Barclay Card/Robinson Way/Howard Cohen Solicitors

[gink72]

My first time posting so I hope I am doing this correct.

 

I would appreciate any advice you can give me.

 

back in 2008-2011 I got myself in to a lot of debt due to being made redundant 3 times in as many years

and not having enough money to pay credit cards etc, I concentrated on paying my mortgage and gas electric etc.

 

 

In 2011 I decided to sell my house and pay off debts with some of the equity I had in my house and went in to rented accommodation

 

 

....I setup payment plans with some of my remaining creditors, some of which have now finished

and some nearly finishing and not defaulting once on any of the payments and finally I am beginning to breath again!

 

However, Barclaycard is the only one I didn't come to some arrangement with,

I wrote to them (back in 2010) asking why my debt was over 12k when my credit limit was only 8k.

I asked if they could take off the interest and setup a payment plan.

 

I didn't hear back from them,

I then moved house and up until a couple of months ago never heard a thing from them...

.and then every debt recovery company you could think of started ringing me and some sending me letters.

(I have not spoken to them or had any contact with any of the debt collectors)

 

I this morning received a letter from Howard Cohen Solicitors working on behalf Robinson way,

threatening court action and a ccj. They are asking for £12554.24

 

I really don't know how to approach this

- I somehow managed to go this far without getting a CCJ,

I have worked so hard to clear my debts and I am winning, to get a CCJ now would just be a massive kick in the wotsit.

 

Do I contact these people and tell them I can't pay the 12554.64??....I don't have this kind of money.

 

I am not trying to get out of paying this debt, I just don't see why I should pay 4.5k interest.

 

Any help would be greatly appreciated

Thank you

[fkofilee]

Im guessing Robinson Way now own the debt?

Have you sent a CCA Request RW and HCS?

[gink72]

Thank you for your reply.

It says their client is HPH2 Ltd, and their clients agent is Robinson.

Not sure what CCA is all about (I will keep reading other posts to learn more).....I haven't had any contact with Barclaycard for nearly 6 years, can I still do a CCA?

Thank you

[fkofilee]

Of course - CCA to HCS and RW because they need to have their documentation in order before they do anything of the sort.

As for Barclays. If they ignored a complaint you made then this is ammo for you to put this on hold.

[gink72]

So I send a CCA request to both of them and enclose a postal order for £1.00 to each of them? And do I refer to the letter they sent me stating that before they can take this sort of action they need to have this documentation in order first?

[fkofilee]

Send a CCA Request from the Library to each and also the £1 PO and wait 14 days, if they have it then great - If they dont / cant find them then they cant take legal action, as simple as that.

But id chuck in a complaint to Barclays about them ignoring you from 5 - 6 years ago.

[gink72]

Thank you - I will do that tomorrow. Hopefully that will stop the court proceedings route - or is that just a scare tactic to make me get in touch?

[slick132]

Hi Gink and welcome to CAG

 

You'd normally send just one CCA request to the current debt owner but no harm will be done by sending one to Howard Cohen. It may buy you a little more time.

 

1. Do you know for sure when you last made a payment to the a/c; or when you last referred to the debt by letter. This will help us determine when the a/c may be SB'd (Statute Barred).

 

2. Do you have old a/c statements showing the amount of penalty charges added to the a/c while you were not making the required minimum payments.

 

[gink72]

Thank you Slick for your reply.

 

I can't be sure, but I think it was in 2010 sometime.

 

 

I know I had a big row with them either in 2009 or 2010 as they took money from my savings account (I only had £150.00 in there) without my authorisation

- my payments used to go out of my Barclays current account via DD,

but after a few months of trying an failing they decided to take what I had in my savings account as means of payment

- I was shocked they could do this!!

 

 

I always tried to keep a little money aside in case of emergencies, with having children this £150.00 was my backup..

..but they took it!! and I had no idea until I needed £20 out of it.

I think this may have been the last real contact I had with them.

I may have my statements - most of my stuff is in storage so I will need to go through it.

 

Is there a way of finding out if it is statute barred or is this something I need to prove?

Thank you

[slick132]

Hi Gink,

 

It would be really helpful if you could find out when you last made a payment from your own records. This would be important if Howard Cohen take court action.

 

Otherwise, you could send Barclays Bank PLC an SAR request and they must supply data they hold about you for all Barclays group accounts. Use the SAR template from the library and enclose a £10 Postal Order.

 

[gink72]

Thank you Slick

 

 

So would you advise that I still do the CCA for now/first and then look in to my payment history for my last payments to them.? As looking in to this will take a bit of time.

Thank you

[Old Cogger]

Slick is the one to help you here

[Old Cogger]

do the CCA1974 now they have 12 + 2 days to produce if not then they cannot go very far without the document which is enforceable/unenforceable whichever is the case, never put off as time limits are important.

[slick132]

Send the CCA request(s) to the current creditor and Howard Cohen as discussed above.

 

Send the SAR to Barlcays HQ unless you can find the statement data from your own records.

 

[gink72]

Hi all.....so I have had a reply form Robinson way saying that they have received my letter (CCA Request) and that they have put collections on the account on hold until they have looked in to it. Do I need to do anything else or do I just await their further response? thank you

[martin2006]

did you also send the SAR to barclays? you would know if you did, it would have required a £10 postal order including and they then have 40 days from receipt to supply all the info they hold on you.

 

with regard to RW, HCS and HPH2, the accounts are on hold until they produce a credit agreement so nothing else to do atm.

 

Barclays are a shifty bunch, i sent them a SAR in november 2015, first they said they needed more info despite me giving account numbers, previous and current address etc. I then had a letter saying i had to choose the branch to collect my info from.

 

I am still waiting for it to arrive at the branch almost 3 months after request.

 

that said, did you find your own records of last payments to the BC acc?