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Unitedfan

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  1. Hello I sent the letter above to 1st Credit and also asked Mercers for a NOA. I quickly received reply from 1st Credit saying: 'the letter we sent on such a date clearly defines this debt has been assigned to ourselves from Barclaycard. The account was sold to us and we are unaware of any dispute you have with our client. We will contact them for their comments' I file all letters from these people and I didn't receive this letter. Mercers have not replied to the above letter (my NOA request was sent to mercers and not barclaycard - should i send it addressed to barclaycard) Firstly, should Barclaycard/mercers not have sent me an NOA Shouldn't such a letter be recorded/special delivery. If so I should cease any further contact with 1st Credit until I have a valid NOA from both them and BC? or, do I reply to 1st credit to let them know I have not received a recorded delivery NOA. Or is this not ammunition for me at a later stage - 'I didn't get that letter judge!' Either way I should have something from BC/Mercers shouldn't I? From what i've read I have the above information correct, but i'm still learning so any reassurance would be most welcome. Thanks in advance.
  2. Hi Guys I just wanted to post this before I sent it. It's basically a copy of CCM's letter with additional NOA stuff I found from another excellent thread. The last line was added cos they said something to me on their last letter. Let me know if it's best not to add this! Is the letter a bit too much or is it ok. CCM - maybe just the NOA request would suffice or is this ok. Thanks again. "I refer to your letter of xxxxxxx, I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Mercers and has been since xxxxxxxx. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. My letter to Mercers in xxxxxxx outlined the fact that the documents they had sent to me do not conform to the Consumer Credit Act 1974, and to date I have received nothing further to remedy this. As Mercers are now in default of my Consumer Credit Act request, and OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Now I would respectfully suggest that this account is returned to the Mercers for resolution of these defaults and breaches, as 1st Credit cannot lawfully pursue any enforcement activities. If 1st Credit chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines. Furthermore, if you do wish to be party to future litigation, please send me the details of your Notice of Agreement to me, and please detail the date of the original registered/special delivery of this document. Let me point out the following: In the absence of a valid executed assignment of the account I would raise contest as to your lawful entitlement to any benefit under an assignment which has not been made effectual in law. Any collections activity conducted by 1st Credit on this account is unlawful since you do not hold title without a valid Notice of Agreement. For the purposes of any litigation whether under the Data Protection Act 1998 I register the date of this letter as the time at which I first became aware that 1st Credit do not have legal title to claim benefit under an assigned account and that any collections activity or data processing in the capacity of data controller 1st Credit have undertaken is, in the absence of a legally executed document unlawful. Until such time as a valid Notice of Agreement is received by myself that the perpetuation of any such behaviour by1st Credit will also be unlawful. The law upholds that the assignment only becomes valid from the date upon which a valid notice is served so the rights under the assignment no matter how lawfully executed eventually can not be claimed retrospectively. Thus, serving a valid Notice of Agreement upon me now does in no way justify or make lawful any action conducted by 1st Credit against myself prior to the date of such notice. I would strongly recommend you take advice from your legal department, regarding the above, before you choose to continue enforcement action."
  3. Ok. Thanks guys. I will send appropriate letters and let you know what I get back.
  4. Thanks again for your advice. I can't find a template for this, does it have to be worded a certain way. Does anyone have a copy of this letter they have sent previously? Lets say 1st Credit take me to court and they, or Barclays/Mercers have not sent the Notice of Assignment by recorded/special delivery. Surely this would be good for my defence, no? Thanks for any help.
  5. Hello again, It's been quite a while since anything happened with this, then out of the blue came a letter from 1st Credit (i've heard they're quite on the ball, is this right?) that said they have been assigned the whole debt and the outstanding amount is due to them immediately. Very soon after I received a further letter from 1st Credit which states they are considering legal action. If this happens you will have extra legal costs, difficulty for you to obtain further credit blah blah blah! But the next paragraph did worry me: "We have recently obtained information from HM Land Registry to which suggests you have an interest in the above property. Should you not respond to this letter we will pass your account to our solicitors to advise whether we should seek a County Court Judgement against you and seek to enforce this by way of a Final Charging order or seek an order that you be declared bankrupt. Should we succeed in obtaining a Final Charging Order we could apply to the court for an Order for Sale of your property. We would strongly recommend that you seek legal advice if you require further informatikon regarding the implicationsof a charging order or Bankruptcy." I'm standing by the fact that I don't think they sent me a proper enforceable agreement, but i'm not sure what to do now. I've recently heard about this tactic from creditors, but how likely is it to get that far? My partner has seen the above letter and she is not familiar with this forum, so you can imagine how worried she is right now. I know this looks like it will go all the way and i'm ok with that (some other caggers' defences are quite impressive and that has filled me with confidence) but the mention of my house obviously does worry me. I'm just hoping someone can reply to reassure me! If anyone knows the response to this letter, or has had dealings with 1st Credit please advise. Any help is definately most welcome. Cheers UF
  6. thanks godmother can you remind me, is there not a 12 day limit thing where they have to provide the cca, and is it so many days after that where they are committing an offence? I can't find the thread where I read something about this! It's ineresting how each comapny reacts differently. Mercers sent me an application form and a standard copy of terms and conditions, then said this was sufficient by law. Moorcroft say 'sorry we can't find it yet' - Are Barclays/Mercers just trained to be more forceful. It's just such a different tactic from 2 companies who do the same thing?
