Chased for an old debt

[have_no_clue]

Hi,

i hope someone can help me. I have a debt for a Barclay card taken out in 2011 for £2000. It defaulted nearly 6 years ago when I lost my job. Nobody contacted me about it until just before Xmas (dec 2019). A debt collector agency. I read something about asking them to send proof of the debt so I wrote to them.

Today in the post I’ve received what looks like a spread sheet with my name, address, previous address, mother’s maiden name, annual income at the time, the name of the company I worked for at the time and the date the credit was taken out. It has no details about the original credit card amount, the apr, any added charges and there’s no copy of a signed credit agreement. I should add this debt is due to drop off my credit report in March of this year so in about 2 months. Is what they’ve sent me enough for them to peruse the debt?

I only ask as I’m not in a position to pay the debt currently as I’m on maternity with my first child so money is tight and I want to avoid a ccj if I can which I’m assuming is the next step if I don’t pay. They are asking for just under £2500 at this point.

[ukcommando]

Just noticed your post.* I'm not a solicitor, so don't take this as formal advice. I believe that under the Limitations Act, the creditor has a maximum of six years to chase the debt from the last time you either made a payment, or acknowledged that there is a debt.* So I believe that you should be in the clear, I guess it depends on when the exact six year limit is from your last payment.* There are some dodgy so called debt collectors who seem to get wind of debts that were never settled and then take a chance on claiming the money, it's all very dodgy, I'm pretty sure that if you paid them anything, it wouldn't be going back to Barclays.* I'd recommend you get a formal legal opinion to confirm, either from one of the qualified experts on here, or from a solicitor, it would be a good investment.* Depending on the exact six year anniversary, you might be able to stretch it past that date, just don't acknowledge that you have a debt before then.* Don't forget that it would be the creditor (Barclaycard) that would have to take legal action against you either themselves or through a solicitor I believe which might give sufficient delay (again get qualified opinion).* If none of the experts on here are able to get back to you quickly, get advice elsewhere sooner rather than later.

[have_no_clue]

[have_no_clue]

Thanks for your reply. I know that it’s not statue barred yet as it doesn’t leave my credit file h til the end of March. I am thinking of finding a solicitor but I dread to think how much that would cost. At this point I just need to know if what they’ve sent me is enough for proof of debt (that CCA thing). When I wrote to them I didn’t enclose the £1 postal order as I was told this is no longer required but from reading up last night I think I was misinformed so I’m going to rewrite to them today asking for CCA using the template on this site and include a £1 postal order. Asking for the actual credit agreement and details of the original debt with a break down of any added fees.*

[Amethyst]

Indeed, that's not the credit agreement and thus they have not complied with your CCA 1974 request ( is that what you sent ? With a £1 payment ?)

[have_no_clue]

Thank you for your reply. No I didn’t send the £1 because someone told me that was no longer required. In their defence, a couple of years ago they had been in a similar position, a random debt collector asking for payment on a debt she’d not heard about for a few years and had sent the £1 postal order to them, only for them to enclose the postal order in their reply saying it wasn’t needed. I don’t know why they did that but now I know it is needed, I’m resending my CCA request today with an enclosed postal order. I’ve used a template from this site.

In their response, they said “if an original agreement is not available, under the consumer credit act a reconstituted copy may be provided”. But surely the spread sheet they’ve sent isn’t classed as a reconstituted copy as it doesn’t cover the things needed for CCA request such as the original credit amount etc? After I post this new CCA request today, if they still don’t send the credit agreement what then?*

[Amethyst]

Great If they don't send the agreement after a proper request then the debt is unenforceable through court ( assuming you defend any claim on that basis) until such time as they do. It can be a recon - but had to be a actual recon of the agreement - their application details screenshot simply isn't anywhere close. It might help on balance of probabilities show you did have the account but there's a long way to go from that to compliance with the cca. Did they include anything else with that sheet ? Full set of terms or anything ?

Also - who is the debt collector company ? If they have purchased the debt ( been assigned it by Barclaycard ) then they can take you to court themselves.

As they are coming up to statute barred then they might whack a claim in regardless and hope they can comply by the time it hits a courtroom. Statute barred is from date of default or last payment ( whichever is later ).*

So to clarify for a formal request to be unarguable you must send the £1 - whether they return it or not. *
http://www.legislation.gov.uk/ukpga/1974/39/section/78

So, send a new compliant straightforward CCA request as per*https://legalbeagles.info/library/gu...etter-example/

Personally I would also send a subject access request to barclaycard too*https://legalbeagles.info/library/gu...ccess-request/

[have_no_clue]

Thank you for getting back to me so quickly. You’ve been really helpful. I sent the CCA request this morning by 1st class recorded delivery and included the £1 postal order.

