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.
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 collection 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?
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 years 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 collection Agent to call on me.
* You may not add further interest 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.
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.
Re: Mercers credit £1 CCA request fee to Barclaycard Account
Any news on this one WHT? Had the same with Barclays, £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