Barclaycard ex-Egg with Hoist / Robinson Way

[shammmy]

Hi guys

 

 

I'd like your thoughts on this.

 

I have a Barclaycard / ex-Egg account

- that defaulted back in 2012.

 

In middle of last year it was sold to Hoist and then Robinson Way came chasing. It's a familiar story.

 

Last payment on this was February 2012 (default was Nov. 2012), so I'm thinking "you sods!".

 

I sent CCA request which has taken them months to comply with (I have all the time in the world!).

I finally received a recon from them this week,

with an I&E sheet attached and 30 days complete it (keeps clock ticking ).

 

Reading between the lines, I don't think they have a clue when this agreement commenced, but nor do I, to be honest.

 

There isn't a date specified anywhere.

On the bottom of the Egg recon it states "04_2006",

but this only appears to be a copy of T&Cs,

so probably isn't a compliant recon anyway.

 

They certainly don't appear to have a copy of the original agreement, so from that perspective, I'm hoping this account is from pre-April 2007. All I know is that it's from around that time and could well be 2006, or could be a year later.

 

With the six year anniversary of the last payment coming up next week,

I'm hoping that I'll also have the SB option in my locker too.

 

I'd prefer to eat up another few months though before I would feel confident having to rely on this should they issue a claim.

 

I don't know if it affects anything, but I did enter into conversation with one of these Dor-2-Dor callers a few months after the last payment - they called to the house and caught me on the hop.

 

How would you recommend I respond to the recon they sent me?

I'm ideally looking to string them along for a little while longer if possible,

although they might even keep sending begging letters for a few months without any form of prompting anyway.

 

Cheers!

 

Sham

Edited February 8, 2018 by Andyorch
edited

[dx100uk]

you mean you have a pre action protocol letter of claim pack?

[slick132]

Hi Shammy and welcome to CAG

 

The debt is Statute Barred 6 years from the last payment so they're probably having a final shot at getting you to pay or acknowledge the debt before it goes SB'd.

 

As you've just had a reply to a CCA request, I think you should do nothing and let the clock TICK ..........

 

[shammmy]

you mean you have a pre action protocol letter of claim pack?

 

Hi DX

 

No, I don't think I ever received anything related to PAP, but I will try to fish out the letter later. I recall it being a standard letter from RW advising that they were acting on behalf of Hoist and require payment of said account. I hit them with a CCA request straight away.

 

Hi Slick

 

They state that collection activity will be held on the account for 30 days so as to enable me to complete and return the financial statement. That will take me over the six year anniversary since last payment (or card use). It does appear that they're living in hope of getting something rather than nothing.

 

Out of interest, last time I really got my head into this stuff, there was some debate over whether the courts were accepting the DN date as the cause of action or the date of last payment/transaction. Is this one still being debated?

 

Sham

[Andyorch]

So basically the default was registered 8 months after the cause of action.

 

Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged for six years.

 

Time starts to run from the date on which the right of action accrued. While it is not always straightforward, a right of action usually accrues when a debt becomes due (March 2012), either because the contract requires payment by that date or because the debtor defaults on regular instalment payment.

 

So the date the creditor actually places the default marker on your CRAs and or the date the default notice is dated is relevant.

 

Regards

 

Andy

[shammmy]

Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged for six years.

 

Time starts to run from the date on which the right of action accrued. While it is not always straightforward, a right of action usually accrues when a debt becomes due (March 2012), either because the contract requires payment by that date or because the debtor defaults on regular instalment payment.

 

So the date the creditor actually places the default marker on your CRAs and or the date the default notice is dated is relevant.

 

Thanks Andy!

 

So, are you saying that the SB clock started ticking in March 2012 (on the payment due by date stated on the statement)? This date being the point at which action can be taken under the terms of the agreement?

 

Sham

[Andyorch]

Thanks Andy!

