Egg bank now barclaycard - passed to robinson way

[hurtandconfused]

Hello ,

 

Does anyone have any experience of dealing with BARCLAYCARD (my account was originally egg)

 

The have no signature/original terms - they sent me a copy of terms on barclay card headed paper but i opened the account with egg - it was transferred to barclays?

 

It has £940 default balance last payment March 2012 now passed to Robinson Way collectors - Originally took out the card via online around 10 years ago. was paying it regular until March 2012

 

I have sent the prove it letter giving 12+ 2 days and they just gave me a black barclays terms

I asked them to remove from credit report but they wont do it

 

any help or advise would be much appreciated x

[filrobbo]

Have you any charges on this account or ppi

[filrobbo]

And how much is outstanding on the account

[dx100uk]

just because there is no CCA

 

sadly, its no reason to remove it from your CRA file.

 

don't forget, online accounts wont have a sig anyhow.

 

dx

[hurtandconfused]

Hi there , its for £940 and there is no PPI but may be around £70 in late payment fees.

 

Should I just make an offer of token to pay it off then if they wont remove it from my report?

 

I thought I seen a template letter somewhere to send to creditors who fail to provide the agreement in 12+ 2 days asking them to remove from credit report but i cant find it now

 

will they definety not take me to court if they dont have the agreement? i want to avoid this happening.

 

thank you for the help i really apprechiate it

[filrobbo]

Take control and make payments that you can afford if its a £1 a week so be it

[filrobbo]

Claim back the charges it not a lot but better then nothing

[Peterbard]

I think there should be a written agreement if it was 2003, electronic signatures came int force in 2004 I think, direct marketing 2005.

[filrobbo]

That meas they cannot enforce the debt but they can still collect on it

[dx100uk]

= ignore them if that's correct.

 

dx

[slick132]

Hi H&C,

 

Did you send BC a proper CCA request with the £1 fee.

 

I see you sent a "prove it" letter but there's no mention of a CCA request.

 

If all the default charges are recent, sadly there will be very little restitutionary interest you can claim on top but it IS worth asking BC to refund.

 

While the a/c is owned by BC, they're unlikely to take a F&F settlement offer.

 

Check for sure the date the a/c was opened and whether it was a paper application or online.

 

[hurtandconfused]

Im certain it was a online application - 2003 - may have been early 2004

 

many thanks again for all help i really appreciate this massive help and reassurance

[slick132]

Moved into BC forum

 

[Peterbard]

Egg agreements of that era were generally the written, "applied limit" variety.

[BEC01]

Egg agreements of that era were generally the written, "applied limit" variety.

 

Yes, and someone will correct me if I am wrong, the fact that you applied online does not mean it comes under electronic signature regulations.

My understanding is that if the agreement was posted for you to sign and return, then it is not classed as an online CCA.

 

I could be wrong.

[dx100uk]

yep

 

dx

[hurtandconfused]

Hi All just to update

 

I received a letter from robinsinway saying that they are responsible for my account now and that i should not have sent a payment direct to barclaycard.... but i didnt send a payment to barclaycard?

 

Where should i go from here? i sent the cca request but they dont have it they just sent standard terms and conditions (for barclaycard) my account was with egg...

 

can they enforce it if they dont have the agreement? will they ever remove it from credit report? should i pay them a token payment? will they take me to court? im so trying very hard to get life back on track. any help much appreciated

[BEC01]

Are they also trying to tell you that it is an online account and that you did not sign a paper copy?

[hurtandconfused]

no, i recieved 4 letters in 2 1/2 weeks

 

letter 1 has an unsigned terms from barclaycard

letter 2 says 10 day notice of a home visit

letter 3 says willing to agree on affordable terms based on circumstances

letter 4 says i recently paid barclaycard direct and that i should not to pay barclaycard direct and only to pay them - but i havent paid anything to anyone?

[BEC01]

OK, I am in a similar position with a different company.

What I don;t know is how to find out if they do have a CCA or not.

 

Others on here will be able to help though.

[hurtandconfused]

i sent them the template with £1 asking them to respond in 12 days and they gave me a blank copy of barclaycard terms even though my account was with egg?

[slick132]

Hi H&C,

 

It can be argued that BC have (sort of) fulfilled their s.78 CCA Request obligations by sending the T&C's, even though they are BC T&C's. However, that simply means they can continue with collection activity.

 

I'd write to Robinson Way saying you have only been sent T&C's relating to BC even though this was a Egg account. And would they therefore supply a copy of the Egg credit agreement and proof that RW have the right to make demands for this a/c - like a Letter of Assignment (unless, of course, they have already supplied this).

[Peterbard]

They need to supply a copy of the original agreement as well as a recent varied copy in order to comply with section 78, they can continue to ask for repayment anyway, they just cannot enforce until they come up with it.

 

Sounds to me like they are struggling.

[Peterbard]

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

 

Where there has been a variation of the terms and conditions of the

agreement

2.27 Where an agreement has been varied in accordance with section 82(1)

of the Act, the OFT considers that, by virtue of Regulation 7 of the

Copies of Documents Regulations, the duty is to provide not only a copy

of the agreement as originally executed but also

 

• a copy of the latest variation given in accordance with section 82(1)

of the Act relating to each discrete term of the agreement which has

been varied, or

• a clear statement of the terms of the agreement as varied in

accordance with section 82(1) of the Act.

 

Sorry missed a bit thanks slick

Edited July 17, 2013 by Dodgeball