Hoist 1 Barclaycard - Default Date 8 month after last payment - Does Sar Restart Clock

[Mrreese6018]

Hi,

Thank you for allowing me to join the forum, I have a couple of question that I would be grateful if somebody could answer for me and maybe a bit of guidance.

I have a Barclaycard debt of 4k, last payment October 2015 but default date didn't appear till June 2016 around 8 month after the last payment, when would the 6 year period start?

If I request a SAR through Barclays online section would this restart the 6 year period? The reason why I am looking at sending off a SAR request is firstly to get a copy of the default notice, Barclaycard have also sent letter out saying we incorrectly charged interest on your account in your welcome period would this cause an issue with enforceability?

I have yet to send a CCA Request off to Hoist I was planning to wait until I get the letter before action before I do this, the last correspondence I received from Hoist was an offer from hoist offering a 50% discount which ends shortly.

Thanks in advance

[PlanB]

Hello

It's good to have you on the forum where you'll get plenty of help and support from members who've experienced the same issues as you.

I wouldn't send a SAR to Barclaycard just yet because it may draw attention to yourself and Statute Barred status is your aim. It wouldn't effect your SB date but it could flag up that you're alive and kicking.

When did you open this Barclaycard?

Have you had any interaction with Hoist since they were assigned the debt, or has it been one way i.e. letters to you?

Di

[PlanB]

Barclaycard debt of 4k, last payment October 2015 but default date didn't appear till June 2016 around 8 month after the last payment

. . . I am looking at sending off a SAR request is firstly to get a copy of the default notice, Barclaycard have also sent letter out saying we incorrectly charged interest on your account in your welcome period would this cause an issue with enforceability?

I have yet to send a CCA Request off to Hoist I was planning to wait until I get the letter before action before I do this

Actually I have a few more questions which would help to put things in context.

There's a difference between a Default Notice s87(1) CCA and being Defaulted as noted on your CRA file.

You say your motivation to send a SAR would be to get a copy of the DN which suggests either you weren't served with one, or you've mislaid the one you did received. When did Barclaycard assign this debt to Hoist?

Your last payment was in October 2015 but was that the monthly contractual amount, or were you on an Arrangement To Pay a reduced amount through a DMP etc? If so when was the last contractual payment made?

Also can you add a bit more about the incorrect interest paid in your "welcome period".

I agree that it's best not to send a CCA Request to Hoist now as you're strategy is to get to SB without them looking too closely at your file.

Di

[Colin G Quinn]

Hi,

You might want to change your user name.

When you say 'default date', do you mean that is when it appeared on your credit file? The 6 year limitation period commences on the expiry of the date set out within a default notice for a consumer to pay the outstanding arrears. It is then extended with every payment or open admission of the debt made by a consumer.

Do you recall ever receiving a default notice?

A subject access request is not an admission of a debt. However, I wouldn't specifically state within the request that you want a copy of any default notice, as if there are issues with the original, or if no original was ever sent, that may prompt someone to attempt to 'remedy' the issue.

If they have accidently charged interest, that won't affect enforceability.

I don't think its best to send a CCA request to Hoist at this stage, especially if you are waiting on letter of claim. For the same reason I say I wouldn't advise you to specifically request a default notice in a subject access request, a CCA request at this stage will potentially open up deficiencies with a prospective case being 'rectified' pre-issue.

The fact you have been offered such a heavy discount may be an indication of how much confidence Hoist have in a potential claim. There are a plethora of issues they will need to prove, which can be dealt with mostly in a well pleaded defence.

[Warwick65]

Hi

You seem to understand a lot of the nuances of this business which is always good. As said the offer of a 50% discount might bode well but I've long since stopped trying to outguess debt purchasers.

While it is true there may be many points a skilled defence could argue, my view is it is much better to stay out of court if you can . A good example of this is would be NOT ignoring a letter of claim, if you do get one, then send the CCA request and also ask for the documents such as notice and deed of assignment, default notice, full statement of account etc. That might also be a good time to send a SAR to Barclays and making sure they send everything (this might mean going back and saying I want everything).

