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  1. I have had a 2x Barclaycards since 1994. I have asked Barclaycard regarding PPI but have not got anywhere with them. I raised a complaint on their website in 2016 and received a letter rejecting the claim in Jan 2016. I didn't respond after that. I received a letter in November 2017 saying I may be able to claim on the Plevin case ruling. I did this and they said they would re-open my original case from 2016. I have not heard anything from them and rang them again on the 2nd Jan 2018 they said they were treating this as a new case and there was no time limit for them to investigate the case. I received a further letter dated 3rd Jan saying that they couldn't provide a decision due to the volume of cases they had received but I could contact the ombudsman as some time had passed since I first complained. I do remember filling in a leaflet and ticking a box for PPI but nothing was ever explained to me about the insurance. firstly do I have a case to claim back PPI and as I didn't respond in 6 months have I missed my chance if re-claiming the PPI I paid.
  2. Sent off prelim letter with compound interest spreadsheet and VERY quickly they responded with a cheque for £276 with usual blurb about being in line with OFT ruling and fees reduced to £12. Do I now sent LBA mentioning Limitations Act as I am claiming fees from 2010 to 2012 and whatever I can find that seems relevant (already pointed to a very successful case which I will take time to re-read). Do I also accept cheque as a part-payment or not? When doing my POI (eventually) do I just leave the spreadsheet as it is currently showing but put that I have already received the amount above - my reasoning is that they will still owe me the interest on amount received and this is now almost £800 with interest added. They do appear to have given me some interest as total fees only came to £168.
  3. yesterday I had a case dismissed in the County Court brought by IDR via Kearns. A quick run down of the case: Following the sale of a Barclaycard debt to IDR, a letter was received from Link demanding money together with a default placed on my credit record. [removed] I challenged the allegation. This seemed to put them off - or so I thought. A year later I received a hearing letter via the Northampton courts and subsequently submitted a defence. This led to the case being successfully stayed. At this point I submitted a CCA and S78 request to Link via Kearns. Kearns reply was that they did not need to apply the time constraints I had specified. It took them almost six months to provide this information and at the same time they (without notice) successfully applied to have the stay lifted. My first mistake was not applying for the claim to be struck out following the specified time. the claim was then directed to the fast track process due to the debt being in excess of 10k - which as we know has the added risk of costs!!!! In deed a number of letters from Kearns continued to warn me that "costs were escalating"..... I decided to focus all my efforts into compiling what I considered a rock solid defence based upon the fact they had failed to send the correct doc stated. What I did receive was a photocopy of a photocopy of an application form, the "deed" of assignment and some letters allegedly sent from both Barclays and IDR. Eventually, almost 18 months later I had my day in court. Firstly the DJ was extremely accommodating and seemed to have an air of empathy with me (maybe fed up with the likes of Kearns appearing in court (or their advocate) with no defence presented and therefore continually being awarded the case on default! Lesson 2 - ALWAYS SUBMIT A DEFENCE!!! The case was planned for a day but was done and dusted within three hours. It seemed the claimants main argument was based on a moral argument that I had paid some of the debt at some point and the address on the application married with my current address so therefore I owed the money. I made no attempt to deny a barclaycard was at some point held but that the assignment and default process was not followed correctly. I was shown copied of Barclaycard statements for a period of three months highlighting my address and the amount outstanding. The counsel then stated that if they had provided ALL the statements for the life of the account then it would have been several folders worth... the Judge then commented that they should in deed be there. I thought nothing of this statement..... We were told to leave for an hour to allow the DJ to read through the paperwork until judgement. One coffee later we were called in and the DJ went on to say that she accepted the application form and that it seemed the deed of assignment were correct (despite being a pre 2007 agreement). As she went through her findings I felt that I was now facing the judgement of awarding the case to IDR but possibly not the statuary interest. It was at this point that I was then shell shocked went she went on to say - "how could she possibly award an amount specified by Keanrs on behalf of IDR if she could not see how the debt was accrued (by virtue of not seeing ALL statements) and announced case dismissed!!! I was asked what costs I wanted to be considered and in the numbness said nothing and that I was just happy with the verdict. The assigned debt was £13k, but with inflated costs from LINK had risen to £18.5 and was then looking at aprox £6k of legal costs....this was going to cost me in region of £25k my lesson ere is never give up hope, to do not crumble under pressure and present yourself in an amicable manner during court (the DJ remarked on how well I conducted myself and that i was quite right in challenging any alleged debt! Thanks to the likes of these forums I was able to see that there was another outcome than just allowing a default CCJ to be registered. Now on to getting the default lifted!!!
