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Hoist and BC debt


Ralph58
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Hi everyone,

 

as suggested I am posting each of my debts separately so

 

I sent a CCA letter to Allied International Credit regarding my Egg credit card (now Barclaycard),

 

I should have received an answer by 22nd July '14 but have

 

today received a letter on Barclaycard headed paper saying they have enclosed

a "reconstituted copy of your agreement".

 

it is saying that they are "currently unable to provide a copy of the terms of your credit agreement"

and go on to say "they are therefore prevented from enforcing our agreement with you".

 

However they also say "we can and will continue to take any action short of enforcement,

which includes reporting to credit reference agencies without telling them that the agreement

is currently unenforceable, demanding payment from you".

 

They refer me to a case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386

in which it was held that none of these steps constituted "enforcement" for this purpose.

 

What do I do now,

 

is there another letter that I should send in response?

 

What they have sent me is just a printed copy of a credit agreement

which anyone could print off, no signatures.

 

I would be grateful of any advice on this guys,

 

 

I have other debts that I have sent CCA's to,

 

should I have sent a different letter asking for original signed copies?

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ok so you've caught allied out

 

they don't have an enforceable CCA

 

so if you are paying anyone anything you can now STOP.

 

I down, many to go.

 

theres nowt more you need to send or do.

 

you'll get lots of trees coming thru your door

threatening everything from burning your grannies budgie

to toasting your goldfish

 

but he bottom line is they are stuffed.

 

go fleece someone else that didn't find CAG.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hi Diceman and welcome to CAG

 

Please feel free to start your own thread in the appropriate forum.

 

:-)

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  • 2 years later...

Long story short..

We entered an IVA Dec 2008 with joint debt which ceased in January 2010 due to not being able to keep up with the payments.

 

Over the years we have heard from the following Hoist/Clarity/Moorcroft/Midas Legal Services (threatening Litigation warning)/Allied International Credit.

 

On advice from Citizens Advice we started paying Moorcroft £5 per month, which we stopped around June 2014 after your helpful advice and then sent Allied International Credit a CCA letter with postal order for £1.

 

We received an answer that they had requested the information from Barclaycard and would forward it to us, we never received anything from them.

 

Fast forward to August 2017 we started receiving letters from hoist/robbers saying that Barclaycard have assigned rights,title, interest to HPH and that the balance sold was £4,005.52.

 

should we get into conversation with them?

should we send them the CCA letter again?

How is it possible for Barclaycard to assign all rights, title etc to HPH

when in 2014 they assigned it to AIC?

 

We have checked our Credit reports with Experian and CallCredit and none of our debt is showing,

 

I'm guessing because they are all over 6 years old.

Any help on how to proceed with this would be gratefully received.

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Good old CAB with their unhelpful advice, I know they mean well, but I really wish they'd get qualified debt advisors.

 

What were Moorcr@p chasing when you were paying them, which debt was it?

 

All other debts will be SB now if you stopped paying them in 2010.

 

What debt are Robbersway chasing?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Old and new threads merged

 

Send them a CCA request

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do as DX says and send them a CCA request now.

 

If you resumed payments to Moorcroft until 2014, this one won't be SB'd until 2020. However, it should already have fallen off your CRA files as you defaulted in 2010 or before.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Thanks everyone for your advice.

The debt both Moorcroft and Robinson Way are chasing was a credit card debt,

we only started paying again because CAB advised us to!

 

Will send another CCA request to them,

and yep it has come off our credit rating.

 

Could you let us know is it still a £1 postal order you send with it?

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Yes it is.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hit CCA request

And read all the posts

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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