt assignment to Hoist and i only received an online application screenshot.Would it be used as a strong point in filing my defence by saying i asked 1,2,3,4 and i was sent just 1?

Hello Perth81

You mention "filing my Defence" so does this mean you have been served with a county court claim by Howard Cohen Solicitors on behalf of Hoist?

If so time is of the essence so can you give me a little more information.

What is the Claim Issue Date and how much is the Claim (in round figures not exact amount). There are different legal avenues depending on the value of the claim.

You're focussing on the Barclaycard credit agreement but there may be other legal arguments that could help. It's risky to go into battle with just one legal argument in case a DJ rejects it. You need others to fall back on.

Has anyone taken a look at the credit agreement you were sent to see whether it's enforceable or unenforceable?

Di

[Joanna Connolly Solicitors]

Thanks for moving the post! DUH! Just goes to prove there's no such thing as multi tasking, there is just doing multiple things badly though...

Have you heard anything more from Hoist or PRA since August?

They have both started to send out Letters of Claims again.

Di

[Fencey]

Have you heard anything more from Hoist or PRA since August?

They have both started to send out Letters of Claims again.

Di

Hello Ma'am! What a coincidence. Yes. A Hoist LOC arrived today.

[Fencey]

Have you heard anything more from Hoist or PRA since August?

They have both started to send out Letters of Claims again.

Di

GREAT timing on the part of our friends @ Hoist, just as we tumble into the midst of Lockdown #2 and it's harder than ever to find another contract. While I have my fair share of financially-based worries, I absolutely feel for those less thick skinned than me and more vulnerable. This could barely have been more poorly timed.

[Joanna Connolly Solicitors]

Hello Ma'am! What a coincidence. Yes. A Hoist LOC arrived today.

I must be psychic

Email me Howard Cohen's Letter of Claim using di@joannaconnollysolicitors.co.uk to see what they intend to claim and why they think they have the right to claim it.

If I've got the right debt (below) you sent a CCA Request but not the £1 statutory fee? Don't send another one until everything becomes clearer (or at all).

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.

__________________________________________________


__________________________________________________


THANKS.

Fencey

Di