Decided to CCA Robbers Way a week ago to see if they would come up with my agreement this time....after all they have threatened legal action via Cohens Standard response received today...."Have to request paperwork from original creditor.....account on hold pending receipt....blah blah" Amazing how these people can embark on legal action with the most important piece of evidence missing

Thanks slick as always your advice is very welcome Would also mention that I only ever got generic terms and conditions when I did my CCA request many years ago, and I would be very surprised if they have the agreement given it was taken out in the 1980s

Updated charges spreadsheet is £11761 using 29.99% or £7560 using 24.99% Soime of the charges date back to 2001/02....could be fun finding the barclaycard statements in storage. I know the charges were made because I have used banking software since 1999 and all the charges are shown in there. Could someone point me in the right direction for next step? Also are these claims having any success.....the couple of threads Ive had chance to read have gone rather quiet

Wonderful.....got a letter today from Howard Cohen Solicitors today dated 02.01.16 giving me 10 days to make payment else legal proceedings will be commenced without further notice. Kind of hard to make payment (if I wanted to) when the deadline has already passed. Last payment on the account was 10.10.09 having just double checked, and Mercers issued a default notice on the 11.01.10 Its all very tight on the SB front, and it seems rather convenient that Howard Cohens letter supposedly takes 11 days to arrive. Will look at my charges spreadsheet asap and post results here

Had a letter from Robbers Way today stating they were about to transfer my case to Howerd Cohen solicitors, for the consideration of legal action. If they are going to do this, will I get a Letter Before Action first, or just the claim form dropping through my door? Slightly in limbo at the moment......6 years and 3 months since my last payment, however end-January is what Slick suggested as SB date to be safe.

Hi Slick Just so you know, I value this site's advice above all others, and yours in particular has helped me overcome some very large obstacles I only mentioned the NDL site as its a biggie, and perhaps the first people might go to for info if they werent aware of CAG. As Ive previously mentioned on my thread, the last time I did the spreadsheet calc it took a £9k chunk out of a £10k debt.....to be absolutely honest, I was hoping I could limp across the SB finishing line without the extra battle of taking on Barclays. Im certainly not afraid of the fight, but have so much work on at the moment its hard to free up sufficient time. I will update my sheet using 24.9% and let you know

Have a feeling that in order to get some sort of control over this matter, I will need to pursue the charges/restitutionary interest claim mentioned before. By doing this will I be resetting the SB clock? I assume BC would want to get the account back from Hoist / Robbers Way in order to offset any settlement against the balance outstanding

Thanks Slick....not exactly what I wanted to hear but will wait and see. Im not sure if you allow links to other sites (if not then please delete), but I am attaching a link to the National Debtline charity factsheet on statute barred debts. They seem to offer contradictory advice, in that they confirm what you have said, but then further on say: https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-02.aspx A simple contract debt will normally be statute-barred if: the creditor has not already obtained a county court judgment (CCJ) against you; and you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years; and you have not written to the creditor admitting you owe the debt during the last six years. I assume a credit card agreement falls under the category simple contract debt?

Hi Slick Yes thats correct - BC were taking the minimum payment by DD until I put account into dispute and cancelled the DD mandate. Must admit Im getting confused now....always thought statute barred was six years from date of last payment / contact and thats certainly referred to on sites and many places on here. However Im now seeing some people on here say its six years from the cause of action....and that could be vastly different in my case

Life had turned a bit rubbish back in late 2006 to the point where I could only make the minimum payment each month (which was not even covering the interest). By Sept 2009 I had discovered this site and CCA'd all my credit cards including this one which dated back to around 1991. Barclays came back with generic terms and conditions at which point I put the account into dispute and stopped payments. I dont feel any guilt now about non payment (I did back then). Yes I used the card for many years and like to think I ran the account impeccably. When I tried to speak to Barclays for some help, the very first thing they did was jack up the interest rate from I think 15% to 25%. Any purchases made have long since been paid for and the balance in my eyes comprises fees and interest. I do have the option of suing Barclays for the charges and restitutionary interest which would probably clear most of the balance - its just a battle I could do without at the moment. Ive kept quiet and let the account go past six years since last payment hoping that will be the end of it. As my girlfriend asked when I got the latest letter...."why have MKDP sold your debt on if theres any chance of it being enforceable?"

