HPH2/cohen chasing Barclaycard 'debt' not mine

[Hackylad]

Hello

 

Several days ago I got a payslip type communication from a company called Robinson Way,

first time I have had anything at all like that from them .

 

It had no information on it looked like a [problem] similar to what I get via email all the time so ripped it up and binned it.

 

I did get one about a year ago like that from another company and binned that as well,

and heard nothing further so thought nothing of it.

 

I had an odd letter before about a debt with no money owed mentioned or companies mentioned and ignored them.

 

I have an uncommon name, but not an unusual one and there a few blokes in my area with the same name

, so thought they were probably looking for them.

 

I got home from work today and have had a letter from HPH2 Ltd (EX Barclaycard) and says I owe them £727.04.

 

I do not have a Barclaycard,

 

many years ago I did have a Barclaycard and I entered into an IVA which included my Barclaycard

which was less than the amount shown on this letter.

 

 

I completed the IVA and paid it all and after 5 years got a letter all clear, this was about 3 years ago.

I have heard nothing since and nor was I expecting to from any company.

 

I have since started getting credit accounts again over the last few years

and am managing these fine everything paid and up to date, nothing unmanageable and all fine.

 

Due to this letter I checked my credit report with experian to see if I had been defrauded or something

and no accounts were on there from Barclaycard.

 

However HPH2 Ltd have registered a default against me on 01/05/2016.

This has totally destroyed my credit rating, and is not my debt.

 

They give the card number on the letter and it does not match the one on my IVA,

so cannot be my account with them.

 

All the letter says is to appoint Robinson Way on their behalf and give me bank details to pay.

 

I have no contact numbers to dispute this,

how do I get this sorted?

Any help is appreciated.

 

I should add I posted this as after a google search it lead me to these forums

and after reading a few posts it seems these people are dodgy to deal with.

 

I am contacting all the credit reference agencies and am going to dispute it with them.

How else should I proceed as I don't want to be chased for this debt that is not mine.

[dx100uk]

you say you have the card number?

go give Barclaycard a ring and findout if it is yours

 

 

I suspect it been on there a good while and you didn't check before today?

 

 

dx

[Hackylad]

you say you have the card number?

go give Barclaycard a ring and findout if it is yours

 

 

I suspect it been on there a good while and you didn't check before today?

 

 

dx

 

Hi it has never been on my experian credit report until 01/05/2016 and all that shows is a default from Hoist,

The barclaycard does not show as it has been off years,

I have the old barclaycard number in my paperwork from the IVA and there is another one is on the letter from Hoist.

 

I have checked my credit report with Equifax and it has appeared on there from 08/05/2016

but is back dated as the default having been applied for by Hoist on 17/6/2015

and the account being opened by me on the 11/09/2009.

There is no other information payments or nothing.

 

Stephen

 

If I was to ring Barclaycard is there anything you think they could do now they have passed it on?

Also should I mention both accounts or just talk about the one I know to be mine just to enquire?

Edited May 16, 2016 by Hackylad
addition

[dx100uk]

are you saying this is your card?

just one that's been missed?

[Hackylad]

are you saying this is your card?

just one that's been missed?

 

No not my card

[dx100uk]

Barclaycard time first me thinks

if you know the 16 digit number

phone them up

and ask them why robbersway have put this on your credit file

as the card is not in your name.

 

 

see what they say.

[Hackylad]

Will do,

in addition I have raised a dispute that the default is incorrect with experian, equifax and callcredit (noddle)

Whats the chances of that being a success.

 

 

My only concern it is a debt for someone with the same name

and how I would go about proving its not me without giving information they could change to make it look like me for an easy win.

[dx100uk]

see what Barclaycard say/do.

 

 

could it have been fraud by mail going to that address after you moved out?

 

 

you could send a prove it letter or p'haps the CCA request to robbersway

but ofcourse that would give them your details.

but they should nt be doing this

poss a phonecall to the ICO might be in order?

 

 

dx

[Hackylad]

My mother still lives at my old address so don't think fraud at least not at that address.

 

 

I will ring Barclaycard and see what they say.