  4. Barclaycard response below: I will only post the important bits We refer to your request for documentation under Section 78 of CCA 1974, we need to advise you that , regrettably, we are currently unable to fulfill your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfill your request. what this means for you whilst discussions continue, we know that we're not able to enforce our agreement with you, but our rights continue to exist under the agreement. your balance is £3,731 and you will need to continue payments, blah blah blah. it is important to note that, where debt has accrued on your account, we will, where required, report to credit ref agencies, demand payment blah blah blah. they acknowledge delay in responding and accept that they are therefore prevented from enforcing our agreement they di however very kindly enclose a copy of short form cancellation and historic terms and conditions - why would I want those, lol next action - IGNORE and see this as a winner ??
  5. Hello , I'm new here and I was looking for some guidance. I have had a Barclaycard since the early 1990s , indeed i believe probably before 1988. I took this out following a meeting with an advisor at barclays. I was told protection was compulsory and that I needed it to protect myself from any problems with the goods I was buying etc . I did not need it for any other reason as I had excellent cover from my employment for sickness etc . I was young and naive and was led to believe it would be a condition of me getting the card . I have had this protection on thus card ever since . I have always been in debt to them ever since ,except for a 2 year period when the card was dormant and paid off and until then the average I owed I would say was aleast £6000. This may be a conservative estimate . I have been very foolish with money all my life but I have never defaulted on the card or made late payments. I recently was told that the cover was PPI and strongly believe I was missold I have written to them make a complaint and am waiting for their decision. i have asked them to cancel the ppi as it is not the cover i thought it was and i was not asked if this was required . my query is that BC have told me it may take more than the requisite time to deal with the claim. is this normal? also if this is upheld how do they calculate any redress? I suffer with depression and anxiety and would appreciate any help many thanks
  6. Had an old egg card that I defaulted on back in 2010. Agreed payment of £1/month with egg then was informed barclaycard had assumed the debt. Continued to make my payments but they suddenly started getting rejected by barclaycard. Eventually cancelled the standing order. Last successful payment was may 2012 so about 9 months until it is statute barred. Now out of the blue had a letter to my old address (new occupant there has sent it on to me) saying Robinson Way on behalf of Hoist are instructed to recover the debt. First question is whether or not to ignore the letter as they still haven't quite found me? Can they start proceedings without having my correct address? From reading other posts on the forum it seems highly likely they wont be able to provide a true copy of my signed agreement they wont be able to take any enforcement action in which case making contact with them now would head off any likelihood of court proceedings that i dont know about. Any advice will be greatly appreciated.
  7. Hi I had a letter a couple of months back from Robinson Way regarding a Barclaycard account. I have never had a Barclaycard called them immediately and they told me that it was an egg card. I did have an Egg card several years back and this went in to a DMP but then the DMP Company went in to liquidation and hadn't been paying. I did make payments hug these were returned 'suspense' so didn't make it to the right person. I have checked my Experian and this account has dropped off my file. I don't know if it would be considered SB. How would I find this information out? They have written to me this week offering a 50% discount and then today offering 10 days to contact them before they start litigation proceedings. I cannot afford any negative points on my credit report at the moment so am not sure how to proceed. What would you advise?
  8. I have just been contacted by Lowell portfolio about two accounts. The second one which relates to barclaycard is below. An account with Barclaycard that I owed around £1500 on. They said i had a repayment plan set up with them which cleared the bulk of the balance (only £70 left). They said my last direct debit bounced but I have had no contact from them in the 4 years since the direct debit bounced. What is the situation with this balance? it does not show up on my credit report. If i refuse to pay, can this be added to my credit report (despite the initial default - with the actual lender - being in 2009) Any advice gratefully received.