Date of last payment was 04.09.09 - have checked...they were taking money by direct debit until I had to cancel the mandate. Received a default notice from Mercers in December 09 My CRA shows a default date of August 2010! So even allowing for the possibility of this already being statute barred, I will have to wait another 9 months before it drops off my file Other consumer sites such as National Debtline and Debt Camel still say its six years from last payment/contact but Im trying to consider all possibilities and ive always considered this site a wonderful self-help site

Just had a letter from a company called "Hoist Portfolio Holding 2 Ltd" saying that MKDP have assigned all rights to my account to them. I see from the forum list that another poster had this done recently.... They also enclosed a letter from Robinson Way Debt Collectors who apparently will be 'managing my account' from now on. They have very kindly offered to let me pay them £30+ a week for the next seven years. The thing is....over six years have now passed since my last payment, but they didnt actually default my account for another nine months afterwards. My argument would be "well thats your problem" but I do see from reading around that some debt collectors are saying that the date of default trumps the six years since last payment or contact argument.... Any views here? Many Thanks

Hiya Interest goes to £8778, total claim becomes £9513

Hi again Have located the old excel sheet I prepared and updated it to todays date. To summarise: (1) There are charges dating from Nov 2001 to May 2010 totalling £735. (2) Using a 24.9% rate, the compound interest comes to £5570. (3) The total claim of £6305 compares to the balance assigned to MKDP of just over £10k I must admit I was hoping this whole matter would limp over the SB deadline, but from reading the legal forums, it does seem that MKDP like to litigate at the last minute. Just a bit concerned that submitting this claim will definitely awaken a sleeping giant so to speak. If a claim was to arrive from them, and I was still in negotiations with Barclays, would I be able to use that in any defence I would have to file? Thanks in advance

Just a quick update... Having great problems locating the spreadsheets I prepared, as they were on an old PC. I know they got backed up, just cant remember to where. If all else fails I do have all statements going right back to year dot in storage, so think I will pay a visit there tomorrow. The MKDP 'debt' would be just shy of £10k, but I distinctly remember the last time I looked at this I ended up with a reclaim figure (inc restitutionary interest) of about £7k. So much depends on what interest rate you use, but I seem to remember using something like 24% which was the closing rate BC applied at the time. May I ask, if correct procedure is to start the reclaim process asap, or hold it back as a potential counter claim if the debt doesnt make it to SB? (last payment Oct 2009). Thanks in advance.

Having heard absolutely nothing from MKDP for three and a half years, I got a letter from their trace department saying they knew i still lived at my address (well duh...) and despite previous communications I have not reached a payment plan. Well I'd love to know where all this previous communication has gone, coz Ive had diddly squat. I realise its a fishing letter, but Ive seen that MKDP can be a bit "sue first, check the paperwork later"....so wondering whats best. Continue to ignore them, or CCA them if only to make them realise they have no agreement for a pre-2007 credit card. In fact its probably mid-1980s To my shame, i didnt sue them for all the charges on the account, and think I may have missed the boat (life went a bit sour).... The date of last payment was October 2009 so unfortunately not statute barred.

Sorry....wasnt accurate in my original post apparently.....we did write to them originally, just the once telling them he was parked in a visitors bay with the residents consent, but they werent interested (surprise). In any event, here is a link to the letter received http://i816.photobucket.com/albums/zz90/Still_surviving/OPCLetter.jpg Just out of interest, do these parking vermin carry sophisticated cameras? as it was dark and raining when the ticket was issued and it would take a good photographer to prove any permit was or wasnt displayed.

