Robinson Way & Barclaycard debt - now cohen letter of claim

[Jaymond]

Need a bit of help with an old Barclaycard debt that has been passed onto Robinson Way

 

A bit of back story...

 

In 1998 when I started college, Barclays were targeting students and offering them free mobile phones (this is before everyone had them!). I knew that Barclaycard's interest rate was pretty bad compared to most, so almost never used the card and had a direct debit set up to pay the minimum balance (standard student mentality).

 

Fast forward to a couple of years ago... I hadn't seen any statements in years, but Barclaycard send me a notice of default to say that my direct debit had been cancelled 3 months previous and I was behind with my payments, and that my card was now over it's limit! This was obviously news to me because I hadn't seen any statements.

 

I obviously phoned Barclaycard to sort it out, and told them that I wanted to see statements and why I wasn't receiving them etc. They said I was signed up to online banking so I can manage everything online and as such, they don't send out paper statements.

 

Unfortunately, I don't have the card anymore due to it expiring and them never sending me a new one or the reader to go with it. I also don't know any of the secure information to log in.

 

She said she couldn't give me access to my online banking until the account was sorted, so I made a payment to bring it back in line. She then said she couldn't give me access because it would take several days for the system to register the payment, and that all I need to do is phone the call centre in a few days time.

 

I waited a few days and then phoned the call centre... Unfortunately, trying to explain to their indian call centre that you can't log in to online banking is rather more difficult than it should be. The general response was always that the problem must be at my end, because they can log in fine. They couldn't grasp the concept that I was unable to log in due to not knowing any of the passwords or information. I tried this several times, but got frustrated.

 

Obviously the account then went back over it's limit... the recovery team phoned me, I paid an amount... complained again about the situation, but ultimately nothing changed and we went around in circles.

 

Finally last November/December I'd had enough and was determined to go through to their complaints department.

 

Took me an age to get through because the indian call centre employee was determined to try and sort the problem himself without listening to my problem or understand what I was saying

 

. Eventually I got though, and I explained that from my point of view, Barclaycard were withholding information about my account from me, and denying me access to online banking so I wasn't able to manage the debt or see how it had got so high on a card I hadn't used in several years.

 

I was told that it would be raised as a formal complaint and that as the account was now closed, no further interest or charges would be added. I was also told that they would call me at some point in January to discuss it.... They never did.

 

In early january I get a phone call from someone asking me to confirm my details for security purposes... Obviously I said no, because they phoned me. They said they would write to me instead. I then get a letter from Robinson Way, as well as one from Barclaycard (albeit a black and white photocopy rather than on their blue letterhead) saying my debt was now transferred to HPH, and was being managed by Robinson Way.

 

I suppose, my question is... can they just pass on a debt? I mean I don't know who this company is, and I was trying to dispute it with Barclaycard. I had actually threatened to go to the ombudsman as I think this was rather underhanded behaviour.

 

This morning I received a letter saying they'd accept £1722.93 in a single payment to settle the £2297.24 debt. Obviously I want it all settled as quickly as possible, but at the same time I don't want to be costing myself money unnecessarily.

 

I was prepared to take Barclaycard to the small claims court, but I'm guessing that they passed the debt on so that couldn't happen.

 

Any idea what my next step should be?

[renegadeimp]

Robbers way only deal in bad debts so dont worry. The debt is obviously unenforceably and very likely because they know they be highly unlikely to ever get the original agreement needed to enforce collection.

 

So they just send you a letter saying theyll accept a discount on it as settlement, when in reality they arent entitled to a single penny of it.

 

basically you can COMPLETELY ignore them or send them a CCA request.

[gregs07]

If they're offering discounts from the off set 99% it's unenforceable. Get a cca request off asap. If the agreement was from 98 liklihood is its non compliant or non existant.stay off the phone do everything in writing.

[dx100uk]

Is this on your credit file?

When did you last pay?

[Jaymond]

Could do with some advice on the best way to proceed...

 

In 1998 when I first started college, Barclaycard came to our freshers fare and I was told if I signed up for a credit card, I'd get a free mobile phone. as an 18 year old, and with mobile phones being a new thing, I obviously did it straight away. Being so young, and not very clever with money, I took the precaution of setting up a direct debit for the minimum monthly payment, so that at least if I forgot to pay it off, I wouldn't keep adding to my balance.

 

As time went on, the card itself stopped getting used, and became my 'emergency card' because Barclaycards are accepted everywhere right? Fast forward to 2012 and I moved to my new flat, and change all my addresses on all my accounts. I remember seeing 1 or 2 statements following the move, but at some point they stopped, and because I never used the card, I didn't even notice. In fact, I didn't even have the card and don't remember the last time a replacement for an expired card was event sent.

 

Around 2014/2015 I started getting phone calls from Barclaycard saying that I was in arrears on my account. This was a shock to me, because although I knew there was a balance on it, it was paying out an amount each month. Turns out the minimum payment isn't enough to cover the interest, and over time the balance had got higher and higher to the point where it was over it's limit! I phoned up and payed a few hundred pounds to get it back under, which the advisor said would sort it all out. I asked about statements, and was told that I'd signed up for online banking. I wasn't aware of this, and not having the physical card, or any passwords made it rather difficult to log in and keep abreast of my situation. They said they couldn't give me the passwords for security reasons.

 

This repeated itself a number of times with me going over my limit, getting phone calls, then making a payment, purely because they say so, and with me not having any access to my account to maintain it.