  9. Dear All, I filled out the online form for Barclaycard to reclaim my PPI, which I never realised that I had. I get a reply this week enclosing a copy of a letter dated November 2014 that apparently they sent me when I applied for return of PPI the last time??? I have zero memory of doing this and I am not convinced they are telling me the truth. In any case they are telling me that nothing was miss sold and I am not getting any money back. It seems like a generic letter and they have used internal and external evidence to reach this decision. They have also included the "linked cards" that where on my account? I have no idea what the linked cards are. Does anyone have any ideas? I am about to send a new letter to Barclays advising them that I never received the letter dated November 2014, can they please provide copies of all credit contracts between barclay card and myself and also copies of all the evidence internal and external that supports their case so that I can take this case to the next stage. I would also like supporting evidence that shows me that the PPI was not missold. I have advised that i will take the case to the BO. Has anyone else had a similar situation? Does anyone have any experience as what has happened once they get a letter asking for the supporting evidence? Finally what linked cards? Many Thanks
  10. Received my documentation from the above which seems to state that I did not want PPI in the last century but in 2005 I have entries for £40 called 'out of order' charge. Is this PPI can anyone advise.
  11. New here, been reading some posts, but so much info, getting confused.. Well over 10 years ago, had 3 Credit Cards, 2 were with Barclaycard directly, another via another company, but at some point Barclaycard took that card over also... In the last 5 years at least have had a payment plan with Barclaycard with all 3 accounts, as I could no longer afford the monthly amounts along with interest, in Dec 2016 Barclaycard passed 2 of the accounts over to Link Financial, paying one at £50.00 a month the other at £100.00 which is what I was paying Barclaycard In June this year Barclaycard passed the last one to a Hoist Portfolio Holding Limited, who in turn immediately passed it to Moorcroft Debt Recovery Limited I own £1866.75, was paying this at £53.00 every month to Barclaycard, they now sending Letters asking for payment/flexible approach etc What upsets me about all this, I've never missed a payment with Barclaycard, may be a date but doubled it with the next one, my bank account goes from Black one week to Red the next.. So have no spare cash to play around with, Barclaycard was getting their money back, just not quickly. Now have payment details with Moorcroft via account details, web page etc, not yet contacted them, but don't what to fall behind with them just to incur interest etc, so making the amount owed even more & will then take me even longer to pay off.. Can anyone please help me, not sure what to do...
  12. Originally I had accounts with Egg, Barclaycard and Goldfish which had all become Barclaycard by the time I defaulted sometime around 2009. These accounts have since been bought by Cabot and one has been farmed out by them to Westcott. It turns out that 2 of these 3 accounts have the wrong date of birth for me. The month and year are correct but the day date is not. I know that at some time in the past all three accounts had the right date of birth as it was used as a security question in any telephone conversation - of which there were many. One of the accounts is the one with Westcott and was the first to become noticed when I failed security. The other is direct with Cabot. To cut a long story short Westcott DEMANDED my birth certificate which after some protest I duly provided Their action was to change the date of birth on the account About year ago the account with Cabot reared its head too and in that time they have been trying to obtain the original agreement from Barclaycard. They have recently responded that Barclaycard are unable to supply the original agreement so they have also changed the date of birth on my account and as far as they are concerned the complaint is closed. My contention is that the one unchangeable event in ones life is the date you were born and that if these are my accounts the data is corrupted or they are simply not my accounts at all. Unfortunately I can't verify any of the history as during a house move 6 years ago the box containing all my financial records was lost. I am tempted the contact both the Data Protection registrar and the Financial Ombudsman and to tell Cabot that this is the action I am about to take. Should I be doing this or is there some other action I should take. The sums on the 2 accounts together exceed £20,000 and I have been paying £1 per month on each for the last 8 years or so Thank you for your advice in advance
  13. I've been reading through the forums for a while but just am getting a bit nervy now! Im at the stage where after submitting the defence, ive got the Defence questionnaire re the small claims track. Hoist still haven't responded to my requests for info, and ive not had anything back from Cohens either and the requests were sent at the end of April. Before it got to this stage, Id spoken to the litigation department twice requesting correspondence - in the second call, the Hoist person said that they wouldn't be sending me any requested info... Am i correct in thinking that i now tick the mediation box and take it from there? I then explain about the requested information not being provided - assuming it still hasn't by then? Sorry if this has been said loads before, but i just need to know for my own peace of mind!
