RobinsonWay - Statute Barred Status?

[debtwarrior]

Hello All,

I have been reading and getting advice from here which is great - fantastic community!

I wanted to ask my question for assistance please:

Scenario:
The DCA wrote to me a while ago (I believe in May 2018) for an old Egg credit card (acquired by Barclaycard) which I didn't recognise as it was very long time ago.

I responded in April 2018 (or thereabouts) for a CCA request which I had not heard back from. They acknowledged the request at the time and asked for 40 days. After this I hadn't heard back.

In December 2018, I had sent a follow up to ask for my CCA request to also show when the last payment was made.

The last payment to them was May 2012 which I believe now renders this statute barred.

Can you please advise and how to best proceed (with templates if possible)?

Thanks in advance for your help!

[Amethyst]

Sounds like it may well be statute barred, and they are in default of your CCA request - so I'd combine the two issues in your letter telling them to bog off.

This is an example basic SB letter that you can amend to suit your circumstances to respond to the latest letter you have received from Hoist/Robinson Way.

Add something in like " In addition I would remind you that you are currently in default of a formal request for a copy of the original agreement and terms on this account. The formal request was made pursuant to section 78 of the Consumer Credit Act 1974 in a letter dated xxxxxx 2018, with which I enclosed the statutory fee of £1. I further requested the documents in December 2018 however you have yet to provide me with copies of any of the required documents. I am sure you are aware that pursuant to s.78(6) you are unable to enforce the agreement whilst in default. " then, the "I await your written confirmation" bit in the example, and then it covers both issues and hopefully they'll simply go away.

The onus of proof is on them to evidence otherwise. A credit card, particularly Barclaycard, may well have stayed live for some time after the last payment, so be aware of that and that they may come back saying the account didn't default until December / January so is in time - hence being careful your letter isn't acknowledging the debt. Of course there are arguments against using the default date as cause of action, but it is something to be aware of. Anything show at all on your credit file from Barclaycard or Hoist ?

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.

Yours faithfully

(Your signature)

(Your Name)

[debtwarrior]

Hi Amethyst,

Thank you very much for the swift response!

There is currently nothing on my credit file from Barclaycard or Hoist for this card.

I am just looking through the envelope that I received pending my follow up email re: the account, and I have the following:
1. an Egg credit card agreement (terms and conditions) - no signature, looks like standard docs
2. Barclaycard credit card agreement (terms and conditions) - no signature, looks like standard docs
3. Statement copy dated 24/05/2012 showing a payment credit of £200 on 17/05/2012
4. A letter from Barclaycard (dated 29/11/2017 - I may have made the CCA request sooner than I thought! - apologies!) saying that the full outstanding is due (but this account has most definitely been handed to DCA)

I am quite keen to get this letter sent off - do you advise I do this ASAP. What would be the worst case scenario if they try to say that it is still within time?

[Amethyst]

Do you have an idea when Barclaycard actually defaulted the account - does the statement showing the £200 payment show the account as closed/defaulted etc ? However if it has already fallen off the credit file then the default date is likely to have been over 6 years ago as well.

[debtwarrior]

Hi Amethyst,

Thank you for your response.

I have actually already sent off the SB letter and am awaiting response. But for your reference, I am attaching pics of the last 2 statements from the letter I received from them.

Thoughts?

Regards

[Amethyst]

Ahh good, so looks like it was charged off ( so either terminated or defaulted - it doesn't say ) on 27th July.

Your letter in April was a standard CCA request and not acknowledging the debt ( as at that time you didn't recognise it in any case ) so that combined with the statement showing a final date of 27 Jul for Charge Off and the final payment being confirmed as in May 2012, you are likely correct that it is statute barred so long as nothing has been paid in the meantime. See what they come back with, if they argue that it is not statute barred then you want to go back to them and request a copy of the default notice.

I'd also now send a SAR to Barclaycard to set your own mind at rest and enable you to later check any dates given by Hoist. BC should provide screennotes of the account which should show the default/termination date. Subject Access Request Letter

[debtwarrior]

Thank you very much! Appreciate your help

[debtwarrior]

Amethyst

Hi Amethyst,

I wanted to write as a follow up to my previous message where I had sent a statute barred letter and to show you the response I received - please see attached.

What does this now mean? It seems like they have completed ignored my statement and avoiding the SB status. What are the next steps to this/how do I repsond?

Many thanks in advance.

Kind regards

[Amethyst]

Looks like a bog standard auto letter, I'd just file it away.( unless you want to settle for a % of course )

[charitynjw]

CONC 7.15.8
R
01/04/2014
RP

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.



[Note: paragraph 3.15b of DCG]

https://www.handbook.fca.org.uk/hand.../?view=chapter

[Amethyst]

Indeed, but I wouldn't bother going back to them on the back of this letter ... if they start chasing and not just sending random auto letters periodically then you can requote the fca stuff from the original letter - else is let it lie until they actually respond to the letter one way or the other.