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Letter before action barclaycard

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  • Letter before action barclaycard

    Hello
    i am hoping for some advice on my situation
    i have recieved letter with pre action protocol pack from robinson way regarding an old barclaycard debt which i thought was statute barred
    i requested cca request back in 2016. The info they sent consisted of statements and terms and conditions
    the final statement was dated oct 2010 which is why i assumed it to be statute barred. Also included was a photocopy of the original agreement signed by me in 2005 along with copies of the t and c. Strangely iv also got some thing from barclaycard which i dont remeber applying for. Their letter states its a recostituted copy of the original agreement but in actual fact is a copy of the t and c and no signed copy of anything.

    robinsayway sent the pre action letter a couple of months ago,, i replied saying its statue barred. They have now replied that a final payment was made to the original creditor on March 2012..this statement is not included in the cca request they sent to me.

    please advise.what i should write back..should i ask for a statement of the final payment. Do they need to prove via the cca request that a payment was made in the last 6 years...or they just need to show it at court?
    there is only a month and half to go until its statute barred and i am hoping to tie them with complaints until march
    thanx in advance
    Last edited by Moomoo1212; 3rd February 2018, 12:02:PM.
    Tags: None

  • #2
    Well i have just called barclaycard and they have confirmed the dcas story
    so i just over a month until its statute bArred, any advice as to how i can wind down this time?

    Comment


    • #3
      Helloooo...anyone there?

      Comment


      • #4
        send a SAR to Barclays cost £10.00 they have 40 days to supply all document etc regarding your account, never take telephone operators word unless there is a real time lapse to respond to your call whilst they search? also they seem by what you say not complied with CCA1974 request for actual copy of pre-2007 alledged agreement sure others will respond also, see what they say, it is the weekend and only volunteers on here, so be patient Subject Access Request Letter


        Comment


        • #5
          Hi,

          You need to verify that payment Barclaycrud's account maintenance has been suspect in the past. How much was paid, how was it paid and by whom.

          What is the default date on the account?

          Please be aware that the 6 year clock stops on the date a claim is issued.
          nem

          Comment


          • #6
            Hi nemesis and mike... Thanx for your reply

            the barclays operators was the collections dept and amount and date matches what robinson have said without any prompting from me
            i dont know when the default date is...from the stack of statements they sent me the last payment was in dec 2010 but now they are saying its march 2012... This does does not appear on any of the statements and they havent sent any proof of this payment...

            as for the the agreement..it seems like an actual copy of the original with my signature on it which im lead to believe is ok

            Comment


            • #7
              Originally posted by Moomoo1212 View Post
              i have recieved letter with pre action protocol pack from robinson way regarding an old barclaycard debt which i thought was statute barred
              i requested cca request back in 2016. The info they sent consisted of statements and terms and conditions
              the final statement was dated oct 2010 which is why i assumed it to be statute barred. Also included was a photocopy of the original agreement signed by me in 2005 along with copies of the t and c. Strangely iv also got some thing from barclaycard which i dont remeber applying for. Their letter states its a recostituted copy of the original agreement but in actual fact is a copy of the t and c and no signed copy of anything.

              Is this debt now owned by Hoist Portfolio not Barclaycard (I'm guessing that) and if so when/what year was it assigned from Barclaycard to Hoist?

              Was the 'Pre Action Protocol pack' sent to you by Howard Cohen Solicitors not Robinson Way?

              Where did you send your CCA Request in 2016? Was it to Hoist, Robinson Way or Barclaycard?

              What was the "something" you got from Barclaycard which you don't remember applying for?

              Have there been two CCA Requests sent?

              Did you open the account being chased by Robinson Way in 2005, and if so how did you open it such as online, following letter invitation, in branch?

              How much is the outstanding balance according to Robinson Way?

              Your next step will depend on the answers to my questions.

              Di

              Comment


              • #8
                Hi Diana thanx for your reply. I will try answer your questions but sadly I don’t have answers to all of them as I assumed it to statute barred and threw away some paperwork

                this is now with hoist and Robinson way

                the pre action protocol was sent by Howard cohen

                I first received a court action threat just over two years ago. After taking advice from another site a sent off a ccca request. One was definatly sent robinson. But not sure if I was advised to send one to Howard Cohen. This was on 12/2015. Robinson then mischievously added the £1 to the debt which took a lot letter writing to sort out. They replied to the cca request one and had years later in July 2017. In the meantime Barclays also replied to the cca request on may 2016. I don’t remember asking them for anything but the agreement they sent was blank. No signatures. The ones robinson sent has my signature

                there is only one cca request

                i cannot remember how I applied. Used to work for Barclays at the time.

                £1820

                Comment


                • #9
                  Letters

                  Comment


                  • #10
                    More

                    Comment


                    • #11
                      Originally posted by Moomoo1212 View Post
                      sent off a ccca request. One was definatly sent robinson. But not sure if I was advised to send one to Howard Cohen. This was on 12/2015. Robinson then mischievously added the £1 to the debt which took a lot letter writing to sort out. They replied to the cca request one and had years later in July 2017. In the meantime Barclays also replied to the cca request on may 2016. I don’t remember asking them for anything but the agreement they sent was blank. No signatures. The ones robinson sent has my signature

                      there is only one cca request

                      i cannot remember how I applied. Used to work for Barclays at the time.

                      Do you mean you got a 'credit agreement' document in response to your CCA Request direct from Barclays in May 2016 and then another (different) 'credit agreement' document in response to your CCA Request direct from Robinson Way in July 2017?

                      I hope that's what you meant

                      Di

                      Comment


                      • #12
                        And last ones from robinson
                        Attached Files

                        Comment


                        • #13
                          The Barclays ones seem to to be just rand c with a cancellation box. I am posting them up now

                          Comment


                          • #14
                            Originally posted by Moomoo1212 View Post
                            More

                            Your name, address and personal details are on that form. You need to remove those to protect your identity.

                            Di

                            Comment


                            • #15
                              The first letter is from Barclays to hoist in 2017 and was sent to me with Robinson’s cca

                              Comment

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