  14. Hi So far having followed threads on here I've managed to deal with a hoist claim on a card from 2005 for £1800 before court fees on moneyclaim online for £2800. They were supposed to have paid a fee by 15th June otherwise it would be struck out similar to a thread on here by "musicam" I rang the court a few days after said date and they hadn't paid although the lady said there was some leeway in case they had paid by cheque. I rang again yesterday still having heard nothing expecting to be told it was struck out but was informed its going ahead as they have paid the court fee. How they are allowed extra time to do this when I have received a letter stating it would be struck out by 15th June if the fee is not paid I have no idea ?! today I received hoists witness statement. I wonder if it would be ok to send the witness statement "andyorch" provided for "musicam" as the cases seem pretty much the same. In mine they also rely on Carey v HSB and concede what they have is poor quality and illegible. They also have no default notice from the original creditor Barclaycard, only a default notice from mercers dated 18/3/11. Despite the default from mercers being 2011 - The last payment to this card would have been nearly 10 years ago with no contact since - is it too late to add any statue barred defence to this witness statement ? Athe court date is the 2nd week in July. Does my witness statement have to be in 14 days before which makes it pretty much now ? Hoist also made an offer to accept £1508 full and final settlement when they sent their "evidence" which makes me think they don't really want to go to court. Am I ok to go with ? "IN THE ******* county court Claim No. *********** BETWEEN: Claimant Hoist Portfolio Holding 2 Ltd AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claims form from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. 6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______" Any advice appreciated For Info The original defence provided my myself was "1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted I have in the past had a contractual relationship with MKDP LLP (Ex Barclaycard). 3. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received. 4. On the 18th January 2017 I made a legal request by way of section 78 request to the Claimant. The Claimant has yet to comply with the requested agreement. I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) show and evidence any breach. 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief."
  15. Looking for advice on this as I have only been made aware of S86D CCA. I have been on a DMP with Payplan for over 6 years. During this time Barclay's have continue to charge interest albeit at reduced rates on my two cards. I don't believe that they ever sent out a notice of arrears for the accounts at any time. With S86D in mind am I right in thinking that they therefore have not been entitled to charge interest. Whilst I have had AP markers for the entire period they have backdated defaults which will mean that they drop off within the next couple of months. I have received monthly statements from Barclays for the cards throughout so does this counteract the requirement for them to provide a notice of arrears. The interest would be sizeable and could wipe out the rest of my DMP which still has 5 months to run. I have found the below advice Arrears notice penalty Of course, when a trader provides credit, he or she accepts that the debtor may default, whether intentionally or not, or knowingly or not. Either way, the creditor is under a duty to provide the debtor with a notice stating that he or she is in arrears and exactly how much money is owed. Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C. If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,
  16. HI all have a sepearte thread for another of these hoist have sent me a claim form for a debt for a barclaycard pre 2007 i have already sent a cca request off to hoist which they have repsonded saying they are looking into it and a cpr request to cohen which they have ignored i also sent off a SAR request to barclaycard via the online tool a few weeks back heard nothing and they havent called to take a £10 payment the particulars of the claim are This claim is for the sum of £5410.23 in respect of monies owing under an agreemen with the account number xxxxxx pursuant to the consumer credit act 1974 (CCA) The debt was legally assigned by MKDP LLP (ex barclaycard) to the claimant and notice has been served the defendant has failed to make contractual payments under the terms of the agreement a default notice has been served upon the defendant pursuant to s.87(1) CCA The claimant claims 1. the sum of £5410.23 2.costs just need help with defence i already been a logged onto moneyclaim and did that ready to file the defence which i have another week or so to do i beleive the claim is dated 24 april
  17. This one may be very quick "discontinued" but.... The brief history is - 03/2011 - Last payment made on account. Wrote Barclays to request true copy of signed agreement 08/2011 - Mercers letters 01/2015 - MKDP letters - Responded during this period with S.78 02/2015 and followed up with 12+2 expired 02/2015 04/2016 - Robbers Way letters - I responded with dispute letter 09/2016 - Cohen letters - Responded with reminder that the S.78 had not been answered and enclosed copies 02/2017 - Queried incorrect default date on credit reference file for Hoist Ex Barclaycard. DCA didn't respond to CRA 04/2017 - Cohen letters - Responded again to Cohen reminding them of past S.78 and enclosed copies. There have been some big gaps between anyone sending the standard 'give us your money' letters and now rapidly approaching (past?) the statute barred date. I have now received a letter from Robbers Way in which they apologise for their late response and "We appreciate that you wrote to us back in November 2015 to request a copy of your agreement which you have yet to receive. We can confirm that we have queried and requested a copy of this from our clients for you". They also state they have suspended collection activities and account is on hold. That was 3 weeks ago now. At the same time as I received the above mentioned letter from Robbers Way, the record for Hoist has disappeared from my credit file, leaving only the original Barclaycard account which is marked as settled and closed in 12/2011. Is the best advice now to sit tight and now do nothing? Just had a look on another credit reference file at my data, this one is fed by Equifax.. . The Hoist original Barclaycard account is marked as closed with a current balance of zero. The Hoist account is also listed in the closed section with the old balance from the Barclay card.. With this account now being listed as closed does that mean that the DCA has marked it as such?