 

 

If I reported to the ICO, who would I reporting Barclaycard, Robinson Way or Hoist?

 

Thanks for trying to help with this one.

[dx100uk]

hoist/hph2/robbersway are all the same.

[Hackylad]

Ok this is an update,

 

I emailed Barclaycard and they said as I do not have an online account I can't register a complaint with them,

I didn't think that should be right

 

I pushed that and they said I could write to them and gave me an address to write to

which I will do rather than phone them.

 

Any advice on what I should say in any written communication with them?

 

In the meantime I have sent this letter below personal (details removed) to Robinson Way:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I have no knowledge of any such debt being owed to Barclaycard

on the basis of not having one nor have I applied for one.

 

The first contact I received from you was in the form of a work payslip

which contained no detail about what you were contacting me for, who you were or what you wanted.

As I get [problem] emails all the time I naturally ignored it

much like the emails I get from Nigeria asking for my bank account details.

 

The next contact I got was a letter from HPH2 advising Barclaycard had passed that onto them,

and you at Robinson Way would be administering it for them with no details how to contact you.

 

I then got a notification from the credit reference agencies advising me that HPH2 have registered a default against my credit report.

 

I have checked this with Experian, Callcredit and Equifax and this default was apparently logged last year in 2015.

This is not true as it has only appeared on my credit report in the last week.

 

How this has been lodged against me I don't know, as HPH2 who you work for has accessed my credit report

you must therefore be able to see all of my details and financial accounts

and you will see I have not had a Barclaycard and my credit report does not have a single late payment on it for anyone ever.

 

I trust this is a mistake in transferring information between companies and can be sorted easily,

 

however, after looking online to make sense of this and learn about what has happened

and have read many reports about what an unscrupulous company you are

and that I am not the only one you have done this to

and you have a reputation for doing this to people.

 

I was unable to contact you to correct this mistake until the letter I have received 19/05/2016 dated 12/05/2016.

 

Based on what I have read I have decided to respond only in writing

so I can keep records of this as I will take this further if it is not corrected.

 

I have familiarised myself with the Financial Conduct Authority (FCA) consumer credit sourcebook which states the following rules.

 

“Disputed debt .... (1) A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds. “7.141

 

“Valid grounds for disputing a debt include that: (1) the individual being pursued for the debt is not the true borrower or hirer under the agreement in question; or (2) the debt does not exist; or (3) the amount of the debt being pursued is incorrect. “ 7.142

 

“Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement. “7.143

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3*

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would therefore like you to do the following:

 

1 -I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

2- You respond appropriately to the disputes I have raised with Experian, Call Credit and Equifax and remove this incorrect default from HPH2 from my credit file.

 

3- You also update any other credit reference agencies you may have incorrectly lodged this debt against my name for,

 

4-I have no desire to get into a game of correspondence with you, I have no knowledge of any debt owed by me to anyone. So please ensure any response you make is your final response.

 

I await your written response in full to all the points raised as well as confirmation that this matter is now closed.

Should this not happen, I will have no option but to make a complaint to the Trading Standards Department

and consider informing the FCA of your actions.

As well as the Information Commissioner's Office and my local MP.

 

I look forward to hearing from you.

 

In addition:

 

I have received a response from Equifax when I disputed the default on my credit file which is below:

 

Thank you for getting in touch.

 

Hoist Portfolio has investigated your query and have told do not hold any details of another person being liable for this account.

 

However, they have asked that you may contact Barclay which is the original creditor of this account

using the following details if you think you have been a victim of fraud.

 

Phone: Barclaycard fraud department on 0800 318 665.

 

The note that we added, stating that your information was in dispute will be removed within 24 hours.

You’ll find more information about your credit report at: (equifax website) .

If you have a question, you should find the answer in our FAQ section.

If not, you can send us an online query, and attach your documents to it

– no need to worry about them getting lost or delayed in the post.

 

I hope you find this useful. If there’s anything else we can do for you, please let us know.

 

Kind regards

 

Equifax Customer Services

 

I have sent this in response in anger:

 

I am not satisfied in anyway with this response,

I have contacted barclaycard and they have stated that as I do not have an account

I cannot lodge a complaint with them unless I set one up.