Good luck - we are here to help

These last few months/year can be the hardest

[Mrreese6018]

Wow thank you so much for your speedy replies.

I will try and keep the answers as brief as possible as I tend to waffle.

Account started 2013, I applied for it online

I got my default date from my credit file

Last payment was to bcard for minimum payment.

I have not made any contact with hoist at all.

I don't remember seeing the DN but i wasn't in a good place at the time. So let's assume I misplaced it.

In regards to the welcome period it was the offer on at the time to tempt people to sign up for a bcard, I didn't know anything until I recieved multiple letters stating we have miscalculated the interest on your account, bcard have refunded that amount to hoist. I hope that will not be classed as a payment. I will dig that letter out later.

How have hoist got my new contact number and do any laws cover the sms messages from them?

In regards to my username it from a TV show called Person of Interest, I assume hoist employ people to read through these forums.

Thanks again

[Warwick65]

Personally I do not think B/Cards payment will damage limitations as it was not authorised on you- however Hoist may try to say that a payment was made on XXXXXX so it could be very important to keep the letters from B/Card.

As for how Hoist get your new mobile number, I have no idea but did B/ card know it or is it linked to any accounts such as Facebook?

Yes I also believe debt purchasers do trawl these forums in fact threads have been submitted in the evidence bundle - don't think it was from here though.

[PlanB]

Wow thank you so much for your speedy replies.

. . . . I got my default date from my credit file . . . Last payment was to bcard for minimum payment.

I have not made any contact with hoist at all.

I don't remember seeing the DN but i wasn't in a good place at the time. So let's assume I misplaced it.

. . . . How have hoist got my new contact number and do any laws cover the sms messages from them?

And thank you for your speedy replies too

Never assume anything! If you don't remember seeing a DN it may be because they didn't send you one. I wouldn't send for a SAR right now, wait and see how things unfurl first.

I asked about your last contractual payment to see whether Barclaycard should have defaulted you even sooner if you were in a DMP or not paying/missed contractual payments for a period of 3 - 6 months earlier than October 2015. It seems not.

There is a forum Template Letter about harassment if you get too many calls etc but I definitely wouldn't send that because you'll be acknowledging that you've received those calls and texts.

At the moment it might be auto-dial contacting you so Hoist may have no idea whether that number is correct. Do you have voicemail set up which says who you are when anyone calls? That of course would identify you.

Have you moved house at any stage (or just changed phone numbers) - if so, are Hoist writing to your new address or old address?

I'm checking so you can be alert to any potential for them to serve a claim on your old address resulting in a Default Judgment (CCJ) if you didn't receive the claim form. I say this because Royal Mail Redirect don't forward NCCBC claim forms. However you're getting offer letters from them so all should be fine if they have your current address.

If they consider legal proceedings they would instruct Howard Cohen solicitors who would need to send you a formal Letter of Claim giving you 30 days to reply (or not).

Post on your thread if you have any more questions.

(Do you have any other debts which you would like help with?)

Di

[Mrreese6018]

Thank you so much for the advice.

So basically my plan is to sit back and let hoist put their cards on the table before I show mine, I will keep you all posted with what goes on, the offer from hoist will expires shortly so let's see what happens next. I don't feel as trapped or worried about thing as I did so thank you all again.

[PlanB]

basically my plan is to sit back and let hoist put their cards on the table before I show mine . . . I don't feel as trapped or worried about thing as I did

You're welcome

This forum's purpose is to help people not to feel bullied or intimidated into paying money which they may not lawfully owe especially when they may be vulnerable or simply in debt through no fault of their own.

Nobody wakes up and says "today I will walk the dog, pick up the dry cleaning, and get into debt". Stuff happens when life throws you a curved ball such as redundancy or health issues etc.

It's a legal argument not a moral argument.

Keep in touch.

