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HPH/cohen PAP letter of claim - ex Barclaycard [EX-EGG Card] debt with different account number

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Hi,

 

I sent out a CCA request to DLC, who were collecting for an old Egg debt;

I have been paying £1 token payments to them every since the account defaulted over 6 years ago,

and due to having moved house a couple of times since, have completely lost track of what has happened with this as the standing orders were set up to come out automatically.

 

Last week I received a response to my request from DLC stating

"we returned the account to Egg in July 2010, who have since ceased to trade. We assume that your account has been acquired by a third party company and we suggest you contact them".

 

I have no idea who to contact about this now! Any advise as to what I should do next?

 

If Egg have ceased to trade, then where has my £1 a month been going?!!

 

Many thanks

AM

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stop paying!!

 

 

look on your credit file

does it show?

that will tell you the owner now

 

 

dx


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Hi all,

 

A while ago I posted this thread in case you wanted to see the history:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action&p=4854697#post4854697

 

Since then, I have sent out CCA requests etc. and mostly everything has gone quiet, although Halifax have continued to send the odd letter through Moorcrofts.

 

I received an interesting one:

A letter from Barclaycard saying that a company called HPH Ltd now have been assigned my debt; I'm guessing they bought it from them.

Then yesterday, I received a letter from HPH saying that they had instructed Robinson Way to collect the debt (as I understand it, HPH own RW?).

 

what I was initially a little confused about was the fact that I have never defaulted on a Barclaycard.

But it would seem that this is something to do with Egg as they ceased trading and Barclays acquired them. T

 

 

he strange thing about all this is that the 16-digit card number that they are referencing as the defaulted account means nothing to me,

it is completely different to the Egg card account number that I defaulted on!

Also, the amounts are a couple hundred ££ different too,

so I am making this assumption purely from process of elimination!!

 

DLC were the original DCA that I was paying £1/mth to in respect of my defaulted Egg card until 2016 when I CCAd them.

I posted their response on here when I received it, which is also relevant to this discussion (it's only 2 posts long!):

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?460425-DLC-response-to-CCA-request-for-old-Egg-card-debt&p=4865474#post4865474

 

it seems that I was paying £1/mth to DLC for nothing as they passed the account back to Egg in 2010!

And I have had no communication from Egg/Barclays until now.

 

 

I am a little confused by what has happened.

If DLC passed the account back so long ago and I was paying them,

then surely I hadn't been making any payments to Egg/Barclays, and maybe it is statute barred?

 

 

Maybe they have mixed up some accounts somewhere and that is why I don't recognise the account number? Really not sure where I stand!

 

This particular letter has mentioned solicitors and courts, so just wondering how I should approach this?

 

Any advice much appreciated! Thanks again!

AM

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send robbersway a CCA request


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Ok thanks, will do.

 

Should I reference the account number that they have quoted (the "wrong" one), or the real reference from the original card?

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the one in the poc

is it 16 digits?


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Yes, it's 16-digits, in the same format as a card number, i.e. 4xxxxxxxxxxxxxxx.

 

Do you have any ideas as to why the account numbers would be different?

 

Thanks

AM

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no I wouldnt worry that can be dealt with the later if necessary

just CCA using that number as it what the claimant is litigating you on:wink:


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OK,

 

CCA sent last week. I received a letter back today saying that they have requested a copy of the agreement/statement and have put my account temporarily on hold. Apparently they will contact me when they receive the documentation.

 

So, i guess the statutory time frame still applies, although as I am not paying anyone, this is perhaps irrelevant, am I right? At what point can I assume that they do not have the correct documentation? Should I chase them up after the statutory time?

 

Also, I'm wondering whether it is worth the £10 to SAR BarclayCard as the original owner (after acquiring Egg) in order to determine what has happened on the account since DLC apparently returned it to them. If no payments had been filtered back to them and DLC were just cash-cowing me then surely it would be SB and I would have no use for a CCA?

 

Thanks

AM

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Hi, if it were me, I'd await outcome of cca, no point in wasting your hard earned on Barclays for anything at this stage.

