HPH2 PAP Letter re old Egg Debt 2004

[walkingsticks]

I got letter from solicitors, on behalf of Robinsons Way acting as agents for HPH (ex Barclaycard) on a debt they say originates from a legal agreement from 2004.

 

This I believe relates to an old Egg debt, but BCard bought my Egg debt in 2011/12.

 

I was paying Egg card small amount monthly,

Egg stopped taking payments (not me defaulting) when BCard bought debt.

 

Bcard wrote to me said I needed to change SO to their details and quote my Bcard as a reference!!!

I didnt have BCard, it was an Egg card.

 

I wrote and told them, they didnt reply,

I didnt resume payments (Never made any payments to Bcard).

That was in 2011/2012 not too sure of last payment date

- have to scroll thru old bank statements,

but never made any payments to BCard.

 

Had various letters from Bcard,

Robinson Way and other companies over the ensuing years,

debt been passed off from one co to another.

 

Now just received a Letter of Claim from solicitors saying they have legal agreement between me and original creditor

(who they seem to be implying was BCard as no mention of Egg), and the date of that agreement.

 

Said their "client" (think they mean BCard) purchased the account and it was legally assigned in July 17,

Notice of Assignment sent to me - I not received!

 

I have drafted a letter asking for a copy of the CCA,

a full breakdown of the costs involved in the debt,

and a copy of the Notice of Assignment.

 

Will send recorded delivery tomorrow.

I know they have 14 days to supply a legible true copy of the CCA

-. My main thought is why has it taken them so long to initiate legal action if they have a good case?

 

Any thoughts or advice please on what else I can do, Sorry for War and Peace!!

[dx100uk]

slow down.

 

you have a pre action protocol letter of claim

you also have one of these attached below.

 

you need to reply in a specific way within 30days.

 

just for your FYI:

Barclays bought out many old EGG cards your would have been one of them.

 

as for all the DCA's that have written...

they are actually ALL THE SAME LOT.

 

HPH2 is the debt buyer , robinson way are one their DCA wing trading names

so RW's client is HPH2

 

they wait until 6yrs since last payment is almost up so they can charge the maximum interest on the outstanding balance

that they got for about 10p=£1.

[walkingsticks]

So, what do I do then?

 

Wait for them to reply with a copy of the CCA?

Or fill the forms in now and send off to them

(omitting the income/expenditure cause I dont think they have a right to know that info yet)

requesting a copy of the CCA in their forms?

 

Like many on here,

not use to fighting these beggers but I dont want to give in to them.

I want to fight!

 

Dont know what I am doing on here yet so bear with me because I am a Luddite.

 

I tried to post a reply to your message, dont know what happened to it.

 

You say I need to reply "in a specific way" within 30 days to this letter.

 

What is the "specific way"?

[dx100uk]

have you the form attached to post 2.

[BankFodder]

Just one comment here on the new pre-action protocol and the 30 day rule referred to above.

 

The pre-action protocol is brand-new and I have to say that I'm not convinced that all of the DCA's know about it – and even if they know about it, I'm not convinced that a lot of the DCA's wouldn't try it on and ignore it.

 

We have no idea what the courts attitude will be to firms which issue proceedings without respecting the full time limits of the new pre-action protocol. When you do write to them, I think it would be a good idea to refer to the rules of the new pre-action protocol so that it is drawn to their attention and they know that you are familiar with the new rules

[walkingsticks]

Yep,

they sent that form in with the Letter of Claim.

 

not sure if it is exactly the same, will compare them.

 

I dont trust Robinson Way as the income/expenditure form they included lists PIP/DLA as one of the things to include in income.

 

I am on PIP and I know that you dont include that as part of your income as CAB told me that years ago.

[dx100uk]

you don't fill that in..

 

ok thanks for all the info follow post 6 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

that's all you need to do.

 

dx

[walkingsticks]

I have read thru the Pre Action Protocol and made notes on what I should expect from Robinson Way and what I need to do.

 

Will complete the form asking for a copy of the CCA, full statement of account and copy of notice of assignment.

 

They omit to tell me in the Letter of Claim that I can request a copy of the CCA which it says in the Pre Action Protocol they should do.

They have also ommited other relevant information like an up to date statement of account.

 

I suspect they dont have a copy of the original agreement or if they do they dont want to provide me with a copy of it for some reason.

The original CCA was pre 2004 and I know there are specific regs regarding such agreements.

 

Will update myself on those as well.

Thanks for your help so far guys,

I am feeling less stressed now I have an idea of how to proceed.

 

I do unfortunately suffer from anxiety attacks part of the reason I am on disability, though not the main reason.

Not that matters to Robinson Way.

[dx100uk]

do post 6 there and a CCA request

staple the CCa request to the PAP response form with the £1Blank PO

[walkingsticks]

Just a thought - if BCard are now the owner of my debt then can I hit them for any PPI and charges Egg applied to my account......

 

Thank you for spelling it out for me, much appreciated.

 

Have read posts etc and will proceed as you suggest.

 

Thanks again, will keep you posted as to what happens.

 

Only joking about the PPI claim to Bcard!

[dx100uk]

no that goes to egg via the Canadian square address.

 

just use our search cag box of the top red toolbar

 

EGG PPI

[walkingsticks]

I sent the letter (by recorded del signed for) off to the DCA asking for a copy of the agreement etc and enclosing the filled in PAP form etc and so far they have not replied!

 

No phone calls, no letters, nothing and its been nearly 40 days now since I sent the letter, well over the 14 day limit to provide the requested information, and well over the 30 day limit to reply to the PAP.

 

Should I now write to them and say as they have not replied to my request for a copy of the agreement etc I now consider the matter closed?

 

Is that the best way forward?

 

Or is it possible they have just ignored my request for the information and will just be going straight to court - can they do that?

[AndyOrch]

No writing to them......do nothing now until/if they issue a claim.

 

 

andy

[walkingsticks]

Ok thanks for the very quick reply, so it is possible they could be going straight to court without providing me with the requested info, okay I will just wait and see what happens. Thanks again.

[dx100uk]

Doubt it

What's the point in them using PAP and then filing a claim without complying

Bit pointless that. And a judge would be none too happy they ignored that very act they demanded you comply too..

 

Think about it......eh?

[walkingsticks]

I agree but since when have such companies played it by the book?

 

I have nothing to lose now by just waiting and seeing what, if anything, happens next.

 

Thanks once again for your invaluable support.

 

I will be in touch soon.

[dx100uk]

but that's WHY the PAP rules were bought in....think about it...

[walkingsticks]

These jokers have just sent a response to my reply to the PAP form they sent me in December 2017 to which I replied back in December 2017 within the 30 days time scale.

 

I asked them for

a copy of the original CCA form (written, signed),

along with complete set of statements,

Notice of Assignment,

Default Notice.

 

What they have sent is a print out of what looks like my original internet application and a copy of a bank statement supposedly from Barclays detailing the debt and the charges, and Letter of Assignment of Debt dated August 2018.

No written, signed CCA

I take it a print out of an internet application is not the same as a CCA?

 

This debt was from 2004.

No payments made to it since June 2012 (I have evidence of this) and NEVER to Barclays who bought the debt.

It appears that they are trying to continue with the PAP process in December 2017 as they have said they have responded to my request for the documentation (CCA, statement of the account etc) and now want me to fill in the financial statement and confirm how I am going to repay this debt, AND IF I DONT they will proceed with collection activity.

 

Could you give me some advice please on how to respond to this latest letter bearing in mind that

1). They didn't reply until now, some 10 months after the original PAP, that's well in excess of the 30 days deadline AND they never wrote to tell me why they hadn't replied.

 

2) They haven't provided a copy of the original written, signed CCA agreement.

 

3) I know that no payments have been made to this debt since June 2012 therefore now statue barred (I have evidence of this in form of bank statements)

Edited October 6, 2018 by dx100uk
spacing

[dx100uk]

then send our statute barred letter from the debt collection section of our library.

[walkingsticks]

Bit worried about that because I have read if you do that and they find a way of saying you have paid towards the debt then the debt is no longer statue barred as you have admitted to it? I know I haven't made any payments towards it but I don't trust this lot.

[dx100uk]

Then stop reading such silly sites then

Never seen a claim whereby a letter reset the sb clock....

[walkingsticks]

There is a lot of dis-information out there you know!

I trust this site its just I cant believe that these jokers contacted me 10 months after the original PAP form they sent me expecting me to comply!

 

The information they have sent me is a joke, could be from anywhere!

On that it says I made a payment in December 2011 to Barclays Bank in the sum of £1 (I never made any payments to Barclays so this information is fraudulent!)

AND

still no CCA which is probably why they haven't taken me to court because they know they cant enforce the debt.

 

I will send them the Statue Barred letter and see what they do.

They will probably reply back to me, NEXT YEAR (perhaps they need money for their Christmas Do? - wish I knew where it was, I'd poison the beggers!)

[dx100uk]

and who puts it out there...the fleecing DCA's to make confusion...…….

[walkingsticks]

Just double checked my bank statements, no payments were made to this account from June 2012, payment to Egg bounced back.

Have letter from bank to say this.

Never set up a payment to pay Barclays.

So its quite interesting the information supplied by the DCA contains a supposed statement from Barclays to say I made a payment to them in October 2011...

Never had any contact with Barclays, it would have been Egg but the "copy statement" says it relates to Barclays.

That's fraud.

 

Will send the Statue Barred letter and see what they do.

If they had of replied to the PAP in good time (last December) I would have been worried because they would have still had time to pursue the debt.

 

Hopefully this will be the end of the matter..