Hoist/? claimform - old Barclaycard 'debt'***Claim Discontinued***

[martin2006]

What date did you take the agreement out?

 

Still need to sar, they will be littered with reclaimable charges which coukd outweigh any debt allegedly owed

[joebloggs72]

agreement took out on april 7th 2002 according to experian settled uder barclays on 14 feb 2013

 

dafaulted according to MKDP on 24 feb 2012 the sar i will have to send off for

[dx100uk]

defaulted date should not change from that registered by the OC upon sale.

and if the card was opened in 2002

then a recon is a no go.

 

 

must be the signed version they produce.

 

 

so rock-on MKDP.

 

 

dx

[joebloggs72]

think i did the pdf right working with paint and a phone here and word online as i dont have word

barclaycard 7th april 2002 hades8840.pdf

[martin2006]

As dx points out, a reconstituted agreement will simply not do for court as the agreement pre dates April 2007 which means they need the original to go to court.

Post April 2007 agreements CAN be reconstituted but in this case its a big fat oooooops!!

[joebloggs72]

i thought i read a few years back that some banks had won on pre 2007 cases on non signed agreements... if this isnt the case what should i do with robinsonway and the solictors as no doubt they will sill push for the ccj

 

cant edit so replying i found the post i was o about that seems to state that pre 2007 agreements even without a signed agreement can be enforced or thats how i read it .. because they can use other factors the courts will accept as proof i can post the site here or copy and paste the article .. i have no idea whats correct

[Bazooka Boo]

If they wish to pursue this via the courts, then they will need the original, as has already been pointed out.

 

What they are hoping now is that, you won't know this, and will capitulate and begin paying, or make them an offer in order to reset the clock.

 

So my advice would be to sit on your hands and do nothing, they have failed to supply a copy of the ORIGINAL agreement, they know this, they just hope you don't.

 

Robbersway by name, robbersway by nature.

[dx100uk]

been going on 4yrs now

if they'd been confident about court

they'd have done it already.

 

 

prob due to SB fast approaching they are testing the water.?

 

 

if you look in the legal successes forum

and in the financial legal forum

 

 

you'll find 99% of cases with these BC recons result in either stayed or disc'd cases

though of course you cant ever predict the judge lottery.

[joebloggs72]

I found all the paperwork out i have relating to this the debt

 

 

was owed by MKDP after i sent the the cca they kept sending letters saying

""at this time we must apologise as we are still unable to fufill your request etc etc"

last one i have is dated 10th november 2014..

i had received the reconstituted agreement just prior to this i think direct from barclaycard or i believe it was from them..

 

 

i never got another letter off MKDP and then i had them come from robinsonway over last couple months

to be honest i just binned them .

. as i followed this places advice and ignored them until i got the letter off Howard Cohen on the 14th of may

 

according to my experian file MKDP still own the debt

 

i noticed something dont know if it matters or not

when i had my credit cards with barclays i never had the normal interest rate

i had 12.9% it shows on the barclay conditions page as 15.9%

which is what they put it up to after a while also shows my current address not the address i took the agreement out on..

 

my dilemma is if i ignore this like its been suggested and they do take me to court

then the interest and charges there asking for will throw my total debt above £20k

and i wont be able to apply for a DRO

 

if i go for the DRO now which i dont really want too was hoping this to go SB eventually

then i have a 6 year mark against my credit file..

 

i am trying to weigh up my options as i had slowly been rebuilding my credit score

and the only negatives i have on my file are the two MKDP owned barclaycard debts

 

now do i inform robinsonway that there is no signed agreement and hope they see this

as they cant take me to court or do i let them and hope i get a judge who likes his i's dotted and t's crossed

[martin2006]

Inform RW of nothing.

Get the sar going and put in a claim for all charges plus restitutionary interest, include the removal of all eroneous cra info from BC and any 3rd party dca's as part of your claim.

They have no valid enforceable agreement to pursue you in the courts and even if they did try sending you a claimform, there is a suitable defence to knock em out.

