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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Robinson Way - Friends Barclaycard


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Hi all,

 

I have a query on behalf of a friend.

 

She had a Barclaycard:

Account opened 02.12.2015

Last payment 30.06.2016

Account Default 24.02.2017

Balance £1556.00

 

She began receiving letters from Robinson Way which she ignored.

She then received a Letter of Claim from Howard Co & Solicitors on behalf of Hoist Finance on 12.09.2019.

As per advice given on this forum, she filled out a Reply Form (taken from this forum, not their one) and sent it back to them along with a CCA request.

 

She did not hear anything back from any of the above firms until the other day on 28.08.2020.

This letter was from Robinson Way and spoke about setting up a repayment plan.

 

She emailed Robinson Way with a complaint essentially saying that because they hadn’t complied with her requests, the debt was unenforceable.

The next day Robinson Way emailed her back with an email saying they had sent her copies of the original agreement, copy of terms and conditions, charge off statements and default notice issued by Barclaycard but they had been unable to provide and send them until 11 June 2020, as they had to wait for Barclaycard.

 

She did not receive the documents they apparently sent in June 2020 but they emailed them to her in their email response the other day.

 

It says that the credit agreement is a reconstituted copy.

 

Could I please get some advice for her with regards to what she should do next?

 

It is a bit confusing/concerning because Howard Co & Solicitors sent the Letter of Claim, so what does this mean for the situation?

 

Many thanks 

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Why confused...?They are all one and the same group.....and HC is their mouth piece Solicitor.....only a Solicitor can send out the Pre Action Protocol pack.

 

Andy

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It would be advisable to scan redact and upload what Robbers have sent for opinion...

 

Andy

 

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 OTHER

 

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HC have already sent and had our std reply back to the PAPLOC.

 

i bet the CCa return its the usual 620'0000 T&C's garbage with no sight of a signed agreement anywhere in it..bogroll !!

 

 

 

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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I have attached the CCA (redacted) that Robbers Way sent!

 

Barclaycard’s cover letter which accompanies it says:

“Enclosed is a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act.

This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement.”

 

Also, the CCA only states her first initial and surname where her name is stated – I don’t know if this matters or not?

 

Rightly predicted that there's no sight of a signature.

 

Does this CCA not have legal standing then?

 

My friend is still worried, she says that HC are "proper" solicitors or at least their parent company is apparently??

She fears they'll take it to court if she doesn't pay because HC wrote to her previously with the Letter of Claim.

Best I can do is advise her based on your advice though - the rest is up to her.

Barclaycard CCA.pdf

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Enclosed is a reconstituted copy of your credit agreement 

 

 

On a 5 year old agreement and they dont have the original......? :mod:...:becky:

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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and no sign whatsoever of the IP sign detail

time

rate

IP number

type signiture...

 

opps thats just a set of T&C's with her name inserted.

 

she says that HC are "proper" solicitors or at least their parent company is apparently?

 

cohen's rarely ever turn up at any court hearings... should Hoist raise a claim.

they use hired local rep's that 9/10 are in a boat with a large hole in it already by agreeing to representing Hoist's chosen solicitors cohen....

 

typically they rely upon a defendant no realising the actual person that wrote  their Witness Statement MUST be in court ...

 

i can see...no signed agreement and just sheets of T&c's that prove nothing that an agreement was ever signed online at xxx time from xxx IP address from xxx address.

 

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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Many thanks for your informative responses.

 

I'm going to pass the info on to her and I'm sure she'll be confident to just ignore them now.

 

I note that they didn't provide the Notice of Assignment that she requested in the Letter of Claim - does this matter at all?

I'm just asking as I'm curious and it could be another factor against them should anything happen further down the line!

 

Gee

 

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NOA is fatal so's no proof of signing original agreement online or otherwise

default notice is fatal too.

 

sorry but they are flying a kite here.

 

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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