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See if a proper reply comes back from the CCA Request.

 

When did you first default on the a/c ?

 

Are you aware of any default charges made back when the a/c first defaulted.

 

:-)


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still waiting for a CCA to come back from HPH/RW.

Took you guys advice and thought I'd wait rather than wasting £10 on a SAR if I don't need to.

 

To answer your question slick132,

it defaulted back in the summer of 2009 and I'm not sure of any default charges as all I have from Egg is the default letter itself.

 

 

Were you hinting at claiming these charges back?

 

Thanks

AM

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Hi Amerillo,

 

Reclaiming charges from BC continues to be an option, including compound interest.

 

However, I get the impression the a/c became delinquent and went to collections quickly, hence you suffered few default charges back then.

 

If this is the case, reclaiming such default charges is probably not worth the trouble.

 

Let us know about the CCA response.

 

:-)

Edited by slick132
"became"

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Yes,

I agree with you about it not being worth the hassle.

 

Still no response from either party and it's been a few weeks now. I'll continue to wait,

 

I'm guessing they will not get back to me to let me know if they do not have it??

It feels like I'm in limbo a bit.

 

Perhaps the only indication that I will get that they do not have the correct documentation is when I receive a letter to say that the account has been sold to another firm!

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They probably WILL respond when they're ready - you need do nothing until they DO.

 

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Hi all,

 

And the saga continues with RW chasing this old Egg card account on behalf of HPH Ltd (Ex Barclaycard).

 

If you see in post #9 of this thread, a CCA was sent to them nearly 9 months ago, to which they responded that they had requested the documentation and have put my account on hold until they receive the paperwork; needless to say, I'm still waiting for said paperwork!

 

Now today I receive a letter from RW telling me that my account has been assessed as meeting the criteria for legal action! I've attached the wording to this post.

 

Should I write back to them informing them of the fact that I am still waiting for the CCA and that my account should be on hold? Or just ignore?

 

Once again, many thanks for your help!

AM

RW letter.jpg

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begging letter ignore


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Ah thought so! Thanks!

 

As much as i suspected this, the moment the word "legal" was mentioned, it alerted me! I guess that's the whole psychology behind it all!

 

Thanks

AM

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doesn't say WILL anywhere read it properly.......


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That's true....... "your account MAY be transferred........". Guess that's the give away!

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Ok, so it seems they weren't bluffing!

 

Just received a letter from Howard Cohen and Co. entitled "Letter of Claim". Accompanying this was an income and expenditure breakdown form for me to fill in, and a set of papers with various tick boxes on it, giving me the option to agree to owing the debt, or dispute it and request various documentation.

I have attached the main letter and an example of the tick box papers for reference.

 

I have noticed that again, the word "could" is used throughout the letter when they have referred to court action, however, I'm still not sure where I stand.

 

I guess it's time to respond to them?

As per the posts above, RW still owe me a CCA, and after the lengthy silence after I requested it, I assumed they didn't have it.

However, I'm starting to think they maybe they do, given that they seem to know the exact date that the agreement was entered in to (I have no record of this date, so not sure if it is accurate).

 

That being said, there is still the issue of their account number not tallying up with the account number that I have on record and that all previous communication has been in relation to (as per post #3). There is also the issue that it would seem as though I had been paying DLC my £1 for years, and that this would not have gone towards the account, so COULD be statute barred (as per post #1)??

 

What has happened to this account over the years is unknown to me and so I'm unsure as to where to go from here......any help much appreciated!

 

Once again, thanks!

AM

Letter of claim scan.jpg

Example of tick box forms sent.jpg

Edited by dx100uk
spacing

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go read this and follow post 6.

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(1-Viewing)-nbsp

 

doesn't mean its going anywhere

its just the new protocol they MUST abide by if they are thinking of court


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thread titled updated


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Awesome, thanks! Will get onto that sharpish!

 

Might be being stupid but I can't seem to find the attached form to download in post #6 of that thread......will post there also as it may be more appropriate.

 

Thanks

AM

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its back there now

 

no please don't post on that thread


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