The debt has been bought by a company called hoist finance but appears on my credit file under both Barclays and hoist finance as 2 separate debts that both are due to be removed at the end of March for the exact same amount of £2446. The debt collection company is Robinson Way based in Salford Manchester.

No they didn’t include any t&c’s etc, simply that page with the spread sheet and a covering letter which in full says...

Account number, their ref and amount due of £2446.11.

“Further to your request for a copy agreement for the above account, please find enclosed the relevant documentation for your attention.

Please note if an original agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

If you are not already making payments towards your account, please forward your affordable payment proposals to us. We have placed your account on hold for the next 14days, after which tome collection activity will resume on the account.*

Should you have any queries or concerns during this time, please do not hesitate to contact us on (their contact number) or alternatively you can email us at (their emails address).”

Dated 15/01/19 although, only received in the post yesterday so took 5days to get to me.*
*

[jaguarsuk]

Thank you for getting back to me so quickly. You’ve been really helpful. I sent the CCA request this morning by 1st class recorded delivery and included the £1 postal order.

The debt has been bought by a company called hoist finance but appears on my credit file under both Barclays and hoist finance as 2 separate debts that both are due to be removed at the end of March for the exact same amount of £2446. The debt collection company is Robinson Way based in Salford Manchester.

No they didn’t include any t&c’s etc, simply that page with the spread sheet and a covering letter which in full says...

Account number, their ref and amount due of £2446.11.

“Further to your request for a copy agreement for the above account, please find enclosed the relevant documentation for your attention.

Please note if an original agreement was not available, under the Consumer Credit Act a reconstituted copy may be provided.

If you are not already making payments towards your account, please forward your affordable payment proposals to us. We have placed your account on hold for the next 14days, after which tome collection activity will resume on the account.

Should you have any queries or concerns during this time, please do not hesitate to contact us on (their contact number) or alternatively you can email us at (their emails address).”

Dated 15/01/19 although, only received in the post yesterday so took 5days to get to me.

That is not sufficient to be a reconstituted copy of the credit agreement.

[Amethyst]

Indeed.

Hoist and Barclaycard both report ( Hoist take over reporting from Barclays but Barclays report stays on there ) - sounds like they will both fall off shortly though if your default date was March 2014 so it's not worth making a complaint about lest you accidentally end up acknowledging the debt …. Did you make any payments at all after it defaulted as far as you recall ?

Hoist own your debt ( they'll have purchased it from Barclays ) and Robinson Way are Hoist's debt collectors. It would be Hoist who take you to court if they decide to do that.

They haven't yet sent you a letter before claim at all have they? Just a 'hello' letter from Rob Way ? I wouldn't do anything else than just wait for a reply to your formal CCA request and SAR now. And IF you get a letter before claim, or indeed a claim, we can go back and ask for more docs ( assignment default and breakdown of debt etc ) then.

[have_no_clue]

Thanks for your reply.*

No payments were made after if defaulted. I had a mental breakdown at the time, lost my job and had several debts. They all defaulted, some of which have dropped off now without ever hearing from the companies. Some got in touch straight away and being in a bit of a mess at the time, I just paid the ones that contacted me. I know really I should pay everything I owe but the money wouldn’t go to Barclays now and they’ve added just shy of £500 of charges on.*

I stupidly didn’t keep the first letter received from Robinson Way. It may have been a letter before claim as it did say something along the lines of... after reviewing your account, action is required, please contact us to arrange payment. I have read (not sure how true it is) if you ask for the account to be reviewed or disputed in some way e.g. asking for a CCA, they have to resend a before claim letter to restart the process.*

Today I’ve received a letter from them, returning my £1 postal order with the letter below...

[have_no_clue]

[have_no_clue]

New letter received today saying “we are unable to assist you any further with regards to your documentation request. You must contact Barclaycard directly. Your £1.00 fee will be returned separately.”*

***already received £1 postal order back - as letter above shows***.*

They go on to say they have put my account on hold for 30 days.

I assume I just wait now to see if they try to take any further action in 30 days (from the date on their letter 23rd Jan) which will be around 22nd Feb?? There will still be around 5 weeks until it drops off my credit file and I wouldn’t put it past them to try to take action in that time.*