Robinsons Way

[Lapin77]

Hi All,

I've recently sold my house and paid off all my debts ( yey me ) or so I thought and all of a sudden ive received 1 letter Friday and another Monday from robinsons way claiming I owe XXX for a credit card to Barclays and if I don't reply or call them by the 20/08/17 they will start court proceedings ( they have only sent me 2 letters in 4 days ( week end included ) its all a bit harsh and unexpected !!!
I'm not saying I don't owe it it's just A I can find anything on this old credit card bill so I don't know how many charges etc have been added and B I don't know who this company is and have read on the internet they are not very nice people to deal with so v worried.
Do i ask them for a CCA ?

Thanks for any help feed back !!!
Emilie

[Kati]

Re: Robinsons Way

Personally I would be sending a CCA request (although others may suggest a 'prove it' letter first)

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=98117]warwick65[/MENTION]

[Lapin77]

Re: Robinsons Way

What is a prove it letter ? Sorry Im new to all of this !!

[Amethyst]

Re: Robinsons Way

Yeyy you indeed ! It is nice to have that weight off your shoulders.... just a bummer Rob Way are trying to ruin your enjoyment of freedom lol. They'll probably have seen debts being paid up on your credit file or something so trying to get in quick, or the debt is near statute barring...

Rob Way don't generally take court action themselves, normally the debt actually belongs to Hoist or another debt purchaser - do they say who actually owns the debt ?

It would be a good idea if you can do a pic of the letter , remove your details and post it on here to see if its actually a letter before action... if it is then I would respond to them and ask them for more detail about the alleged debt - put that you do not acknowledge the debt at the top of the letter. Do you have any idea when you last had anything to do with Barclaycard ? Any chance it could be statute barred ? ( 6 years )

You'd send a CCA request separately, but lets check the timescales first.

[Lapin77]

Re: Robinsons Way

Your right it's hoist portfolio holding limited ... how do I upload a picture of the letters I'm using my iPhone so not sure it will work with the iPhone ??
Im guessing the credit card is 2012/13 so not over the 6 years mark ...

[Kati]

Re: Robinsons Way

Your right it's hoist portfolio holding limited ... how do I upload a picture of the letters I'm using my iPhone so not sure it will work with the iPhone ??
Im guessing the credit card is 2012/13 so not over the 6 years mark ...

you could email it to me (with a link to this thread) and I'll pop it up for you xx

[Lapin77]

Re: Robinsons Way

you could email it to me (with a link to this thread) and I'll pop it up for you xx

Thanks just emailed you with both letters xx

[Kati]

Re: Robinsons Way

got them xx

[Lapin77]

Re: Robinsons Way

So should I just send a CCA and wait and see what happens ??
Any ideas after seeing the letters ?!

[warwick65]

Re: Robinsons Way

Hi

Sorry been a bit busy since earlier

Is this letter from RW only and not a solicitor , I am afraid the letters are too small for my old eyes to read

I would be getting a S78 request off asap

If any of the letters actually do say we will issue court proceedings as opposed to may then here is one I would also send

Dear Sirs
Ref: Enter as per letter received.
Thank you for your letter dated Pick the date on letter you are responding to. . As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original Type agreement or contract as appropriate.;
2. The Default Notice;
3. The Notice of Assignment; Delete if the account has not been sold.
4. Statements of account;
5. The Deed of assignment Delete if the account has not been sold.

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
DELETE THIS PARAGRAPH IF A CCA REQUEST HAS NOT BEEN SENT OR IS NOT APPLICABLE.Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.Type 77 for loans or 78 for credit cards and catalogue accounts. on Pick the date when the CCA request was sent.and I am awaiting a response from Enter the creditor’s name..
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

Your full name

The bits in red need reading and amending to suit- just double check I have not missed any bits off that dont make sense