  7. Hi I have another thread going but this is for a member of my family who i told to send a credit agreement request to Moorcroft. Anyway, template letter N was sent to Moorcroft for a debt that is years old. He's been steadily paying it until I told him about letter N. The reply came after 10 days and he got worried, but (after reading lots on this forum) I thought this was a bit laughable and it's just them fumbling. I havn't got a scanner so i'm just gonna quote it below: "I refer to your recent correspondence. We are continuing to seek to obtain a copy of the Consumer Credit Agreement that you have requested. Our systems provide for reviews to be sent to our client on a regular basis and this we are continuing to do. I will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the account has been placed on hold and that we will not seek to enforce the debt until such time as the agreement is obtained. In the meantime however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account. Please could you provide this information by return. W believe tha this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level. I thank you for your assistance and patience in this matter" I'm no expert but it this a load of rubbish? I've sent 2 CCA requests myself, one company admitted they could not supply it and the other was Barclays/Mercers (ongoing) who sent me the usual application form nonsense. The response above seems to admit they don't have it. it's even friendly in it's tone. My family member was still worried after receiving this but I said don't worry - i'm sure i'm right in saying that? Has anyone had a similar response from Moorcroft before? I'm sure the next letter to them should be something like 'Stop waisting my time, I don't recognise any debt to you' But any help in wording a good response letter would be appreciated. Cheers
  8. That's brill, thanks I'll be posting it tomorrow and i'll let you know what they say.
  9. Thanks CCM. Missed your last one, I think we were posting at the same time. Anyway I would appreciate if you could post your letter as well. Cheers
  10. Just found the following on another thread when I did a search for Debt Managers Ltd: "Dear Sir I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974 (change this to s.77 (1) for fixed sum credit such as loans etc). 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. You are notified that you are obliged to supply these documents, whether or not you are the original creditor, under s.189 of the Consumer Credit Act 1974. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours faithfully" Sounds good to me! I can also add that the default I was sent by Mercers was not correct (in bold/capitals etc) Or is there a better letter out there?
  11. Just going back to the 1st letter they sent last week, they say they act as agents for Barclaycard, but I should now pay Debt Managers. Not sure if this means it has been sold or not. Certainly no Notice of Assignment or anything like that. The last letter from Mercers said they may sell it and this is just the next letter I got. They also say they are going to start charging interest again on the outstanding balance at the rate of 1% per month. Maybe they don't have a clue about the previous letters I sent to Mercers? I'm thinking i'll write to them and let them know where I stand. Any suggestions for how I should word it? I've read through your defence CCM, (which sounds great -good luck) As my whole process seems to have been the same as yours I will definately refer to it when I get to that point. But where I am now shall I send these Debt Manager ****s a particularly worded letter or just leave it. I'm getting into writing letters that sound like they come from a solicitor! Thanks again.
  12. Hello again, My debt appears to have been sold now, to Debt Managers Ltd based in Edinburgh. They have sent me 2 letters in quick succession. The 2nd saying they will be preparing court papers in 7 days. I presume they have all the previous paperwork now, or maybe not? Do I need to write them a letter about me disputing the debt cos of the credit agreement. Something along the lines of 'I've already told Mercers, now i'll tell you......... - is there a template anywhere for this? Or shall I just leave them to it and wait for the court papers? I thought if I at least contacted them to confirm my position, this might sit well with the judge, if we get to that. Is the judge bothered if I have ignored them at this stage? Cheers for any help.
  13. Hi CCM Sounds good. As you know I am close to this situation, i will be referring back to this thread when I sort my defense. If only ALL credit card customers knew about this forum. A lot of less worried citizens I think! Spread the word! Thanks again.
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