Ex Barclaycard with Robinson Way acting on behalf of Hoist Portfolio Holding 2 Ltd

[KeithCurl]

Hi guys,

I recently checked in my Junk email and found an email from Robinson way regarding an ex barclaycard which I did not know had defaulted.

I now Permanently Reside overseas and a family member was for years paying a monthly amount of 30GBP to cover interest/charges and reduce the balance slightly of my Barclaycard. I was unaware they had stopped paying but have now confirmed that they had stopped paying it.

I always had the debt in the back of my mind and thought I would just clear it in the future once I was financially better off and that it could be held off while a family member was helping. Fool on me for being so stupid and not managing the debt myself. Looks like I'm in big big bother from it.


Here is the email from Robinson way:

"Dear MR xxxxxxxxx
Click here to pay

Your account remains overdue despite our previous attempts to contact you. There's still opportunity for you to set an affordable repayment plan with us.

Visit us at www.robway.co.uk. It's easy to register- then select 'Set up A Plan'.

You'll receive an immediate reply which could include:

➢We accept your offer
➢We provide you with details of organisations that may be able to help you with your current financial situation

Please don't delay any further - it's important that you deal with this account.

Yours sincerely

Customer Contact Manager
Robinson Way
Part of Hoist Finance
A:Quays Reach, Carolina Way, Salford, M50 2ZY
W:www.robway.co.uk"

I searched and there where also 2 other emails sent from them in my junk email.


One saying:

"You do not have a repayment plan in place to clear your outstanding balance
You are at risk of further collections activity commencing on your account

How can you take positive steps forward?

Contact us today via our website where you can:
Make an affordable offer of repayment and get an instant online reply from us
Tell us about your circumstances
Find the details of organisations who can help you if you are in financial difficulty "


And then one saying:

"Your account remains overdue despite our previous attempts to contact you. There's still opportunity for you to set an affordable repayment plan with us.

Visit us at www.robway.co.uk. It's easy to register- then select 'Set up A Plan'.

You'll receive an immediate reply which could include:

➢We accept your offer
➢We provide you with details of organisations that may be able to help you with your current financial situation

Please don't delay any further - it's important that you deal with this account.

Yours sincerely

Customer Contact Manager
Robinson Way
Part of Hoist Finance
A:Quays Reach, Carolina Way, Salford, M50 2ZY"


I panicked and sent back a basic reply explaining I have lived overseas for 8 years and that I was unsure of the debt and to send some evidence.


Here was Robinson Ways response:

"Dear Mr xxxxxxxxxxx

Thank you for your recent contact. We write to you in regards to the above account.

Please be advised this account relates to a Barclaycard credit card opened on the xx November 2003 and defaulted on the xx January 2016. This account was purchased by Hoist Portfolio Holding 2 Ltd, who are now the legal owners of this account, with Robinson Way acting on their behalf.

The last payment received for this account was £4.00 on the xx March 2015.

We trust this resolves your query. Please complete and return the enclosed financial statement along with your proposals for payment within the next 30 days. If we do not receive a response from you within this time, collections activity will resume on this account.

Should you require any further information, please do not hesitate to contact us on 0800 121 6903. Alternatively, you can visit www.robway.co.uk or you can web chat with one our representatives.


Regards
Correspondence
Robinson Way
Part of Hoist Finance

W: www.robinson-way.com
Follow with us now on Linkedin"



They attached a financial statement to fill out but it was already half filled out kind of with stuff already ticked - I have attached the document they attached.

I have replied saying:

"Dear Robinson Way,

I am replying in response to an email from you sent on xx/07/18.
If you have reason to believe that a valid debt exists then please prove the debt via the email address myemail.com
The FCA rules say you cannot continue any collection activity until you have done so.

Mr xxxxxx"

I have no idea if I did the right thing by replying, I'm a little lost on what to do and not sure if I should be dealing with Barclaycard. It seems Barclaycard have sold this debt on now so it might already be too late to deal with Barclaycard?

I currently am unable to afford the whole amount owed and my finances are not in great shape to say the least, any help on what I can or should do would be more than greatly appreciated.

[Amethyst]

Hiya xx

Hoist do tend to take these debts to court after Robinson Way have had a go collecting - I did recently settle an old Barclaycard debt with Robinson Way / Hoist for about 50% of the debt. Took a while of making the same offer and them refusing for them to send me a 'special offer' to reduce the debt by 50% if I paid it off by a certain date, ( coincidentally the same amount I'd been offering ) - so you COULD consider doing that to get it out of your hair ( if £30 a month was covering the interest/charges I'd guess the balancer isn't massive?) ( I didn't fill in their IE sheet either - just refused on the basis that it was private )

Otherwise bear that in mind and send a CCA request to Hoist ( as they have purchased the debt and are deemed as creditor ) and tell Robinson Way that you have done so. They will then either come up with the documents in which case you could make an offer then, or not, in which case you could try a lower offer.

