Jump to content


  • Tweets

  • Posts

    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
    • Seeing your posts I am feeling very grateful that the online process was not available last year when I first had to apply so didn’t choose it for the second one.  Paying the fee was my big problem as that had to be done over the phone but other than that I had no issues.  I am convinced that sending all documentation in one package to one place was no bad thing.   Other than waiting on the ombudsman I’m not sure where you can look to.          
    • No problem. Glad we helped.
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Barclaycard Debt - Now with Rob Way/Hoist


Recommended Posts

I'm making efforts to address multiple debt issues and this is the next inline. 

I received the attached letter from Rob Way recently offering a discount to pay the account in next 3-6 months. 

I have routinely ignored all letters but would benefit from responding to this in some way or another as the letter is addressed to my new address but I have not told them I moved (I am resolving this with other creditors).

 

Original Creditor - Barclaycard.

Account Opened - October 2014.

Last Paid - June 2017 (approx).

Default - December 2017.

Balance - £6544.

 

A refund of fees that ought not to have been charged was paid to reduce the balance earlier this year.

 

I am not certain as to if I received a Default Notice, Notice of Assignment or anything else.

 

What's my best next step?

 

2020-11-22_Discount Letter -CAG.pdf

Link to post
Share on other sites

simply send the change of address letter.

as advised in your other thread.

 

until/unless you receive a letter of claim sit on your hands once a DCA that owns a debt has been informed of an address change.

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... 

Link to post
Share on other sites

actually checking what i said again

you are currently blinding paying a DCA on this debt

they get a CCA request

as that will have your new address on it that obviously negates the need for the address letter for THIS debt.

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... 

Link to post
Share on other sites

Thanks for the prompt replies.

 

Details as follows:

 

Me:

Cabot (Next) £1759 (Claim auto stayed in 2019) – old address.

Hoist (Vanquish) £3276 – old address.

Hoist (Barclaycard) £6544 – new address.

Lowell (Cap One) £2724 – old address.

Lowell (Cap One) £1608 – old address.

Cabot (Halifax) £2504 – old address.

PRA (MBNA) £8364 – old address.

Cabot (Zopa) £1424 (Claim discontinued) – old address.

 

Partner:

Cabot (Next) £1915 (Claim auto stayed in 2019) – old address.

Lowell (Vanquish) £3425 – old address.

Hoist (Barclaycard) £2250 – old address and paying £10 per month.

Lowell (Cap One) £4176 – new address and paying £10 per month.

Lowell (Argos) £1636 – new address and paying £10 per month.

 

I have asked her to stop making these payments until we have resolved what our next action should be.

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... 

Link to post
Share on other sites

I see how you have read that.  This is the one in my name for £6544 and last payment was around June 2017 as said in the first post of this thread.  I genuinely misunderstood from earlier and will just post the letters that you advised.  Thanks.

Link to post
Share on other sites

ok sure i see there are two bc debts

so they dont need either ?

or are you simply assuming as they have written to your curent address they must know it...which of course is not correct..

 

well done, for the sake of a 2nd class stamp and the new AD letter, it's better to be safe.

fwiw: hoist nor anyone rarely ever get enforceable agreements anyway out of bc as it's never bc's policy to ever provide concrete proof for some reason.

 

 

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... 

Link to post
Share on other sites

I'm not taking anything for granted anymore, I cannot afford to.

 

I am providing CCA's to the ones that are in receipt of £10 per month and will send letters to all others so that I know that I have advised them of the change of address.  12 letters for the post office tomorrow.

 

Good to know about Hoist and BC. 

Edited by kjw327
Link to post
Share on other sites

KJW just to let you knowI assisted a friend with ten debts.  CCA's sent to all ten.  Not one came back with anything useful, 9 came back with nothing one came back with generic T&C's which were rubbish.  He has stopped paying and they are not doing anything and are unable to do anything.

  • Thanks 1
Link to post
Share on other sites
  • 2 weeks later...

I received the attached reply to my letter that was sent to notify them of my change of address.

 

This is crazy, I merely stated that I was referring to the account number and that my address was........

 

Is this sent to try and trick me to acknowledge something? 

20201203-COA Reply-CAG.pdf

Link to post
Share on other sites

No matter at all. If they can't read a letter and understand what you were telling them, that's their problem !

 

You gave them your new address so, if they use an old address to get a sneaky back door CCJ, you have all the proof you need to have it set-aside.

Edited by slick132
"used" to "use"
  • Thanks 1

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 !:-)

Link to post
Share on other sites

yours is not the next move

 

dx

 

  • Thanks 1

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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...