 

Eventually, I said enough is enough, and if they can't give me access to my account details, then I'm not going to pay them any more money. That was in 2016 and in September of that year, a default was added onto my account for £244.57, to be paid before October.

 

In late October, because I told them I wasn't paying until I could properly manage my account, I received a bill for the total balance of £2382.24, which if I remember correctly, is significantly over the credit limit of £1500-1750 (I forget exactly what it was).

 

In January 2017, I received a photocopy of a letter from Barclaycard (I say that because it was black and white, rather than colour like I'd had before) saying that my account had been transferred to Hoist Portfolio Limited on 16th December 2016, and that they'd appointed Robinson Way as their servicing agent.

 

From then until June 2017 I was sent regular letters by Robinson Way, when they stopped for a couple months. In August I started to get letters from Moorcroft Debt Recovery with all of the same discount offers etc. In December 2017, it switched back to Robinson Way.

 

Last week I received a 'Letter of Claim' from Howard Cohen Solicitors sent in accordance with the Pre-Action Protocol for Debt Claims. As far as I can make out, it's all done correctly, so it appears as though their intent is to take me to court - which I'd rather avoid obviously. I'd also like to not pay any money (wouldn't we all!).

 

Interestingly, the last letter I have from Robinson Way is dated 3/9/18, and the letter from Howard Cohen says they've purchased the account and it was legally assigned on 5/9/18, which implies that my account has been passed around between them a number of times over the passed couple of years.

 

I have until 18/11/18 to respond. I understand that I can't just ignore them anymore, and I need to send the form back. The reason Barclaycard sold the debt, was that I challenged it. I've probably paid the balance off multiple times in interest, and I feel that it's underhanded of them for minimum payments to be less than is required to stop the balance rising, coupled with their refusal to give me access to my account. So do I pick 'Box D' and say I dispute the debt, given that this acknowledges the existence of the debt, or 'Box I' that I need more information, on the basis, that it was a lack of information on the debt that cause me to default in the first place?

 

Sorry for the wall of test, but I wanted to try and cover everything. Any help would be greatly appreciated!

[renegadeimp]

simple. FOr now, send them a CCA. It is extremely unlikely theyll get a compliant CCA response, but theyre simply chancing their luck. They just hope to get a CCJ by default as theyve had no response off you.

 

When was the last time you made any payment to the debt, or written acknowledgement is is yours. Has there been any period of 6 years where you havent acknowledged it or not made a payment.

[Jaymond]

Thanks for the reply.

 

The last payment was in 2016 over the phone to Barclaycard, so only 2 years or so.

 

What do I do about the form they sent me?

[dx100uk]

If you have a pap letter

Follow post 4 here

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[Jaymond]

If you have a pap letter

Follow post 4 here

 

Thanks, that was useful

[dx100uk]

I've merged an old thread from a while back with more of the story.

 

when did you last pay this?

is an outstanding question I see that's now been answered ta!

 

dx

[Jaymond]

Interestingly, I received a letter today from Barclaycard themselves saying that due to them reviewing their operating procedures, they hadn't met there expected standards when dealing with me and as such, were instructing Hoist Finance to reduce my outstanding balance by £720.61, which actually brings it pretty close to what I think my original credit rating was.

 

I don't think this has an impact on anything as far as my response to the Howard Cohen Letter of Claim, which is all ready to go with a postal order attached tomorrow.

[dx100uk]

and a CCA request ofcourse?

[Jaymond]

and a CCA request ofcourse?

 

Yup, all the things

[Jaymond]

Little update... yesterday I received a letter back from Robinson Way saying that they are processing my CCA request, along with my postal order because apparently it's not necessary.

[dx100uk]

Oh well they still have to comply

Very doubtful for a 1998 card

And if they do it will be the std 6220000 stuff thats on 100's of threads here

Rubbish!!

[Jaymond]

How long do they have to come back to me with everything I've requested?

 

It's been over two months now.

[dx100uk]

did you not read what you sent them?

[renegadeimp]

they have 12+2 days to fulfil it. They obviously cant, so you ignore them totally until they ever do.

 

Theyre likely in the process of selling it on, as youve called their bluff.

 

You also should really read what you send so youre clued up on the process and not just treat it as a copy and paste then post exercise.

[Jaymond]

The letter I sent said 'statutory period', and I wasn't entirely sure what that was.

 

Funny that you say they're likely selling it on... I just received an email from Lowell saying that they need me to get in touch with them as they've been trying to reach me

[dx100uk]

read the text of the full 1st post of the CCA request link.

 

this debt is already sold to HPH2 uk [hence robbersway/cohen] so wont be sold on again no.]

 

go look at your credit file

has another debt been sold on and all the letters have gone to and old address?

[Jaymond]

I'll check it out

 

I don't have any other debts that would be sold on

[dx100uk]

extremely rare for HPH2 to sell a debt to lowells.

[Jaymond]

I took the advice of people here and sent a CCA request for the original agreement and statements etc.

I had a reply 2 weeks later saying that they were processing my CCA request, and they returned my postal order.

 

Well today, August 17th,

I received a load of statements from them dating back (as far as I can tell because they aren't in any order) to 2011.

 

There's no credit agreement,

despite the covering letter saying there is,

and the account should date back to 1999,

so there's 12 years of statements missing on top of that.

 

So what should be my next step?

 

They've given me until September 13th to respond.

 

 

 

 

 

 

 

 

[dx100uk]

stuff and all if there no signed agreement in the return

 

dx

 

[Jaymond]

So I just ignore it?