As you kept the payments up until 2015 it wouldn't be statute barred for a few years so unless there was a serious dispute, or they are unable to find the agreement ( would have to be a paper signed agreement from 2003 as it's pre electronic signatures ) , you wouldn't have a massive defence. ( Default Notices and Notice of Assignment do tend to be provided relatively quickly between Hoist and Barclaycard )

Really it depends what you want to do with it. Have there been letters sent to your UK address as well as these emails do you know?

CCA Request

[KeithCurl]

Hi Amethyst,

I'm not sure on the address, it would be my old UK address, the balance they say is 3500.

I would love to settle it but I cant afford much right now, I might make an offer for monthly payments and save and see if I can get them to settle in the near future - I want to avoid a CCJ as that would affect me getting a mortgage etc in the future, and I am in another country and would not be able to attend court.

Thanks for a speedy response.

[Amethyst]

When I got the last settlement offer, there was an offer for reduced settlement to pay by instalments too ( it was slightly higher over all ) so you might be able to do something like that - offer like 65% payable over 12 months maybe.

I'd send the CCA first step though. And possibly send a SAR to Barclaycard to see what info they have and check the final payment.default date etc match up with what Hoist are saying.

[Amethyst]

Subject Access Request Letter

[MIKE770]

Living permanently overseas?

[KeithCurl]

Hi guys,

I now reside Permanently in Australia. I may visit the UK on holidays for family and friend visits. This does not mean I will ignore the debt though, it is my debt and I should pay it, on morals.

It was a major stuff up by me when I was at uni and left a family member covering the interest for me, a bit wrong of me really but I want to rectify everything and do the right thing and get this cleared.

I think the amount is about right at 3500 so I have replied to Robinson Way to see if we can get things underway.

I replied with:


"Hi Robinson Way,

I can confirm this is probably my dept, I was unaware of the Barclaycard default.

This has come as a shock, I am currently in financial difficulty however I offer a payment of £30 a month for the next 3 months.

This will give me chance to get my finances together and then we can reassess this and increase the amount or possibly come to a settlement if I can somehow obtain some of the money.

I’ll try and go ahead tonight and sign up through your website if thats the easiest way forward?

Please be aware I do intend to pay the debt and will be responsive. Email is the easiest and fastest way to contact me.

Please let me know if you accept this offer?
"

So hopefully they can accept that for now but will wait and see, I'm just about to sign up with their website and see what options that can give me.

I may be rushing a bit but I suffer from high blood pressure and I just want a plan in place so I can relax a bit (I can feel my blood boiling at the minute and my heart rates up).

[MIKE770]

well well they will be having a party, do you realise that they ply on the poor and fleece those who are unwell. or having problems, they pay 10 pence in the pound (about) and the original owners get insurance cover for losses, so who is the loser? you or them?, and who makes 90% profit from your situation>

High Blood Pressure well 1 tablet and it reduces a common complaint - think straight, you do not live in the UK , they are not in a position to fleece you to any effect? think 1st and stop panicking! give monies away = there are many charities who are in real need, sorry but that is the fact . good luck

[KeithCurl]

Hi Mike770,

my main concern would be getting a CCJ. This would affect me in the future for a mortgage in Australia, so I am just trying to avoid that and any extra charges if this was to be sold to a Debt Collection in Australia.

[MIKE770]

CCJ UK only ???????????????????? sure somebody will explain info to you?

[KeithCurl]

I believe if they issue a CCJ then this is then enforceable in an Australian Court. I have just spoke to their live online chat as I was unable to sign up. I was unsure which address they held but none matched so due to data protection we could not continue.

Conversation attached.

[KeithCurl]

I'm having difficulty finding where to get a postal order from in Australia for 1GBP.

I found this website http://www.zeus-publications.com/faxorder.htm but it looks seriously old and dodgey. I have googled but can not seam to find details on obtaining postal orders in Australia.

Any ideas?

[MIKE770]

just stop panicking hold fire request for help on its way! you are going off at a tangent calm down if you need help

[Setmefree3]

What should you do if you are a Creditor and the Debtor has moved abroad?

You should initially use the available resources to identify the location and available assets of the debtor. Next , if able, we advise you to issue a claim in the UK courts (seeking permission if required) and serve this on the debtor (through the high court foreign office or an agent) and if they do not respond obtain judgment and seek advice on enforcing it in the debtor’s country. Please note the rules of enforcement vary from country to country and advice should be taken. We offer this service for our affiliated countries and have employed associates to deal with other countries in the EU. This article will not apply to debtors who have assets in the UK that we can enforce the judgement upon as this will warrant straightforward UK enforcement procedures.

basically as MIKE770 has said chill out

[KeithCurl]

Thanks guys,

I am much calmer now, I have agreed with them 30GBP a month.

I hope to get some money together and offer them a settlement in the near future.

Will keep you updated.