 

I do not feel I have been a victim of fraud in anyway.

I have had no post from Barclaycard, I have had no contact from Barclaycard. I have had no statements ever.

I have had no record of this appearing in my credit file at any point ever until last week

and the record they have states that the account was opened in 2009

and a default lodged in 2015.

 

If this is correct who has accumulated this alledged debt,

and what has happened between 2009 and 2016 to get to this point.

 

If these two events occurred when they say that they did, why have they not appearred sooner?

This bring the credibility of this data into question.

 

I understand as the credit reference agency, you do rely on the alleged creditor to remove the default

however you do have responsibilities yourselves.

 

I have checked this matter with the Information Commissioners Office and their website states

" If you have contacted the credit reference agencies and the original lender

and there is an obvious inaccuracy which they are unwilling to correct

then you may wish to report your concerns to the ICO.

Please note that it's not our role to decide on financial disputes."

 

And I will be doing this, they also state

"As a general rule, if the entry you are looking at has the name of a company on it,

it’s likely to be that company who is responsible for that entry.

 

The CRAs cannot amend this data without the permission of that company.

 

Having said this, we still expect the CRAs to take reasonable measures to ensure the information

that is reported by lenders via their credit files is accurate.

 

The information that is generated by the CRAs and for which they are responsible,

includes financial links, linked addresses and alias information."

 

What measures have Equifax taken to ensure this data is accurate?

What evidence do you have of any financial links?, linked addresses? and alias information?

 

I will take this matter to court if it is not resolved and both you and this alledged creditor refuse to rectify this matter.

What proof have you seen that this debt it mine?

If you have such proof why do I not have this proof?

The reason being it does not exist.

 

I want this to be but back to the company who has registered this default to prove the accuracy of this data

which they have to do before asking someone to pay.

 

I want the next response from you both to outline any escalation routes and also be your final answer.

As you are both so sure of the accuracy of this data it should be no problem at all

for you to give your final response in your next reponse and I will take it to the Financial Conduct Authority

and the Information Commisioners office, and then court if needs be and I will be seeking compensation.

 

I thought this matter would be quickly sorted as a simple mistake,

I'm starting to think this is going to be very difficult and time consuming.

 

I was literally going to take out a mortgage in a few months time

and that plan has now been completly scuppered for god knows how long.

 

Any advice on what to do next and any next steps appreciated.

[dx100uk]

as I said before go ring Barclaycard

with the 16 digit number

and ask them why this card

which is not yours

is showing on your credit file.

 

 

go ring the ICO

and ask them for advise

 

 

sorry but your emails are rather pointless

[Hackylad]

Thanks for the reply anyway, would you recommend ringing the fraud team as they have suggested or the general customer service number?

[dx100uk]

fraud team might short circuit the wolves at the door yes.

 

 

pers i'd go ring the ICO first

ask them for advice

tell them what you intend to do and have done

then go rig the fraud team

 

 

that way the correct info will be fresh in your mind from the ICO.

in these instance we usually find the ICO very swift and useful.

might not be a bad idea to let actionfraud in on the act too.

but findout the best info upon how to act first.

 

 

dx

[slick132]

Hi Hack and welcome to CAG

 

I agree with DX - your lengthy letters or emails are too long and aren't likely to get you the results you want.

 

I'd have written to BC saying :-

 

I refer to demands from Robinson Way seeking payment for a Barclaycard account allegedly in my name with account number xxxx.

 

I deny knowledge of the account and require that you furnish details to show it was my account.

 

Otherwise I require that you instruct Robinson Way and any other party involved to cease demands immediately.

 

This matter has adversely affected my CRA files and I will seek compensation from you, particularly as I was intending to get a mortgage in the next few months.

 

Sometimes, less is more !

 

Anyway, what's done is done, so let us know what replies you get.

 

[Hackylad]

Hello again

 

As per previous advice, I am still waiting for the ICO to send me some information they said this could take a few days so they are emailing that across to me before contacting Robinson Way.