 

So, are you saying that the SB clock started ticking in March 2012 (on the payment due by date stated on the statement)? This date being the point at which action can be taken under the terms of the agreement?

 

Sham

 

:thumb:Correct thats when you breached the agreement..... but the creditor will try to convince you otherwise...more like when the creditor actually decided to issue a default notice 8 months later and register with your CRAs...possibly on an even later date.

[shammmy]

:thumb:Correct thats when you breached the agreement..... but the creditor will try to convince you otherwise...more like when the creditor actually decided to issue a default notice 8 months later and register with your CRAs...possibly on an even later date.

 

Ok, thanks Andy.

 

That leaves 5 weeks for the clock to tick down on.

 

In view of that, would you suggest I respond in any way to the CCA request documentation received, in a bid to eat up some more time? Their letter is dated end of last month and it appears they're happy to wait 30 days for a I&E sheet to be returned (not that I will be doing that), but that would leave me with two weeks to go until the six years have fully passed.

 

Actually, I guess a better question is.... if they send a PAP letter, does this stop the SB clock, or does SB only cease at the time a claim is actually issued?

 

Thanks again,

 

Sham

[Andyorch]

The PAP has no bearing on the limitations...it does afford you another 30 days before the possibility of a claim being issued.With regards to responding to their efforts to comply with your section 78 request by all means draft a response but beware that the danger of pointing out flaws within their documentation can possibly arm them and allow time to correct before the issuance of a claim.

[dx100uk]

i'd sit on your hands

they'll probly issue a PAP letter of claim I bet

[shammmy]

Thanks both.

 

I think the combination of 30 days granted for the I&E and another 30 for any PAP letter that's pending should see me over the line insofar as SB is concerned.

 

It doesn't look like they have much to go on regards a compliant agreement either, but we'll see in time I guess.

 

Cheers,

 

Sham

[shammmy]

Update: Received a Letter of Claim now from H Cohen. It has revealed one helpful thing - the account is from 2006. They only supplied a recon to my CCA request after about four months.

 

I'm pretty sure the SB date on this came and went earlier this month - six years since the first missed payment.

 

The bit I'm unsure about is how to respond to the Letter of Claim.

Do I use the form they've supplied and tick Box D (I dispute the debt).

Then, within a separate letter, state that the debt is Statute Barred?

 

Finally, they specify a date to respond by. Would you suggest I wait until close to that date before sending the response? I'm keen to keep the SB clock ticking where possible.

 

Thanks!

[dx100uk]

post 6 here

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

I dispute the debt because...... it is statute barred

staple the SB letter from our debt collection section of the library to it

don't sign anything

[shammmy]

Thanks DX!

[shammmy]

I responded to the Letter of Claim - denied the debt due to being statute barred and attached the template letter. I did use their own response template, but just recently realised there is a CAG one that should be used. I didn't sign anything.

 

We're now moving towards 6 years and 3 months since last payment, with no further acknowledgement.

 

I've now received a letter from RW advising that the debt is not SB due to the default date, and now request payment proposals within 14 days or it MAY be referred back to HC who MAY be instructed to take court action. I guess that's a standard response and is probably a positive sign.

 

Is there any need to engage in further communication with them, or just let the clock keep ticking and wait for their next move?

 

Cheers!!

[Andyorch]

Let them issue a claim if they believe its not SB.

 

 

Andy

[shammmy]

Thanks Andy. I figured you may have advised that, but wanted to check first.

 

Thanks again!

[shammmy]

Time for an update on this.

 

Six years since the date of default came and went almost a week ago.

That's over 6 years and 8 months since the cause of action.

It's pre-2007 with no signed agreement, to boot.

 

I'd be surprised if they issue any claims on this one now with so little ammunition, but I'll continue to not count any chickens for a while yet.

The balance was over £8k, so is a nice one to get chalked off.

 

Thanks for the advice given!

Edited November 28, 2018 by dx100uk
spacing

[dx100uk]

so should drop off pretty soon