Advice required - BC, Hoist, RobinsonWay

[rumploeofthebailey]

Hi CAG, I am hoping for some advice, if you could be so kind.

 

I took out a BC in Jan 2011, and due to a serious marriage break-up, problems with alcohol and depression I lost my job in late 2012, needless to say the last thing on my mind was managing my debt.

 

In a panic I ended up on another forum which I am sure you will know which seems to offer stupid advice.

I wrote to BC and asked for a copy of the CCA,

 

 

they replied with a reconstituted copy of the terms and conditions but no copy of the agreement.

Literally a month later they sold the debt (£2000) to Hoist and I do believe I received a notice of assignment, although I cannot be 100% sure.

I challenged Hoist to produce a copy of the CCA and a copy of the notice of assignment, they failed to produce any documentation and it all went quiet.

Then last year RobisonWay starting trying to collect the debt on behalf of Hoist

 

Around June 2016 I received a letter from RW saying they may pass my account to Cohens for court action

I replied explaining BC and Hoist had failed to supply any copy of a CCA and if they wished to instigate legal proceedings then I would defend based on the fact none of the companies could produce a copy of the CCA and under civil procedure rules they would need to supply a copy after issuing a LBA.

 

I challenged them for a copy of the CCA and notice of assignment and they replied they would write to Hoist/BC to get it and were suspending collection activity.

 

About 2 months later I finally received the exact same reconstituted copy of the terms and conditions (which BC had sent me over 2 years previously) and still no copy of a CCA, I emailed RW and told them what they had sent was utter junk and did not fulfill what I had requested, they wrote to em again saying they would suspend activity.

 

I have now received another letter from them in which they claim my credit card application was online and as such does not need a signature, this is UNTRUE, when I applied for the BC in 2011 it was via an application which was received in the post.

 

They have included a copy of the notice of assignment from MKLDP LLP to Hoist and something called "barclaycard cas mart application retrieval" which contains the date the card was applied for, my address, etc but it appears to be an internal document which appears to simply be where they have imputed the postal application on to their system after approval. At least that's what it appears to be.

 

I am currently wondering what should be my next course of action,

If I could pay the £2000 off I would,

but since my marriage break-up, problems with alcohol, depression and my job loss I have been struggling on benefits which is incredibly hard to do.

 

When I was drinking I could not care about them, but now I am sober and trying to rebuild my life I am worried about this situation.

 

Sorry for such a long-winded post, but if anyone could offer any advice I would be eternally grateful.

[renegadeimp]

No Compliant CCA = no pay. Just remember as well, that applications post april 2007 only need to be a compliant reconstituted agreement. It doesnt need to be an original.

 

Can you scan up and convert to PDF, what theyve sent you please. Make sure to redact all personal info.

[rumploeofthebailey]

Hi, thanks for your reply,

I will scan and convert the document they sent later today, I need to dig out my old printer to scan it and convert to pdf format, it is not currently connected to my computer (printer no longer works!)

 

When you say "Just remember as well, that applications post april 2007 only need to be a compliant reconstituted agreement."

What exactly is a compliant reconstituted agreement?

Edited August 19, 2017 by rumploeofthebailey
formatting, spelling

[fkofilee]

Just use officelens...

It can jpeg and pdf files

[dx100uk]

go ring Barclaycard ask last payment date

bet its now statute barred!!

 

 

dx

[rumploeofthebailey]

Thank you for the recommendation, I was wondering how to convert the scan to pdf , cheers fkofilee

 

Unfortunately it is not statute barred, the account was defaulted in April 2013, last payment was around Jan 2013 iirc (I'll need to check my CR, but pretty sure that information is correct) cheers though dx100uk

[dx100uk]

lets see the sar return then please

 

 

but I bet its the std 620000 T&C's they always send.

 

 

dx

[rumploeofthebailey]

Having trouble with my scanner, does not appear to scan properly. You may as well delete this thread - thanks for the replies though

[dx100uk]

use your mobile phone and officelens app

read upload