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Barclaycard - request for CCA and Terms and Conditions

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  • Barclaycard - request for CCA and Terms and Conditions

    Hi,

    A couple of months ago I received Pre- court action paperwork from Robinson Way. I requested a CCA and the relevant terms and conditions. I also requested an account statement.

    A couple of days ago I was sent the following paperwork ( attached) . Does the application counts a CCA? Does it matter that the dark areas are eligible? The date of the application was 1995 if it makes any difference.

    Are the terms and conditions sent enough?¬* There is no date on them so I have no way of knowing if they are the correct documents. Also could someone please explain the letter about the terms and conditions as I have no idea what it means.

    Any help would be greatly appreciated as I have no clue what I am doing despite spending hours trying to find my answers.

    Thank you ¬*
    Attached Files
    Tags: None

  • #2
    Hi,¬*
    The app/agreement is not easily legible, and there seems to me that the " terms and conditions " may not be complete.
    Are there any " version" numbers on the T's & C's?
    Can you see if there are any further T's & C's mentioned in those documents (e.g. see xxx of terms 123) that do not appear anywhere in what you have received.

    nem
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • #3
      Thank you Nem for the reply, I really appreciate it.

      I will take another close¬* look at the documents after work. Thanks again ¬*

      Comment


      • #4
        Originally posted by monty park View Post
        A couple of months ago I received Pre- court action paperwork from Robinson Way. I requested a CCA and the relevant terms and conditions. I also requested an account statement.

        A couple of days ago I was sent the following paperwork ( attached) . Does the application counts a CCA? Does it matter that the dark areas are eligible? The date of the application was 1995 if it makes any difference.

        Are the terms and conditions sent enough?¬* There is no date on them so I have no way of knowing if they are the correct documents. Also could someone please explain the letter about the terms and conditions as I have no idea what it means.

        You say you've received "Pre-court action paperwork" from Robinson Way so was this a formal 'Letter Before Claim' from Howard Cohen solicitors on behalf of their client Hoist? If so when you replied which box did you tick (A, B, C or D)?

        Was your request for the credit agreement a formal s 77-79 CCA Request together with the £1 statutory fee which may protect your legal positon? Or was it a request for documents entered in Box I in Section 4 which doesn't protect your legal position.

        Illegible documents can sometimes be remedied with a reconstituted document so don't rely too heavily on that potential legal issue.

        The letter from Barclaycard appears to refer to a third party making the request on your behalf so would that be an advisor of some sort (unless I've misunderstood the first paragraph)?

        How much is the outstanding balance on this ex Barclaycard debt and when did you last make a payment towards it or acknowledge it and when was it defaulted?

        Di

        Comment


        • #5
          Hi Di,

          Thanks for replying.

          Yes, it was a formal letter before claim. I ticked the box saying I was unsure if it was my debt and asked for further documents on the form. ( I didn't make a separate formal request with the £1 fee.)

          Can they rely on a reconstituted document even though it was taken out in 1995?¬*

          I was paying the debt at £200 a month for years and then received a letter back in 2014 from Robinson Way to say the debt was now paid in full. I honestly don't think it was but I had many more debts to focus on so I left it.( don't know what date the last payment was exactly ) I still have the letter. I didn't hear from them for 4 years and have now received the pre court documents saying I owe £4542.¬* Do you think it's worth producing the letter and arguing that it was paid in full or will they just say the letter was sent in error?

          Sorry if it's confusing - I really am out of my depth here.

          Thank you so much for your help.

          Comment


          • #6
            Originally posted by nemesis45 View Post
            Hi,¬*
            The app/agreement is not easily legible, and there seems to me that the " terms and conditions " may not be complete.
            Are there any " version" numbers on the T's & C's?
            Can you see if there are any further T's & C's mentioned in those documents (e.g. see xxx of terms 123) that do not appear anywhere in what you have received.

            nem
            Hi Nem, I've looked and there are no version numbers or references to other t and c's. Thanks ¬*

            Comment


            • #7
              Originally posted by monty park View Post
              it was a formal letter before claim. I ticked the box saying I was unsure if it was my debt and asked for further documents on the form. ( I didn't make a separate formal request with the £1 fee.)

              I was paying the debt at £200 a month for years and then received a letter back in 2014 from Robinson Way to say the debt was now paid in full. . . . . I still have the letter. I didn't hear from them for 4 years and have now received the pre court documents saying I owe £4542.¬* Do you think it's worth producing the letter and arguing that it was paid in full or will they just say the letter was sent in error?.