Di

[Mrreese6018]

Morning all

I apologise for disturbing people on a Saturday, I have been clearing up my paperwork draw and going through some stuff by our friends Hoist.

I had received to letter from B/card one to say they have incorrectly charged Default fees and have refunded and a separate letter in relation to we charged you too much interest and again refunded to hoist would any of these letters have an impact on enforceability.

Secondly, I have never received an annual statement from hoist in regards to this matter is this something that they would need to do.

Thirdly I received an Assignment letter which was allegedly from Bcard but is black and white and looks like it was from Robinson way and they have just used the Bcard logo


Thanks in advance

Mr Reese

[Warwick65]

Annual statements are a necessary part of a debt purchaser managing your account. Twice I got 6 envelopes with 6 years of annual statements . As for the refunds, it doesn’t make the debt any more enforceable although it might cause them more problems regarding incorrect amounts on DNs etc

[Roger]

Barclaycard refunds wording implies miscalculation on the charges/interest applied to the running of the account. Which it would seem would also have to be contrary to the Agreement terms!

It means going back and recalculating the minimun payments and hence outstanding debt from the time of when these charges/interest were applied to the account!

This is why it can't be simply taken of the value of the Debt!

Barclaycard could be responsible for driving a consumer into a default that they might have been able to avoid if these charges/interest hadn't been applied and thus destroying their CREDIT for up to six years!

Think of the PPI saga

[Roger]

Barclaycard refunds wording implies miscalculation on the charges/interest applied to the running of the account. Which it would seem would also have to be contrary to the Agreement terms!

It means going back and recalculating the minimum payments and hence outstanding debt from the time of when these charges/interest were applied to the account!

This is why it can't be simply taken of the value of the Debt!

Barclaycard could be responsible for driving a consumer into a default that they might have been able to avoid if these charges/interest hadn't been applied and thus destroying their CREDIT for up to six years!

Think of the PPI saga

Just to add more information to the above with reference to HSBC , M&S , First Direct, John Lewis Finance between 2010 and 2019
MoneySavingExpert Martin Lewis issues warning to HSBC customers as bank sends refunds in the post - Cambridgeshire Live (cambridge-news.co.uk)

"..
Customers who banked with HSBC, First Direct, Marks & Spencer bank or John Lewis Finance between 2010 and 2019 have been receiving compensation payouts since mid-2020 in the post.
HSBC, which owns all four lenders, is now issuing further refunds for fees and interest charges incurred over the nine-month period.
.."

What I have already pointed out reference Barclaycard refunds applies to HSBC etc..

If your were banking with these Banks over this period and have now DEBTS then make a note of the above for your records! Fees and interest charges incurred are part of the CCA Agreement! And if wrongly applied then it throws into doubt the CCA itself as well as the figures on subsequent Default Notices and Assignments.

It can't be simply taken off of the value of the Debt!

Elsewhere thisismoney.co.uk 125 Dec 2020
The FCA quoted ".. risked making consumers financial positions worse.."

[Spud]

Hi and welcome to the forum

It seems that you are getting a good feel of the way forward and you are certainly in good company here

As others have said, But I just wanted to convey the importance of it too, The one thing that is quite apparent to me is that you are nearing the date where this will become Statute barred and as such the main aim here is to sail on through to that by all means possible. This will certainly mean without bringing any unwanted attention to yourself and "playing the game" as it were. You would not want to be waking any sleeping dogs at this stage

You have absolutely done the right thing posting up here and you need to be on your guard now for any letters that arrive. I would suggest you post up as and when you get any correspondance and obviously dont respond without maybe checking with the community here or speak with any companies over the phone. Keep everything in writing. Keeping a cool head now will likely serve you well in the coming months

If people on here ask specific questions, It is because they need to get a true understanding of your position to assist you all they can

Hang in there and post up whenever you feel the need, You are in good company here and there are always people about who have "Been there" and have a first hand understanding of how it can get sometimes