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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Robinson Way and old Barclays OD debt


jimmitchell
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Hi, looking for some advice!

 

I've been dealing with Robinson Way working on behalf of HPH2 Ltd over an old Barclays account for around £1,800 that is no longer on my credit file as of last year.

 

The default date on my credit file was sometime in late 2011 and to my knowledge, no payments or contact has been made since, meaning the debit is stature bared (I hope!).

 

Robinson Way sent a field agent to my door though I was not there at the time and sent them a letter advising I did not acknowledge any debt to them and I did not welcome any more visits.

 

They then replied saying they would raise this as an official complaint.

 

2 months later I received a letter advising the following:

 

"I believe the issues raised regarding your dispute of this debt is the responsibility of Barclays, as the original creditor, therefore your complaint has been forwarded to them (in accordance with the FCA's guidelines set out in DISP 1.7) and you will receive an acknowledgement letter from them detailing their complaints procedure in due course.

We have placed your account on hold to allow Barclays to contact you with a resolution.

 

When your complaint has been addressed by Barclays this hold will be removed and unless you set up a payment plan, we will continue to write to you as part of our collection activity."

 

They then go on to say that they will remove my phone number from their records and that they will ensure no further home visits are arranged regarding the debt. They also mention I can go to the Ombudsman if I wish.

 

As yet, I haven't sent a prove it letter nor advised that the debt is SB.

I'm wondering if I should see if they make further contact after this letter or send them a prove it/SB letter?

 

Any advice appreciated! :)

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Hi, thanks for the response.

 

The account went to default in December 2011 (this was the date on Noddle before it dropped off my credit file).

 

No payments were made to Barclays after this time.

 

If I rang Barclays to check this however, would this count as an acknowledgement of debt?

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Brilliant thank you.

I've done some digging and the debt was initially sold to Fredrickson International where I apparently made a payment in August 2012.

 

The account was then returned to Barclays and from there presumably bought by Hoist/RobWay.

 

With that in mind would this mean the account wont be SB for another 6 months?

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correct

what is this a card or a bank account?

and when did you open it please

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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how much are they after

get an sar running to Barclays

get all the statements

I would expect £100's in penalty charges

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what did you complain about?

can you put the letter up as a PDF please

read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

little tip

don't go sending anything else without asking here

simply invites pointless letter tennis

esp that letter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Could your payment to Fredrickson be the £1 you sent for a CCA request?

If you can't remember ask Robinson way for the date, amount and whether it was cash, cheque or a bank payment.

 

Yes do send a CCA request to RW -if there isn't one that could be why Fredericks returned it to Barclays.

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yes you must let them know your new address

well deal with that when it happens

 

sadly you cant send a CCA request for an overdraft.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes you must let them know your new address

well deal with that when it happens

 

sadly you cant send a CCA request for an overdraft.

 

The payments to Fredrickson were bank payments unfortunately, there's a record of them on my bank statements from 2012.

 

OK I'll send them a letter re. The change of address but nothing else and request the SAR from Barclays. Thank you for the help!

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wait till you move on the robbersway letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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still sar Barclays though

and think about mail redirection too

and don't forget to write to ALL others on your file too

don't run away from debt!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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