 

In the meantime the responses I have had are as follows from the CRA's and Barclaycard:

 

All 3 Credit Reference Agencies have approached Robinson Way to correct the data and they have refused, all advise me to contact Barclaycard fraud team:

 

I have done so, and Barclaycard rang me back and said they did not provide Robinson Way with my address or details.

 

 

They advised that the account used to be a Goldfish account and transferred into them when they took it over.

 

 

Barclaycard advised they provided Robinson Way with an address which they gave me which is not mine and nor is what I have ever lived at.

 

 

They also confirmed my old account with them from many years ago was closed and paid off as part of the IVA.

 

They advised me that none of the information they gave Robinson Way was my details other than the name and date of birth which does match.

 

 

Barclaycard said there is no information they have given Robinson Way to link it to me and Robinson Way must have done a trace to link it to me.

 

 

As such they have sold the debt and there is nothing they can do about it as it is now Robinson Ways debt and they haven't given my details to them.

 

 

They said they have investigated fraud and don't feel it is fraud as the person whose account it is paid them from 2009 right through til 2014.

I asked them to email me the response which they sent the below:

 

Dear xxxxxxxx

 

Thank You for speaking to me today.

I was sorry to hear about your concern regarding contact by Robinson Way about a debt for account ending xxxx, which you believe is not yours, but happy I was able to resolve your complaint.

 

As we discussed today, having spoken to our fraud department, I am confident that there is no issue of fraud on this account.

 

 

In March of year this account was sold to Robinson Way with the address of xxxxxx Street.

I believe that a search performed by them after this point led them to you,

due to your name and date of birth being the same as the one held for the account.

 

Since we no longer have any authority over this debt, you will need to contact Robinson Way to advise them that you believe you are being incorrectly pursued for this debt so that they can investigate further.

 

Kind Regards

xxxx xxxxxxxxx

 

 

I am still awaiting Robinson Ways response to my original letter which I sent in haste it seems.

 

 

In the meantime while I wait the information from the ICO and any response from my letter before contacting Robinson Way again.

 

 

Is there any other steps I could take. while waiting for this?

[slick132]

Hi Hacky,

 

I'd now write to Robinson Way saying :-

 

Dear sir or madam,

 

Further to my letter of xxdate, I have now heard from Barclaycard who have confirmed that the debt you are chasing me for has nothing to do with me and clearly relates to a different address.

 

Each of the three Credit Reference Agencies I have contacted tell me they are unable to remove the adverse data posted and advised that I contact Barclaycard. However, as BC have confirmed I am not the debtor, I hold Robinson Way responsible for the damage being caused to my reputation.

 

I require that you instruct the immediate removal of my address by the CRA's currently posting adverse credit data.

 

I will monitor the CRA's closely with a view to seeking compensation for the damage that Robinson Way has caused to my reputation.

 

In this connection, I draw your attention to Conc-FCA rules, CONC 9.2 Conduct of business; also to the case of Kpohraror v Woolwich Building Society, CA 1996.

 

I require your considered response within 10 days but reserve the right to take action against you before or after this deadline.

 

Yours faithfully,

 

You may be wise to see the opinion of others, as to what they suggest.

 

[Hackylad]

Update today

 

Received letter from Robinson Way dated 2nd June stating the following:

 

Dear xxxxxxxxxxxxx

 

We write with regards to your recent communication, in which you outline your concerns about our attempts to contact an unrelated party.

 

Please accept our apologies for any inconvenience caused; we can assure you our records have been updated.

 

We thank you for the information you have supplied.

 

Yours Sincerely

 

Robinson Way

Customer Contact Manager

 

 

The letter seems good but is a bit vague and as of yet my credit reference files still show the debt. Although only 1 working day has passed since the letter was sent. I will dispute with the CRA's online again just in case. What does anyone think who may have seen this before?

[slick132]

Hi Hacky,

 

Monitor the CRA file closely and let us know if or when the adverse CRA is removed.

 

If the adverse data continues to be shown for more than a day or two, I'd consider a formal complaint to the ICO, plus a complaint demanding compensation.

 

[slick132]

Hi Hacky,

 

Post made earlier today by someone else removed to avoid hijacking.