  18. I have been following this thread as I am in a similar position - old Mastercard debt now at the stage of it being allocated a small claims track. It does state that if struck out the claimant (HPH2/H&C) has to pay my costs, as the debt is £11k+ with their interest, fees etc, i.e. over the £10k level. my defence was the total lack of any acknowledgment of my request for info regarding s77a/s78 and 86B. When it went south and M/card closed my account the rate had gone to either 19.9% or 29.9% (latter I think) and heaps of late payment/non-payment type £50ers added to their party trick. I was living abroad and so got any info well after the usual 30 statement, which stopped completely when they closed the account as I was paperless and no longer got access to what was happening. I first got this card about 35 years ago. Applied for the standard CCA and made the CPR31.14 request too. Nothing so far in return. Just wondering, in the absence of almost everything I have read on here and other similar sites (excellent service BTW), if the s77/78 86B claim has any merit whatsoever. Also, as we have to produce evidence, aside from a witness statement, what else do defendants typically produce in court from their own records? I have perhaps one or two old M/card statements, but nothing else really. Thanks in advance. Sorry, I did as requested and started a new thread. Nothing to add really.
  19. Good Evening all, I was wondering if someone could help me with an issue I have about a Barclaycard that I opened in 2005. I build up a balance of around £4000 but paid it off in full in March 2012, I have clear evidence of this as I kept most of the statements and you see the balance goes form £4000 to £0000 (although the statements do not say payment received). I also have 22 following months statements with a balance of £0000. I did not use the account after I paid it off (cut up the card) and after receiving nearly 2 years of statements, they suddenly stopped and I thought the account had closed. I also have a noodle credit report from 2014 that mentions nothing of this account (again proving the account was not in default) Any way in October 2016 I received a letter from Barclaycard saying they had closed this account and transferred it to a company called Asset Link capital with a balance of £4200. I though this must be a mistake and ignored it. I have since received letters from Link demanding payment in full and the latest letter has even threatened solicitors (Mercers Kearns ) action within 14 days. I have checked my most recent noodle credit report and this alleged debt does now appear, so Barclaycard must have backdated my credit report reporting it as default from Feb 2012 (please note it does not appear on the 2014 report), I am worried like hell that I am now going to be taken to court for a debt that has been paid off once (2012). How is it now that 5 years later banks/debt collection agencies can be hasting/threatening legal action for a debt they seem to have made up. There must be some kind of criminal actions going on here. Would there be anyone in the CAG community that can help/advise me with a template letter to send, I am not sure where I start and how I explain all of this or indeed who to report it to. Please please please someone help this worried persecuted human being who has very little money and even less knowledge on how best to tackle these criminals :-(:-(:-(
  20. Hello, I wondered if any other poster on the Barclaycard forum has been able to obtain copies of their original application form and statements dated before 1996 using the DSAR method? Did you have to take as it as far as small claims court or the ICO to get the info? Also, does anyone know if Barclaycard used a shorter 9 digit account number in the early 1980's before they extended it to 16 digits? Thanks very much to anyone who can help
  21. Hi im hoping someone can help, we've had our barclaycard since 2007, we've always paid it the average balance is around 2k we only realised in feb we had been paying PPI. I ve sine sent a letter to barclaycard as we've never used this policy as we wasn't aware we even had it even through unemployment etc the payments have been made. They have sent a letter today advising us they are refusing the claim as they sent us 2 letters in jan and feb 2013 requesting we check all of out PPI policies and that all the information was correct and that we should have been in touch within 3 years and the period has now expired. I didn't received any kind of paperwork or I would have cancelled the policy there and then , we are both no self employed and my husband has medical conditions which meant the cover is of no good to us. ive called them and he told me to write and appeal the decision. has anyone any ideas or had anything similar? also where can i find a good calculator to give me a true idea of monies paid and what i could potentially claim back? thank you