You dont need to dro unless there are other debts being included which we know nowt about.

 

Get reclaiming, it will no doubt wipe out any alleged debt and give you some cash to boot, what are you waiting for?

[dx100uk]

firstly

can you go start a thread about the DRO thoughts please

and list all your debts

IMHO you need help on that.

 

 

dx

[joebloggs72]

thankyou but i dont need help on the DRO as thats my final resort

 

 

all my debts i pay except the two barclaycard debts there a thorn in my side..

 

 

all are small but i know if i went down the DRO route

i would have to list them and be under the 20K threshold

 

 

i also know i need someone like nationaldebtline to do the paperwork for the reciever to do the DRO..

[joebloggs72]

Inform RW of nothing.

Get the sar going and put in a claim for all charges plus restitutionary interest, include the removal of all eroneous cra info from BC and any 3rd party dca's as part of your claim.

They have no valid enforceable agreement to pursue you in the courts and even if they did try sending you a claimform, there is a suitable defence to knock em out.

You dont need to dro unless there are other debts being included which we know nowt about.

 

Get reclaiming, it will no doubt wipe out any alleged debt and give you some cash to boot, what are you waiting for?

 

i am getting a £10 postal order tomorrow for this

i just need walking through the process as all the abbreviations

and what letter/s and wording i need to send to get exactly what i need

and the correct address to send it too .

 

 

..its becoming very confusing again i think thats why i left it last time

it did cause me alot of stress once i learned thanx to this place that DCA are toothless

i did sleep better instead of constant stress couple more years they would been SB

[dx100uk]

I found all the paperwork out i have relating to this the debt

 

was owed by MKDP after i sent the the cca they kept sending letters saying

""at this time we must apologise as we are still unable to fufill your request etc etc"

last one i have is dated 10th november 2014..

i had received the reconstituted agreement just prior to this i think direct from barclaycard or i believe it was from them..

 

i never got another letter off MKDP and then i had them come from robinsonway over last couple months

to be honest i just binned them .

. as i followed this places advice and ignored them until i got the letter off Howard Cohen on the 14th of may

according to my experian file MKDP still own the debt

 

 

let explain something

recently HPH2 ltd [the Hoist group / Robbersway recent bought MKDP and their portfolio of 'debts'

SO MKDP/RWAY/Cohen are ALL the same offce

just the next bloke at the next desk in a diff coloured skirt on

so stop panicking..

i noticed something dont know if it matters or not

when i had my credit cards with barclays i never had the normal interest rate

i had 12.9% it shows on the barclay conditions page as 15.9%

which is what they put it up to after a while also shows my current address not the address i took the agreement out on..

 

my dilemma is if i ignore this like its been suggested and they do take me to court

then the interest and charges there asking for will throw my total debt above £20k

and i wont be able to apply for a DRO

 

if i go for the DRO now which i dont really want too was hoping this to go SB eventually

then i have a 6 year mark against my credit file..

 

i am trying to weigh up my options as i had slowly been rebuilding my credit score

and the only negatives i have on my file are the two MKDP owned barclaycard debts

 

now do i inform robinsonway that there is no signed agreement and hope they see this

as they cant take me to court or do i let them and hope i get a judge who likes his i's dotted and t's crossed

 

 

dx

[dx100uk]

i am getting a £10 postal order tomorrow for this

i just need walking through the process as all the abbreviations

and what letter/s and wording i need to send to get exactly what i need

and the correct address to send it too .

 

 

..its becoming very confusing again i think thats why i left it last time

it did cause me alot of stress once i learned thanx to this place that DCA are toothless

i did sleep better instead of constant stress couple more years they would been SB

 

 

SAR

 

 

you don't need to change any wording other than the OBV

 

 

remember to read the WHOLE SAR thread first.

