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.
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.
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.
The documents they sent all look like t and c's but one of them does have my name and address at the very top. I'm guessing it was something they printed out at my cca request, not something they held on my file because it is certainly not something I have ever signed.
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.
I have edited the copy on photobucket to show a black blob where my detail were. It is on page 5 of 7.
Can I not reply in the thanks for your response but t and c's do not constitute an enforceable agreement so I consider it in dispute letter that I have read on here somewhere?
BC will maintain that they've fulfilled their obligations and that they're entitled to continue to pursue the alleged debt. They'll press for payment and use Mercers and others to do the same.
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.
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.
Are BC allowed to get Mercers to send the DN before they have closed the account? I know Mercers are part of BC but I can't see that on the letter anywhere.
I think the dates work out ok but not really sure of other reasons for defective DN so could someone please advise?
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.
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.
Are BC allowed to get Mercers to send the DN before they have closed the account? I know Mercers are part of BC but I can't see that on the letter anywhere.
I think the dates work out ok but not really sure of other reasons for defective DN so could someone please advise?
many thanks
CC68
Cupcake... In my opinion the default notice is faulty for three reasons....
1) No allowance for service, sent on a Thurs(28th) two working days for service(1st class post) takes you to 14th but as its 14 clear days required it should be the 15th they give you up to.
2) No address for the original lender as they are defaulting you on behalf of the OC
3) Prescribed words not in the correct format, need to stand out from all the other text, usually upper case/bold and underlined.
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.
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.
So the fact that I have only received the DN from Mercers is incorrect? Will they not just claim that they are one of the same?
(I am asking this because we have 5 Barclaycard acc between us and we have had DN's for each one but all from Mercers and I was originally under the impression that they were not defective so this would be great news!)
So the fact that I have only received the DN from Mercers is incorrect? Will they not just claim that they are one of the same?
(I am asking this because we have 5 Barclaycard acc between us and we have had DN's for each one but all from Mercers and I was originally under the impression that they were not defective so this would be great news!)
CC68
Ps Thanks for the link!
Cupcake.
taken from consumer credit enforcement default and termination notices & regulations 1983... the default notice must contain:
Parties to agreement
2
(1) The name and a postal address of the creditor or owner.
(2) The name and a postal address of the debtor or hirer.
As Mercers are stating they are working on behalf of their client Barclays they are neither the owner or the creditor in my humble opinion.
[Emphasized the word their as its what they claim]
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.
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Originally Posted by cupcake68
