Barclaycard CCA valid??

[Janeh68]

Hi all,

Apologies if I’m repeating myself here. I posted in the welcome thread but it seemed to run so not sure if I did something wrong.

I have been recommended to your site by Sara at Debt Camel. I need some advice about my request for a CCA. I sent the standard letter requesting a true copy of the original credit agreement with the usual 12 day time limit. I sent the letter in December 2017 and heard nothing more from them until the beginning of may 2018. Due to some difficult personal issues I didn't respond in anyway to their letter and to date I've not heard anything more from them. The advice I need is how valid the document is that they've sent and also the timescale they've taken to send it. I understood they had 12 working days so where do I stand with the fact they've taken nearly 5 months. I am happy to upload the document if it helps. TIA J

[Janeh68]

Anyone????

[R0b]

Hello

Difficult to say what is correct and incorrect without actually seeing the documents. I would suggest you post up a redacted version of what you've received and then we can comment on your current position.

I've tagged Amethyst for guidance.

[Amethyst]

Hiya, I'll just find your other thread and see where you're at xxx Apologies for late reply, I was away over the weekend.

[Amethyst]

The time limits don't really have any effect other than while they are between the 12 days and provide the documents they are unable to enforce the agreement/debt.

Now they have provided the documents they will be able to proceed with collection activity.

Do you know when the agreement was taken out ? and when it defaulted ? Both sets seem to be from after 2010 - one set from January 2014 by the looks of it - so maybe that's the second set that were in force when the account defaulted?

The debt is still owned by Barclaycard and hasn't been sold on to a debt collection agency ? Robinson Way usually deal with Hoist Portfolio debts - so has the debt been sold to Hoist as far as you know? Who did the CCA request go to ? ( just as it's been replied to by Barclaycard and their antique typewriter )

Any dispute on the debt or it simply became unaffordable ?

[Janeh68]

Thank you Amethyst. I have just realised that name and address is on the conditions pdf. I missed it would you be able to remove for me please?

[Amethyst]

Yip two tics - okay done I've got copies xx

[Janeh68]

Hi Amethyst,

the debt became unaffordable due to unemployment and ill health and stupidly I then stuck my head in the sand and ignored it. Because I didn’t see the last couple of statements I don’t know how much of the default balance is made up of charges fees etc added by either Barclaycard/Hoist/Robinson Way. The card was taken out around 2010/2011 as a balance transfer which was paid off in full. It started with a credit limit of £7,000 and on paying it in full they then reduced the limit to £750. I’m assuming the debt was bought by Hoist as it’s them who have registered the entry on my credit file but recent correspondence has come from Robinson Way as acting on behalf of Hoist. I sent the CCA request to Robinson Way who took nearly 5 months to send anything back and are the documents you’ve seen. In addition to that they sent a very random statement of account which was an incomplete statement. It consisted of of 4 pages one for the month of November 2012, 2 identical/duplicate pages for November 2013 and 1 for the month of January 2014. These pages are for these months only and nothing in between not even the final statement leading up to the default. I don’t have the notice of default or notice of assignment to Hoist. Would it be worth doing a SAR to Barclaycard, Hoist and Robinson Way to see what info and documents they do have? I’m dubious as to whether the letter is genuine from Barclaycard as it doesn’t have the correct coloured logo. I appreciate that if Barclaycard genuinely sent the letter via Robinson Way then a photocopy would be made but surely if the letter was addressed to me then Robinson Way should send me the original.
Hioe that covers everything but please let me know if you think I’ve left anything out.

[Amethyst]

Barclaycard do use that dodgy typewriter so I expect it is direct from them, although in reality they should send the documents to the current owner, not to you, as you sent the request to Hoist NOT Barclaycard, so Hoist might not even have copies.

Yes I reckon a SAR to the lot of them is a good idea … now it's free and you're not in a major rush ( just waiting to see what comes next really from Hoist) you may as well gather all the information possible to figure out how to handle things.

Are you paying this in a DMP or anything at the moment.

When you took the card out for balance transfer, did you know it would reduce down once the balance was paid up?

[Janeh68]

Hi

I sent the CCA request to Robinson Way and they sent me the documents which included the letter from Barclaycard addressed to me.

I’ll get on and send SAR to all three and see what comes back.

With regards to payment i havent paid anything since before the default date and not in DMP. I’ve only just started to try and sort things out. Also not in a position to pay anything at the moment as not working due to recovering from surgery but hope to be in a better position in a couple of months as I said just trying to get a full picture and get a full picture of what’s outstanding and needs paying by priority.

When i opened the account I wasn’t aware that it would be reduced down although I did see in the T&Cs that they reserve the right to reduce credit limit on notice.

J