Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    WormHasTurned Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    Posts
    167

    Default Mercers credit £1 CCA request fee to Barclaycard Account

    About a month ago I sent a CCA request letter recorded delivery to Mercers together with a £1 postal order.

    Just got my BC statement and the £1 has been credited to my account, and no sign yet of any response to my CCA request.

    Did get a different letter about 10 days ago, from Mercers, not accepting my current offer of £x per month 'however we would be prepared to look at the matter again if you are willing to propose an increase in your offer to £xx per month...to discuss..please call us on within the next 7 days. If you do not comply with the above, a Local debt collectionicon Agent may be asked to call upon you.

    'Please note we will not consider any further offers of repayment that are below the amount we have requested above'.

    It's crazy that they put CCCS and Payplan information on the back of their statements for people in financial difficulties, then when you go to those agencies and follow their advice about a repayment offer - BC/Mercers refuse to accept it.

    Should I send the 'don't visit' template letter next?

    Similar Threads:

  2. #2
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Mercers credit £1 CCA request fee to Barclaycard Account

    Hi WHT,

    This is a very dodgy move on the part of the DCA although, as you've been paying them recently, it will not affect your situation. It would make a difference to a debt that was near or beyond 6 yearsicon old and would stop the debt being Statute Barred (where the DCA can no longer chase an older debt).

    You should write to Mercers and say:-

    "The £1.00 fee enclosed with my letter of date was in respect of my formal request for the Credit Agreement under the Consumer Credit Act 1974 (Sections 77−79) and you have no right whatsoever to credit it as a payment to my Barclaycard account.

    You have already failed to respond within the 14 days allowed so the account is now formally IN DISPUTE. Accordingly:-

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not instruct or allow a Local debt collectionicon Agent to call on me.
    * You may not add further interesticon or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.

    I now require your confirmation that the £1.00 fee has been correctly credited as payment for my CCA request, or it should be returned to me.

    I await your response and will, if necessary, report your actions to the relevant authorities.

    YF,

    W H Turned"





    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  3. #3
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    davey77 Highly informative davey77 Highly informative davey77 Highly informative davey77 Highly informative davey77 Highly informative davey77 Highly informative davey77's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    South Devon
    Posts
    2,656

    Default Re: Mercers credit £1 CCA request fee to Barclaycard Account

    Any news on this one WHT? Had the same with Barclaysicon, £1 credited to account. I wrote directly to the complaints dept of Barclays and got the agreement very quickly afterwards.


    -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

    HFC Bank - Davey vs HFC
    Barclays - Monthly payments made
    Cahoot - Agreement received, awaiting 2nd agreement after DCA.
    MBNA1&2 -
    Agreements received. (Currently in limbo)
    Halifax - Davey vs Halifax/Cabot
    MINT - Davey vs Mint
    Amex
    - Davey vs Amex
    Cap1 **WON** £1,500 Written Off Davey vs Cap1



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE