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Robberway Robberway and ex barclaycard debt.. Do you Live here letter..

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Can someone please help with regard to Barclaycard debt.

 

I owe £2500 which has been on a payment plan with interest suspended.

 

My wife has been made redundant and

 

i have informed them i cannot pay until she finds a job.

 

They have now passed to Mercers and they have started phone calls and letters to me.

 

Do i have to acknowledge a debt with them and how would i challenge this?

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Can I just ask how old the Barclaycard is?

 

There are a couple of things you can do here. First off, send them the telephone harassment letter:

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

You can also send a letter to Mercers requesting a CCA. They have 12+2 days to respond before the account goes into default (which means you do not have to make further payments). They should send you a true copy of the original credit agreement that you signed and it MUST contain certain terms and conditions to be enforceable.

 

Send the below letter, recorded delivery (always send letters this way), include and £1 postal order and PRINT do not sign your name.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

Yours etc

  • Haha 1

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Thanks for the advice,

 

i will send the letters tomorrow.

The card is approximately 6 years old.

 

I have seen a lot of advice about not signing letters,

presumably because it can be forged,

but what would be the implication of using a different signature,

because if thas was forged there would surely be a criminal act?

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........

Edited by clemma

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Print your name in capital letters..do not sign it

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I have received a letter from a Debt collection company asking me to confirm that i live at my address and to contact them.

 

I have recently moved to the address and guess something has alerted them.

 

I am 100% certain that i have no debts or communication with this company in the past 6 years.

 

Should I confirm my address and enquire as to what they want or ignore them?

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check your credit file 

name names too please and whats the debt?

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Robinson Way.

I don’t know the debt, it isn’t mentioned. 

 

The letter is stating they need to confirm the person living at the address and to contact them on an important matter.

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No adverse data on my credit file.

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didn't say adverse....

are there any debts showing at all ?

 

but I doubt it as most were in your old stepchange which means they would have been defaulted more than 6yrs so wont show.

 

typically and at a guess i'd say this is your old Barclaycard debt as hoist/robbersway is where most of these get sold too.

the issue is, you've moved numerous times and never updated your debt owners.

so the sniffer dogs are after you.

 

when did you fail the DMP?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No debts showing at all. DMP failure would be around Apr 2013 when i split with my ex, it was joint.

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So if no debt repayments within last 6 years will be statute barred.

 

If you are sure this is the case, you could send them a  statute barred letter which would also be confirming that you live at the address. This is to prevent them gaining a CCJ by sending claim form to last confirmed address.  And then it would be up to them to argue if they did not believe it was stature barred.

 

Problem might be if the debt was joint with your ex and they have made payments in last 6 years. If this could be the case, it might be worth you just sending a letter confirming you live at the address and requesting statement of account covering last 7 year period.


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Would it be better just to confirm i live at the address for now? There is no mention of a debt in their letter just to confirm who lives at the address.

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Yes and then they will write to you with more information.


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

 

If you want advice on your thread please PM me a link to your thread

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Thanks, I will do that.

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I have drafted a letter confirming that i am the person who lives at the address but have not included any other details. Should I e mail it or post by recorded delivery?

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neither.and NEVER use e mail for debt or DCA's comms ever..

 

just send std 2nd class


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I have now received a response to my letter.

 

The gist is that this is a credit card debt from 2000 and that the last payment received was £5 in October 2013 to the original creditor.

 

There is a financial sheet attached and they are prepared to accept nominal payments.

Account will be put on hold for 30 days.

 

Im 100% sure that I personally didn’t make a payment but there is a possibility that my ex wife did as part of a debt management plan.

 

Advice on next steps please.

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Scan things up to one multipage pdf

Read upload


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Put on hold for 30 days... Wonderful! 

 

*LOOKS AT CALENDAR*... 

 

That takes you over 6 years from last payment... 

 

Image result for IRONY meme


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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So presumably i wait for next communication which will be beyond 6 years and then send the statute barred letter to their next correspondence?

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I moved house recently and received a letter from them asking for confirmation of who lived at the address. I followed the advice in the earlier posts and confirmed via letter who i was and have now received their letter. There have been no other communications or discussions. 

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