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.
I signed up to this site to post this comment... Apologies if I'm reviving a dead thread here...
I got a letter from Mercers recently serving me with a "default notice" under s87 of the CCA, and advising that they are acting on behalf of Barclaycard. On the reverse of their letter it does state that if payment is not made within the specified limit, then I would be sent a formal demand by a debt collection agency and if that was not settled, then my details would be sent to a credit reference agency. I've also checked my Equifax Credit Report today and although the account shows a late payment, there is no record of a default - although the credit report may not be that up to date yet, as the letter was dated 12th Nov. The woman I spoke to on the phone was perfectly reasonable and, once I'd explained the situation, even refunded part of the outstanding amount.
I actually paid this card off back in July; I asked them to take a payment for the full outstanding amount and update my address (as I had recently moved). They took payment, but failed to mention or include the card protection renewal fee which had only gone out a day or two prior to my call. They also failed to notify me that cancelling the card would not cancel the card protection - I found out today that if it renews again next year, I'd have the same thing again. Barclaycard didn't update my address, so my statements were going to the old address - so the account has been unpaid since the end of July, with fees racking up each month, and with no way of me knowing about it. Anyway, they refunded the card protection fee and only asked me to make payment for part of the fees - paying the money wasn't a problem in the first place, it was the fact that Barclaycard screwed up massively.
The fact that they could see my entire account history and offer to refund over half of the debt would suggest that they are in fact just another part of Barclays - albeit with slightly more aggressive-sounding and intimidating methods of communication.
I'm going to keep a check on my credit file over the next few months and see if a default was actually registered against me.
I've moved your post into your own thread to avoid hijacking.
Because they messed up by not changing your address, write to BC and ask for copy statements to be sent to your new address.
If these show any penalty charges have been added, they can, and should, be reclaimed in full.
I'd also tell them you want the card protection to be refunded if this hasn't already been done. Tell them, if they fail to do this, you'll make a formal complaint to the ICO about their failure to protect your data (by sending it to the old address).
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.
blc -v- Barclaycard
agency and if that was not settled, then my details would be sent to a credit reference agency. I've also checked my Equifax Credit Report today and although the account shows a late payment, there is no record of a default - although the credit report may not be that up to date yet, as the letter was dated 12th Nov. The woman I spoke to on the phone was perfectly reasonable and, once I'd explained the situation, even refunded part of the outstanding amount.
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