Barclaycard & Robinson Way

[Essemess]

This one may be very quick "discontinued" but.... The brief history is -

 

03/2011 - Last payment made on account. Wrote Barclays to request true copy of signed agreement

08/2011 - Mercers letters

01/2015 - MKDP letters - Responded during this period with S.78 02/2015 and followed up with 12+2 expired 02/2015

04/2016 - Robbers Way letters - I responded with dispute letter

09/2016 - Cohen letters - Responded with reminder that the S.78 had not been answered and enclosed copies

02/2017 - Queried incorrect default date on credit reference file for Hoist Ex Barclaycard. DCA didn't respond to CRA

04/2017 - Cohen letters - Responded again to Cohen reminding them of past S.78 and enclosed copies.

 

There have been some big gaps between anyone sending the standard 'give us your money' letters and now rapidly approaching

(past?) the statute barred date.

 

I have now received a letter from Robbers Way in which they apologise for their late response and

 

"We appreciate that you wrote to us back in November 2015 to request a copy of your agreement which you have yet to receive.

 

We can confirm that we have queried and requested a copy of this from our clients for you".

 

They also state they have suspended collection activities and account is on hold.

That was 3 weeks ago now.

 

At the same time as I received the above mentioned letter from Robbers Way,

the record for Hoist has disappeared from my credit file,

leaving only the original Barclaycard account which is marked as settled and closed in 12/2011.

 

Is the best advice now to sit tight and now do nothing?

 

Just had a look on another credit reference file at my data,

this one is fed by Equifax..

. The Hoist original Barclaycard account is marked as closed with a current balance of zero. The Hoist account is also listed in the closed section with the old balance from the Barclay card..

 

 

With this account now being listed as closed does that mean that the DCA has marked it as such?

[slick132]

Hi Ess,

 

If those dates are right, the debt is now SB'd, or very close to it. I'd say it will be SB'd by the end of June at the latest, depending on the date you last made payment, and the date you were due to next pay but failed.

 

Stop replying to anything until you get the credit agreement.

 

If they contact you further, don't reply but seek advice here first.

 

The a/c should drop off your CRA files soon but, if it doesn't, you can write and demand that this happens.

 

[Essemess]

Thanks for the advice Slick.

 

I was tempted to poke Robbers with a letter giving them grief for still not answering the S78 but will leave it alone.

 

The statute bar should be here and gone now but the actual default wasn't registered until Dec 2011 which is over 9 months after my last payment.

 

I chased this up but received no response from MKDP (the DCA at the time) about the discrepancy.

 

I'll leave it until the end of June then start making demands of Robbers that this thing drops off my file.

 

For now, I'll keep quiet and enjoy the silence

 

Thanks again

 

- Essemess

[slick132]

Their delay in sending or registering the default doesn't affect your position.

 

After you sent the CCA Request, you had no need to chase them further. The ball was, and remains, in their court.

 

[dx100uk]

yep your issue has been your pointless letter tennis

once a CCA fails

you go radio silent.

till/if they comply

 

 

dx

[Essemess]

Thanks again dx & Slick for the good advice. I should have posted the saga up here ages ago! Hope it helps others.

[Essemess]

Letter turned up from robbers-way with a "Barclaycard CAS MART Application Retrieval" print out attached. This is (according to the letter) a reconstituted copy of the credit agreement. Apart from my personal details and an initial credit limit, there's nothing much on it.

 

Robbers way want me to get in contact with in 10 days. It's now 6 years and 4 months since the original request to barclaycard for the agreement and my last payment to them. Safe to say now SB'd?

 

Should I keep quiet and not reply to their letter?

[dx100uk]

should have done that the day after you initially sent the CCA request...

 

 

when did you sign up for the card?

[Essemess]

Was taken out back in August 2007. Can't believe it's taken them this long but glad about it.

[dx100uk]

can you scan that return upto ONE multipage PDF and UPLOAD

 

 

go ring Barclaycard and ask last payment date.

 

 

dx

[Essemess]

I've contacted Barclay card via their online SAR form but do have my accounts going back some years...last payment date was March 2011. This is backed up by history on credit score websites (Noddle & Clearscore) Exact date should come in the SAR pack.

 

Documents attached with the usual blur applied.

 

barclaycard-robinsonway.compressed.pdf

[dx100uk]

then its statute barred dead

[Essemess]

Thanks, dx. It's good to have confirmation. I'd assumed as much having read plenty of posts on the forum. General consensus seemed to be last payment + a month or so for the 6yr clock to start.

 

Should I now write to Barclaycard to have them amend the data held by credit reference agencies? The ones I have looked at have 6 year clock ending November 2017. April 2017 (or May 2017 at the latest) would seem to be more accurate and therefor have this drop off my file?

 

Do I need to respond to Robbers Way to advise them that this debt is now SB'd? I'd like to head off any potential for misguided action by the DCAs.

 

Many thanks to you and everyone on the forums for your advice.

[slick132]

Hi Ess,

 

SB date is simply 6 years from the last payment.

 

The date a debt should be defaulted is the subject of much debate but I say you should use the date you last paid (or failed to pay the amount required) plus 3 months. That should give you a good guide for the date by which an account should have been defaulted.

 

Write to Robinson Way using the SB letter from the library if you want. Or simply ignore them for now.

 

[dx100uk]

Let them be stupid and issue a claim form

 

SB defence will kill it dead

 

By the time you've argued with BC on the correct default date

Those registered will be gone

 

Dx

[Essemess]

DX, Slick - Thanks for all you advice on this one.

 

My credit score is healthy again so I'm just going to sit tight and reply with the SB letter if Robbers Way start to get feisty. The BC and Hoist accounts are closed and will drop off my credit reports by December so it seems best just to wait it out.

 

There's nothing much left to do other than send in a donation

 

Thanks, guys.

 

- Essemess

[slick132]

Hi Ess

 

Your donation will be appreciated and will help us remain here .............

 

[Essemess]

Tis done Cheers to you and the team.

[Essemess]

Letter from Robbers Way today offering me a 50% discount off the balance. Bless. I think Ill file that one where it belongs.

[Old Cogger]

Letter from Robbers Way today offering me a 50% discount off the balance. Bless. I think Ill file that one where it belongs.

 

Make sure you flush it as well