Can someone please help with a matter that seems outside of the POPLA remit, in that the original ticket was issued well before 1 October 2012..... My brother came to visit me at the residential flats where I live, and parked in a visitors bay with my permission. When he returned to his car he had been ticketed by OPC for failure to display a visitors permit. This was news to me as I had already lived here for 10 years by then and never been sent any such thing. In any event, we ignored their speculative invoice as per the advice at the time and thought it had gone away. Yesterday they sent a 'Without Prejudice save as to costs' letter offering to drop the penalty from £100 to £90 if paid within seven days letter. They also state legal proceeding are about to be commenced, and we cannot draw the letter to the attention of the court. I will scan the letter up when I get home, but what is the procedure for dealing with claims where POPLA cannot get involved? Do I still appeal in writing to OPC and wait for a rejection letter and possible court papers? Bit confused as to why theyve waited this long.....

Ouch! you need to speak to them if they intend collecting this in your 2013/14 code There are only 4 months of 2013/14 left (assuming any new code doesnt get to your employer in time for the November payrun) This will mean that your pay packet could be hit hard in December if they try and take 9/12 of that debt in one go. Given the close proximity to the end of the tax year, I would be arguing for them to begin collecting the debt from 2014/15 not 2013/14

Cool....the penny drops HMRC will indeed be able to confirm about the flat rate job expenses. That will stay in your code until such time as you tell them otherwise - so yes get in touch. Unfortunately it can get confusing when HMRC play catch up. The fact you had Job Seekers Allowance would increase the likelihood of an underpayment as it isnt something that would have been included in your tax code for the year. It sounds like someone is reviewing your file over the last three years and the 2013 tax calculation is the result of this.

Pleased to help I deal with HMRC for a living and any accountant will tell you their standards have plummeted since they merged with Customs and Excise. They have much less staff and now hide behind a wall of these stupid call centres where you can never speak to the same person twice. Fortunately, us accountants have a direct line we can ring and speak to usually competent staff. Keep the thread updated, will be happy to help if they dont play ball.

Okay that makes things easier.... These people arent doing you a a favour by wiping the fines in such circumstances......they would get wiped automatically the minute your SA return was processed showing nil tax payable. In these circumstances I would attend their office armed with medical records if you can showing what problems you sufferred. In the absence of your records you really need to just prove to them you werent capable of working during that tax year. The fact they have placed enforcement action on hold is a good thing....it will stop the low life debt collection agents hassking you and give you time to go and see HMRC. In cases like these I have usually found HMRC to be accomodating, providing its clear you couldnt work.

oops my apologies then Does simplify things though

If you had only job, no benefits in kind like a company car, and no other factors to consider, you should see tax code 810L on your P60 - let me know if thats the case. When you read down the tax calculation, does it make any mention of 'underpaid tax for previous years'? that can sometimes confuse people as HMRC often play catch up. Im a little confused by the line you posted: "No only one job caro and only one P60." Do you mean you had a company car? If so, its entirely possible you could get an underpayment as HMRC can only estimate the car/fuel benefit at the start of the year, re-calculating it when your employer sends in its P11ds

Hi there Im an accountant.....couple of questions if I may 1. What tax year are we talking about here? 2011/12 or earlier? 2. Are the tax references the same on the letters that are coming from the two tax offices? Prior to 2011/12 penalties were automatically wiped if you didnt owe any tax, 2012 onwards the rules changed and you have to write and hope you get a sympathetic tax person looking at your case. Ive seen several times where people have duplicate tax references - different numbers at different offices. Just because HMRC might foul up and issue duplicate returns doesnt mean you are obligated to complete them. If you have it in writing that fines will be wiped, copy the letter to the second tax office and the debt collection company. These third party agents are low lifes who only collect what they are told and are usually totally unhelpful. You need to get the second tax office to speak to the first.....dont make the mistake of thinking they will do so automatically.