 

 

as for the address

you are in the Barclaycard forum

go to the top of your thread

click the light blue Barclaycard shown

see the yellow/red stickies that come up

[joebloggs72]

dx

 

lol the guy on the next desk is what i looked for before coming here but as the registered address for howard chen and hoist werent even in the same citys i assumed they had no connection nice to know there all the same

[martin2006]

one sar for all Barclays/Barclaycard accounts, so only one £10 PO needed

 

Barclays Bank PLC

Data Protection Team

Radbrooke Hall

Knutsford

Cheshire

WA16 9EU

[dx100uk]

thankyou but i dont need help on the DRO as thats my final resort

 

 

all my debts i pay except the two barclaycard debts there a thorn in my side..

 

 

all are small but i know if i went down the DRO route

i would have to list them and be under the 20K threshold

 

 

i also know i need someone like nationaldebtline to do the paperwork for the reciever to do the DRO..

I am questioning your need for a dro

if you have conducted your 'assumptions' that you owe these debt

hence you are paying

the way you've done these cards.

I question why you are paying them.

[joebloggs72]

I am questioning your need for a dro

if you have conducted your 'assumptions' that you owe these debt

hence you are paying

the way you've done these cards.

I question why you are paying them.

 

I dont need a dro i can pay the debts i currently have as long as the two defaulted ones left me alone

the new debts i have some are very recent

it was my way of rebuilding my credit rating

so when the last two defaulted items fell off my credit file in two years

i would have a reasonable credit rating again

with the knowledge of not messing up again.

 

 

. the dro was to be honest the only thing i could see as a option if a ccj was filed against me

as my record would of been screwed up again for 6 years

 

 

might aswell take the dro out and clear it all as my plan to repair my credit would be gone with a ccj.

.. plus even though they are toothless unless high court bailiffs i didnt fancy a visit

[joebloggs72]

one sar for all Barclays/Barclaycard accounts, so only one £10 PO needed

 

Barclays Bank PLC

Data Protection Team

Radbrooke Hall

Knutsford

Cheshire

WA16 9EU

 

thankyou for this its slighty different from the one in the sticky

[dx100uk]

a dro will kill your credit file and any chance of a mortgage for a lot longer than a CCJ will.

 

 

not sure what you ar reading about HCEO's either

very very few consumer credit CCJ's ever get sent to HCEO's.

you've been watching to much TV or reading FMoTl sites me thinks.

[joebloggs72]

SAR

 

 

you don't need to change any wording other than the OBV

 

 

remember to read the WHOLE SAR thread first.

 

 

as for the address

you are in the Barclaycard forum

go to the top of your thread

click the light blue Barclaycard shown

see the yellow/red stickies that come up

 

thankyou for the help

 

i have filled the boxes in on the pdf version just need to add the original address to the letter even though they have the new one they listed it on the cca request they sent or should they have the address linked?

 

also need to sign it but i feel wary on that as this forum always said no leave your signature around..

 

dont think i need the council tax bill or hope i dont as same reason with address as the cc a they sent me has both addresses on

[joebloggs72]

a dro will kill your credit file and any chance of a mortgage for a lot longer than a CCJ will.

 

 

not sure what you ar reading about HCEO's either

very very few consumer credit CCJ's ever get sent to HCEO's.

you've been watching to much TV or reading FMoTl sites me thinks.

 

lol i know magistrate bailiffs have no powers of entry i just wasnt sure if it would escalate if i still ignored the ccj and bailiffs

[dx100uk]

its the CCA request that you don't sign...

 

 

sar you must ALWAYS sign.

its a legal requirement

read the SAR thread.

 

 

as for the address

you use the one where you are now

should that not be the one BC have on record

you need to provide proof of who/where you are now

else BC will refuse the DPA

[dx100uk]

lol i know magistrate bailiffs have no powers of entry i just wasnt sure if it would escalate if i still ignored the ccj and bailiffs

what has a magistrates court or bailiff got to do with consumer credit debts and CCJ's

you are seriously reading some very weird sites.

 

 

dx