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I've been reading these superb forums for a while now and it's about time I solicit some help too!
Here's a gist of what has transpired since Sep 2008 when I started this process.
1. Sent first CCA request in Sep 2008
2. Sent reminder request in Oct 2008
3. Sent another reminder in Nov 2008.
4. Received Barclaycard terms and conditions documents in Dec 2008.
5. Wrote to them in Jan 2009 stating that these do not constitute a true copy of the credit agreement.
6. Sent an SAR in Jan 2009
7. Received the standard drivel letter from Barclaycard about it being a copy, etc.
8. In Feb 2009, I received statements of my account dating back to the past 6 years and nothing in relation to my credit agreement. This was their response to the SAR. They signed off saying that this is all the information they hold on me.
9. They subsequently passed it onto Mercers, who have pretty much hassled me since. Sent them a duplicate CCA.
10. This week, Mercers have sent me a default notice and give me until 1st of April to pay them around 10% of the outstanding debt.
11. I complained to the Information Commissioner this morning about non-compliance.
In lieu of the above, can you kindly suggest what I can do next please?
Mercers are the "in house" Collection agents for Barclaycard. Are you able to scan the Default Notice and upload to your thread. You can use photobucket. Remove any personal information first. It is very likely that there are errors on the DN making it invalid. We will only be able to say for sure if we see it.
Any future correspondence you send to either Barclay card or Mercers, use the reference number that the ICO give you. If you have only sent your complaint in to them today, then you will probably have to wait a few days before you get a reference, although you could phone them for that.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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.
Hi slick...yes, there are unlawful penalty charges on my BC a/c. However, I haven't claimed them back as yet on the understanding that claiming them would amount to an act of admission that the alleged debt exists, etc. Not sure if claiming charges back while going down this CCA/SAR/CPR route would jeopardize its progress in any way. I gather that in the likelihood of me offering them an offer of Full and final settlement, I can take into account all these charges and deduct them accordingly.
Originally Posted by slick132
Hi Gaanja,
Are there unlawful penalty charges on your BC a/c.
If so, these alone will render the DN invalid.
Have you looked into reclaiming such penalty charges as BC will repay them quite readily in most cases.
The company issuing the DN must allow 14 days clear for remedy. They must also figure in either 2 days for 1st class mailing or 4 days 2nd class mailing. (not including the weekend)
Did you keep the envelope and what method used to post ?
This is dated 15th March (a Sunday) with a remedy date of 1st April. You received it yesterday which was the 19th, yes ?
So in that respect, I think it is invalid
You also say there are charges included in the total again making it invalid.
I am not sure, if Mercers are allowed to issue the Default notice as they are not the owner of the debt. I will ask someone with more knowledge to comment on that point. Which is why I have highlighted this paragraph
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
The dates are spot on, 15th March 2009 was a sunday, two days for service gives mon & tues then 14 days = 31st March.
PmW
It wouldnt have gone in the post until Monday, so surely that would be Tuesday and Wednesday for the post allowance, always assuming it was sent 1st class of course. Sadly the OP has disposed of the envelope
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Or do I combine them both and send it as one letter to Mercers? I noticed that they have underlined and made bold a few words as per the guidelines for a default notice.
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.
An update. Last week, received a letter from Calder Financial, which had the same address as Mercers. Guess they all are different names for their in-house collection agencies? They were threatening me with legal action and I sent them a CPR. Waiting for their response now.
gaanja v Barclaycard
documents in Dec 2008.
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Originally Posted by slick132
Sadly the OP has disposed of the envelope