  22. Hi, I'm hoping someone can offer me some advice. A few years ago I was the victim of identity theft. I was made aware of this and checked my credit report, someone had applied for several credit cards in my name at a previous address. This had left several defaults on my credit I made contact with these companies through Experian and all these companies confirmed i had been the victim of identity theft and cleared theses defaults from my credit report. I also as advised reported this fraud to the police via action fraud. One of these companies was barclaycard. I have a letter from barclaycard confirming I did not make an application and any fraudulent spending has been removed from this account. I believed the matter settled. However I've recently noticed a default on my credit report for £1351. It had been placed there by Hoist Portfolio holding 2 limited. I disputed this via experian and was told to call barclaycard fraud team. Which I did, they confirmed that I did not owe any money and the only record of myself was the fraudulent application previously mentioned. I then as advised by experian wrote to Hoist Portfolio/Robinson way stating that the date of birth on the default record was incorrect and I was not living at this address at the time the account was created and enclosed a copy of the letter Barclaycard had sent me confirming that i had been a victim of fraud. A week later i received a letter with a Barclaycard letter head stating that this account had been transferred to HPH2 in October 2015 and all payments shall be paid to HPH2. This was 3 months after i received a letter from barlcaycard confirming I'd been a victim of fraud. How do I deal with this? This is adversely effecting my credit rating?!
  23. So here's the latest in my Egg adventures. I've had a letter from Barclaycard referring to an EGG debt, to an old address. It's attached here. It refers to a default that hasn't appeared on my file as yet. I'm fairly certain (although I don't think I have a record) that the account was defaulted in 2004. Here's the fun part - it was from an Egg credit card, Now this. Do I CCA Barclaycard for the Egg details instead? Egg_Barclaycard_default_26-02-17.pdf
  24. Need a bit of help with an old Barclaycard debt that has been passed onto Robinson Way A bit of back story... In 1998 when I started college, Barclays were targeting students and offering them free mobile phones (this is before everyone had them!). I knew that Barclaycard's interest rate was pretty bad compared to most, so almost never used the card and had a direct debit set up to pay the minimum balance (standard student mentality). Fast forward to a couple of years ago... I hadn't seen any statements in years, but Barclaycard send me a notice of default to say that my direct debit had been cancelled 3 months previous and I was behind with my payments, and that my card was now over it's limit! This was obviously news to me because I hadn't seen any statements. I obviously phoned Barclaycard to sort it out, and told them that I wanted to see statements and why I wasn't receiving them etc. They said I was signed up to online banking so I can manage everything online and as such, they don't send out paper statements. Unfortunately, I don't have the card anymore due to it expiring and them never sending me a new one or the reader to go with it. I also don't know any of the secure information to log in. She said she couldn't give me access to my online banking until the account was sorted, so I made a payment to bring it back in line. She then said she couldn't give me access because it would take several days for the system to register the payment, and that all I need to do is phone the call centre in a few days time. I waited a few days and then phoned the call centre... Unfortunately, trying to explain to their indian call centre that you can't log in to online banking is rather more difficult than it should be. The general response was always that the problem must be at my end, because they can log in fine. They couldn't grasp the concept that I was unable to log in due to not knowing any of the passwords or information. I tried this several times, but got frustrated. Obviously the account then went back over it's limit... the recovery team phoned me, I paid an amount... complained again about the situation, but ultimately nothing changed and we went around in circles. Finally last November/December I'd had enough and was determined to go through to their complaints department. Took me an age to get through because the indian call centre employee was determined to try and sort the problem himself without listening to my problem or understand what I was saying . Eventually I got though, and I explained that from my point of view, Barclaycard were withholding information about my account from me, and denying me access to online banking so I wasn't able to manage the debt or see how it had got so high on a card I hadn't used in several years. I was told that it would be raised as a formal complaint and that as the account was now closed, no further interest or charges would be added. I was also told that they would call me at some point in January to discuss it.... They never did. In early january I get a phone call from someone asking me to confirm my details for security purposes... Obviously I said no, because they phoned me. They said they would write to me instead. I then get a letter from Robinson Way, as well as one from Barclaycard (albeit a black and white photocopy rather than on their blue letterhead) saying my debt was now transferred to HPH, and was being managed by Robinson Way. I suppose, my question is... can they just pass on a debt? I mean I don't know who this company is, and I was trying to dispute it with Barclaycard. I had actually threatened to go to the ombudsman as I think this was rather underhanded behaviour. This morning I received a letter saying they'd accept £1722.93 in a single payment to settle the £2297.24 debt. Obviously I want it all settled as quickly as possible, but at the same time I don't want to be costing myself money unnecessarily. I was prepared to take Barclaycard to the small claims court, but I'm guessing that they passed the debt on so that couldn't happen. Any idea what my next step should be?
  25. Hi, It's a bit of a complicated issue, but I'll try to keep it concise. It's relating to my partners BC account, for which he put his head in the sand until 2014 as he assumed PayPlan had 'sorted it all out', since starting a DMP in mid 2006. I took over the issue in 2015, helping him, as we discovered BC failed to default the account in 2006 (and where still trashing his CRA files). The journey since has been frustrating to say the least.... ...I use 'I' in this context as I have been writing the letters etc on his behalf to try to get this sorted. I have a complaint with FOS, re Barclaycard failing to default a CC account in 2006 and adding interest between 2007-2016, at times as much as 17.9% whilst on a DMP. I raised complaint with BC in Early 2016, raising with FOS 6 months later (in time), BC refused to default account, and referred me to the FOS. FOS have now stated its both out of time, ie more than 6 years ago (only by BC using this as an excuse to stop the FOS investigation), and secondly the FOS adjudicator has stated it is fair, and in BC T&C that interest can be charged after the account is cancelled, as per T&C. ...my problem is that in 2 CCA requests no terms have ever been provided, the one copy I did receive with my DSAR does not reference interest under the section number the FOS states, oh and the FOS has actually failed to include a copy of the terms they are referencing! I intend to escalate to an Ombudsman, but need a little advice beforehand. My Q is: When a credit card is cancelled, by the creditor for the cause of 'my failure to meet minimum contractual repayments' (for 5 months), does this deem the contract to be terminated and thus no longer valid. Ie can BC legally charge interest if they have withdrawn credit facilities and 'cancelled' the account? (There are internal BC notes from DSAR which state account is closed in 2006) I always thought that when closing the account, withdrawing the card and stopping PPI etc then he contract was finished and interest could not be charged. (Oh and defaulted which is my main complaint to BC, the interest being charged is the second part of the complaint as I think this falls also under unfair treatment). History below: In summary, in 2006 default notice, not complied with (was in considerable financial difficulty), received a letter from BC stopping PPI as the account was cancelled. All credit facilities were revoked. DMP with Payplan started FIVE weeks after account cancelled. Then a 2nd default notice issued, after the first DMP payment, but before DMP accepted by BC . This too expired before BC accepted DMP. For one year interest was stopped, but then failed on 2 DMP payments , only managing a partial payment for both, in 2007. (DMP temporarily failed due to bullying from another creditor to make more payments to them outside of DMP!). Interest was restarted and never stopped despite numerous letters from PayPlan request that it is stopped - all letters were ignored. Between 2007 - 2016 made regular payments, and in Sept 2016 managed to pay off the remaining balance with a small PPI Claim received from another company. Between 2006-2014 buried head in the sand assuming PayPlan were working in best interests. Also assumed BC account was defaulted, all the others out of 13 creditors were defaulted between 2006-2009. In 2014/2015 realised both that BC was not defaulted and that wouldn't be getting the interest 'refunded' upon completion of DMP ( as promised by PayPlan - unfortunately only verbally!). This is when I intervened eventually leading to this Formal complaint to BC. any advice before I reject the ajudicators decision would be great. Me_too
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