Robinson Way/Hoist portfolio2 chasing old Barclaycard 'debt'

[Boltmaker]

Hi there,

 

Not been on here for a while when valuable help was received from you guys.

 

 

Now have started receiving letters from RW/HP2 regarding old B/C account which was defaulted in 2013.

 

 

Back then requested agreement from BC but only ever received T&C's and eventually a letter indicating, but not actually stating they did not have agreement.

Account from late 1980's.

 

 

Been thru three or four other DC company's who eventually gave up and sold the debt on or returned it to BC.

 

 

All starting over again with this outfit.

Have not replied to any so far.

Any advice about this outfit will be appreciated.

 

Many thanks

[unclebulgaria67]

If you look in the financial legal folder there are a number of current court claims involving BC and Hoist.

 

Due to the age of the CCA, they need the original CCA if you defended any claim. It is whether you ask for it now and give them the time to get hold of it. If they can't then the debt is unenforceable and they may not pursue further, other than say it is due and your credit record will be noted. Or you wait to see if they issue a court claim and you defend it, knowing that they may not have time to get hold of the CCA or may not be able to get hold of it at all.

 

It is up to you really. Not dealing with it now by making the CCA now, might lead to RW continuing their standard process and eventually a claim is issued. Then you have the hassle of defending.

[renegadeimp]

Send them a CCA/ Tell them if they keep harassing you will report them.

 

Theyll NEVER get the original CCA.

[dx100uk]

is this a different card to your morgan Stanley one?

 

 

dx

[Boltmaker]

Have in the past ask BC for CCA agreement and only ever received T&Cs accompanied by a letter stating that is all they are required to supply and indicating, but not actually stating, they do not have an agreement. Several other DCA's in the past have given up, passed the problem on or back to BC

[renegadeimp]

They won't be able to get the original cca. If they try court they'd be stumped

[dx100uk]

Post 4

[catquest]

If they send you a reconstruction ( and they would use that in court with a witness claiming it was the correct agreement at the time ) then you will need to find some evidence in the T&Cs which shows it can't be your card ( eg look out for special interest rates for Premier Football tickets ). By the way I found out from a Barclays SAR that they told MKDP that a debt is s78 unenforceable at the point of sale.

[renegadeimp]

They need the original for an account that old. reconstruction wont suffice

[Boltmaker]

HI DX100UK

 

Apologies for delay in reply but health issues took priority.

 

 

This dispute has been ongoing since 2009 when BC failed to supply a copy of my request for a true copy of the CCA only providing T&C's.

 

 

Account been thru several DCA's who all backed down when challenged.

 

 

Not sure if it is the M&S one or another.