Old Barclaycard Debt - Howard Cohen - PAP

[rintyrad]

Hello

 

I had a Barclaycard that shows I defaulted on on 27/03/2013

 

Since then it looks like it has been brought by hoist portfolio and is now showing on my credit file aswell. So Barclaycard is showing a default with a nil balance and hoist portfolio showing the full balance and a defaults.

 

Is this correct?

 

Also do these drop off the report after a certain point?

[Andyorch]

Yes.....its the same account number...same default...does not count as two defaults.

 

Falls off after its 6th Anniversary

 

 

Andy

[dx100uk]

Are hoist aware of your correct address if you've moved since taking the card out?

[rintyrad]

Haven’t changed address.

 

So are we saying this is correct then it should show as two separate defaults but one is 0 and one is the balance?

[dx100uk]

yes as post 2

[rintyrad]

Hello,

 

i have got a pre-action protocol from Howard Cohen reference an old Barclaycard debt of £3065.

 

Agreement started in 2008, i probably defaulted in 2012, may have made token payments till 2014.

 

What's the best thing to do with these then, should i ask them to prove i owe the debt before i pay?

[Andyorch]

Use our forms not theirs post #4 of the following thread.

 

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

 

 

Andy

[rintyrad]

Thanks

[rintyrad]

So it’s been 2 weeks since I sent this back and I haven’t heard anything. Should I chase up?

[Andyorch]

So it’s been 2 weeks since I sent this back and I haven’t heard anything. Should I chase up?

 

Noooooo.......

[rintyrad]

What if they just say they never received what I sent back and go ahead with the court claim anyway?

[Andyorch]

Its irrelevant whether they received it or not ...if they are going to litigate they will irrespective...did you return it signed for/recorded/registered delivery?

[rintyrad]

Yeh I did recorded delivery

[Andyorch]

Then they cant state they never received it

[rintyrad]

So they replied a couple of days after your last message saying they would get the documents i required and send them to me. But that was over three weeks ago. Do we think they haven't got them. Is there a timeframe they have to adhere to?

[rintyrad]

just on a side note i checked my emails and robinson way were hounding me for ages before hoist took over about reduced settlement amounts, could that mean they dont have the relevant info to make it enforceable

[Andyorch]

From the link post#2......

 

Disclosure

 

If in the debtor requests disclosure of a specific document or information in his reply, the creditor must provide that document/information within 30 days of receipt of the response or provide an explanation as to why it isn’t available.

[rintyrad]

From the link post#2......

 

Disclosure

 

If in the debtor requests disclosure of a specific document or information in his reply, the creditor must provide that document/information within 30 days of receipt of the response or provide an explanation as to why it isn’t available.

 

 

And if they dont?

[Andyorch]

They dont...and when they issue a court claim you bring it to the attention of the court in your defence.

[rintyrad]

still haven't heard anything back regarding this. do you think its unlikely they have the cca?

[dx100uk]

as post 17

go enjoy new year

stop worrying

not your call.

[rintyrad]

Hi all I opened up a barclaycard in 2008, defaulted on it in 2012.

 

In 2018 they sent me a pre action protocol letter which I returned to them asking them to prove the debt was mine.

 

last week they returned some items to me that look like potentially old statements.

 

I was paying them back through payplan with the last payment being 3rd July 2014.

 

as it has been 6 years since that date

am I ok to tell them it is statue barred and is there any specific wording I need to use.

 

i was thinking about writing a letter converting to a pdf and then emailing it them as I don’t have access to a printer at the moment.

 

would this be the correct thing to do?

 

thanks 

[unclebulgaria67]

Yes you could send them a stature barred letter and get  proof of posting.  Then just keep a copy of the letter with the proof of posting.  

 

As long as you are sure the last payment made through Payplan was over 6 years ago, that appears to be a sound action to take.

 

 

[dx100uk]

old and new threads merged.

 

send them via royal mail our statute barred letter from the debt collection section of our library.

 

dx