              You need to send a formal s 77-79 CCA Request immediately. You must include the £1 statutory fee. Send it Royal Mail Recorded Delivery.

              Until or unless they comply with your request the debt will be unenforceable in court.

              Send it to Hoist (the debt owner) with a copy to Howard Cohen solicitors so that they are aware of their client's statutory obligations.

              It's unwise to guess at the 'enforceability' of a debt based on your redacted documents. It would be wrong to give you a false sense of hope especially when there is the possibility for any flaws to be remedied such as Ts & Cs dates or better/legible copies of the originals produced further down the line.

              Send a Subject Access Request to Barclaycard to get the full history of the account so that you're prepared in the event a claim is issued. That way you'll know what documents and information exist which you can use to compare with any reconstituted documents produced.

              There are more ways to defeat a claim (which you've not received) than the credit agreement. Have you been served with an annual Notice of Sums in Arrears (s 86)?

              And Hoist are unlicensed too.

              Since you say you think Robinson Way made an error when they sent you that letter (which I've not seen) stating the balance had been cleared in full in 2014, you may need to do your own discrete background research before you flag it up at this stage.

              Di

              Comment


              • #8
                Thanks Di. I will sent of the s 77-79 and the SAR straightway. Would doing either of those things constitute acknowledging the debt and resetting the six years?¬*

                I've not been served with an¬*annual Notice of Sums in Arrears (s 86). Could I asked what it means that Hoist are unlicensed?¬*

                Thanks again for your help.

                Comment


                • #9
                  Hello, can anyone help!!

                  I received a Notice of Assignment from Hoist Portfolio back in July 2017 saying Barclaycard has assigned a debt to them. Robinson Way keep sending letter, texts , calls but I have never replied or acknowledge the debt. There is nothing on my credit file owing anything to anyone as of today. I think the debt is statute barred but I can not be sure. I think it was an old Egg card bought by Barclaycard but I can not remember as it was terminated in 2005 and there is no default recorded on my credit file. The last letter I have received last week from them telling me they will take court action if I do not contact them.

                  My question is if they wanted to do anything why wait 6 months? I have no idea if I paid any money to anyone for this in the last 5 years or more. I just do not know what to do.

                  Many thanks in advance..



                  Comment


                  • #10
                    Hello Di, can you hepp!!

                    I received a Notice of Assignment from Hoist Portfolio back in July 2017 saying Barclaycard has assigned a debt to them. Robinson Way keep sending letter, texts , calls but I have never replied or acknowledge the debt. There is nothing on my credit file owing anything to anyone as of today. I think the debt is statute barred but I can not be sure. I think it was an old Egg card bought by Barclaycard but I can not remember as it was terminated in 2005 and there is no default recorded on my credit file. The last letter I have received last week from them telling me they will take court action if I do not contact them.

                    My question is if they wanted to do anything why wait 6 months? I have no idea if I paid any money to anyone for this in the last 5 years or more. I just do not know what to do.

                    Many thanks in advance..

                    Comment


                    • #11
                      Originally posted by monty park View Post
                      Thanks Di. I will sent of the s 77-79 and the SAR straightway. Would doing either of those things constitute acknowledging the debt and resetting the six years?

                      I've not been served with an annual Notice of Sums in Arrears (s 86). Could I asked what it means that Hoist are unlicensed?

                      Thanks again for your help.

                      Have you heard anything more from Howard Cohen in response to your CCA Request following their Letter Before claim?

                      Di

                      Comment


                      • #12
                        Originally posted by magicaljems View Post
                        Hello Di, can you hepp!!

                        I received a Notice of Assignment from Hoist Portfolio back in July 2017 saying Barclaycard has assigned a debt to them. Robinson Way keep sending letter, texts , calls but I have never replied or acknowledge the debt. There is nothing on my credit file owing anything to anyone as of today. I think the debt is statute barred but I can not be sure. I think it was an old Egg card bought by Barclaycard but I can not remember as it was terminated in 2005 and there is no default recorded on my credit file. The last letter I have received last week from them telling me they will take court action if I do not contact them.

                        My question is if they wanted to do anything why wait 6 months? I have no idea if I paid any money to anyone for this in the last 5 years or more. I just do not know what to do.

                        Hello magicaljems

                        I've only just seen your post.

                        Why not start a new thread for your own Hoist Portfolio debt and tag me for help if you need it using Diana M . Or you could ask Admin to move your posts to a new thread where you can get help.

                        Was that last letter from Robinson Way or from Howard Cohen?

                        Di

                        Comment

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