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Barclaycard/robinsonway


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I have been having a battle with Barclaycard and then Robinson Way. I requested

Barclaycard to provide me with a true signed copy of the credit agreement in 2006. What was sent to me was a copy of an credit card aplication form It was in such a bad condition that it was hardly readable. I have continued to argue that an application form does not constitute a credit agreement, which Barclays refused to accept. They sold on the debt to Robinson Way in February 2006. The required letters of sale and assignment had not been posted. I consider Barclaycard to be in default of the CCA 1974 and therefore should not have sold the debt on. They just ignored my letters from then onwards.

 

Even the compliment slip from Barclays has written on it copy of application form and they sent me an internal letter ( a mistake i think ) in which the words application form are used.

 

Robinson Way have continued to write, with the usual threats of Court Action etc . I have sent them three copies of the application form and they just seem to ignore what i tell them. They are also in default of several of the Office of Fair Trading Guidelines on Debt collection, there responce to that has been nil.

 

They wrote over the Xmas period saying the leter of assiment would be in the post soon. It arrived on the 6.1.2011. It is very clear this is not an original letter. It is almost 4 years late and is dated February 2006. It is not a copy . but in my opinion a recently constructed letter It appears they are playing retrospective legal games .

 

How can they be allowed to play games, to buy debts in bulk without checking the legality of such alleged debts and then continue to chase folk for money when they have no legal right to do so.

 

I would appreciate some urgant information on the two main isues. Application forms and letters of assignment...

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Robinsumway are nothing if not persistant, I am in a similar situation with thesee fools over an alledged debt that is made up soley of charges, to date I get a letter or 2 every year around January and Novemebr, to which I ignore, they did phone once but were soon put in their place, I have offered to see them in court and they fail to respond, so just ignore them, you only have 2 years then its stat barred and then they cant do a damn thing

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Quote:

I should outline the salient provisions of the Consumer Credit Act 1974. Subject to exemptions, a regulated agreement is an agreement between an individual debtor and another person by which the latter

provides the former with a cash loan or other financial accommodation not exceeding a specified amount. Currently the

amount is £25,000. Section 61(1) sets out conditions which must be satisfied if a regulated agreement is to be treated as

properly executed. One of these conditions, in paragraph (a), is that the agreement must be in a prescribed form containing all

the prescribed terms. The prescribed terms are the amount of the credit or the credit limit, rate of interest (in some cases),

how the borrower is to discharge his obligations, and any power the creditor may have to vary what is payable: Consumer

Credit (Agreements) Regulations 1983, Schedule 6. The consequence of improper execution is that the agreement is not

enforceable against the debtor save by an order of the court: section 65(1). Section 127(1) provides what is to happen on an

application for an enforcement order under section 65. The court "shall dismiss" the application if, but only if, the court

considers it just to do so having regard to the prejudice caused to any person by the contravention in question and the degree

of culpability for it. The court may reduce the amount payable by the debtor so as to compensate him for prejudice suffered as a result of the contravention, or impose conditions, or suspend the operation of any term of the order or make consequential changes in the agreement or security.

 

29 The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is

where section 61(1)(a),

[2004] 1 AC 816 Page 834

regarding signing of agreements, is not complied with. In such cases the court "shall not make" an enforcement order unless a

document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127

(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make

an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or

unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights

in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes

the court from making an enforcement order.

30 These restrictions on enforcement of a regulated agreement cannot be sidestepped by recourse to a pledge or other form of

security furnished in support of the debtor's obligations under the agreement. The security is not enforceable to a greater

extent than the loan: section 113. Where an application for an enforcement order is dismissed, except on technical grounds

only, or the court makes a declaration under section 142 that the agreement is not enforceable, any security provided in

relation to a regulated agreement "shall be treated as never having effect": section 106(a). Property lodged with the creditor

by way of security has to be returned by him "forthwith".

 

 

i think the judgment of Lord Nicholls of Birkenhead in Wilson v First County Trust Ltd (No 2) - [2004] 1 AC 816 above sets out the requirements of what is needed before a court can issue an enforcement order

Your application form WILL NOT comply with this and is therefor unenforceable

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Robbinscum Way are full of s**t if this was enforceable Barclayshark would have had it in court years ago.

 

Tell them

 

"You are entitled to your opinion of what constitutes an enforceable agreement. However, I will not correspond further with your company or any third party you may assign it to until a Judge has ruled in your favour"

 

Then ignore the planks and their toy town solicitors Horwich Farrelly , they will not go anywhere near a court room.

As for the 'field agents' just tell them to do one back down their rabbit hole if they turn up. They are not Bailiffs, they are nothing, no powers whatsoever. the postman has more power than them, he can enter your land without permission.

 

Fret not about this comical outfits threats, they are all cobblers to sqeeze money out of you, just tell them once there getting nowt and forget them

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Thank you for your interesting replies. Now what about the letter of assignment sent to me this week but back dated to February 2006. I do stress that in my opinion this is not a copy of the original, but a recently constructed letter. They know that Collection activities cannot be continued without it.. I do not have the letter of Sale from Barclaycard from 2006.. Is there any provision in the CCA 1974 for retrospective action such as letters of assignment. 4 years after a DC purchased an aleged debt >???

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With bulk buying of debt because they buy it at literally pence in the pound (10p per £1 I have heard) there is a mixed bag of good and bad debt. Barclaycard would have passed the minimum paperwork onto them and because of the price paid they dont want any hassle so Barclaycard don't want to be answering every little query from Robbing **** No Way. So Robbers will flog the debt to death even though they know its bad to try and force you to pay, even by altering documents!!

 

2 ways to go about:

 

Play awkward and ask them to send you the original notice of default as you don't believe you received it. Beacuse they own the account now and the notice is a vital part of the collection process they have to produce it and Barclaycard aren't going to send one out!!

 

Or write a letter to say if they believe it can be taken it to court..... then go on!!!

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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