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debt with mercers - help needed


Unitedfan
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Hi.

 

Only my second claim - please bare with me.

 

Apologies if this situation is covered many times before, but i'm quite new to this forum. My debt is with Barclaycard and has recently been passed to Mercers, who I believe are the inhouse collectors for Barclays. I sent a letter detailing my situation and offer of repayment to both Barclays and Mercers. The last letter was from Mercers who said they do not accept my offer as it is too low. They will be sending me a default notice under section 87(i) of the Consumer Credit Act 1974 and they will start charging interest again at the current standard rate. I am at the point where I am waiting for a court judgement, as I just cannot afford what they want. I stopped answering the phone to them a while ago as I would like to just send letters, but they have previously said they will send someone for doorstop collections - I did find a thread which says they cannot do this without making an appointment with me?

 

If anyone has experience with this situation please can you help me with the following questions:

 

- when does a default proceed to a ccj? (at least with a ccj I will know where I stand for future payments and the interest will stop)

 

- are they able to just keep adding interest and if so, for how long?

 

- is it only when it gets to the court stage that they have to accept my offer?

 

- are they able to just show up at my door?

 

- shall i just wait for their next letter, or is there anything else I can say to them which will help my cause?

 

 

Any advice would be greatly appreciated.

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Hi.

 

Only my second claim - please bare with me.

 

Apologies if this situation is covered many times before, but i'm quite new to this forum. My debt is with Barclaycard and has recently been passed to Mercers, who I believe are the inhouse collectors for Barclays. I sent a letter detailing my situation and offer of repayment to both Barclays and Mercers. The last letter was from Mercers who said they do not accept my offer as it is too low. They will be sending me a default notice under section 87(i) of the Consumer Credit Act 1974 and they will start charging interest again at the current standard rate. I am at the point where I am waiting for a court judgement, as I just cannot afford what they want. I stopped answering the phone to them a while ago as I would like to just send letters, but they have previously said they will send someone for doorstop collections - I did find a thread which says they cannot do this without making an appointment with me?

 

If anyone has experience with this situation please can you help me with the following questions:

 

- when does a default proceed to a ccj? (at least with a ccj I will know where I stand for future payments and the interest will stop)

 

- are they able to just keep adding interest and if so, for how long?

 

- is it only when it gets to the court stage that they have to accept my offer?

 

- are they able to just show up at my door?

 

- shall i just wait for their next letter, or is there anything else I can say to them which will help my cause?

 

 

Any advice would be greatly appreciated.

 

Hi there

 

Mercers are great, as far as i know, they have yet to issue a valid default notice bless them

 

ive helped a few people with court claims and each default from mercers i have seen has been horribly flawed

 

Have you sent a request for your credit agreement yet? this would be the first step to consider

 

 

Can you tell me when you took out the account and how you opened the account? its quite important to know this

 

 

the thing is, this is something which we can work on and to be honest, its a while yet before they would take legal action

 

plus, a CCJ is only obtained once they have taken you to court, won and you don't pay within 28 days then it becomes a CCJ.

 

im fairly certain that wont happen;)

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that was quick - cheers!

i got the barclaycard about end of 2004 and went over the limit end 2006. the account was opened through a form from the bank - i didn't bank with them but my partner had just got one so i applied also, and received confirmation a couple of weeks later. i'll next ask for a copy of my agreement - what do i need to look for in the agreement exactly?

 

thanks again

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Hi there

there is a set out procedure for obtaining a copy of your credit agreement

 

There is a template letter to be found here:http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.they have 12 working days to supply you a copy of the agreement

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

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that was quick - cheers!

i got the barclaycard about end of 2004 and went over the limit end 2006. the account was opened through a form from the bank - i didn't bank with them but my partner had just got one so i applied also, and received confirmation a couple of weeks later. i'll next ask for a copy of my agreement - what do i need to look for in the agreement exactly?

 

thanks again

 

Dont worry about the agreement at this point, when you get it or should i say if

 

post a copy on here removing your personal details first, we will then look over it for you and give you an opinion on the agreement and point out any flaws contained within it

 

Regards

paul

  • Haha 1
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thanks mate, sounds good to me. i'll send the letter and post any updates.

 

do i send this to the barclays customer service address or the Mercers address?

 

also - "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" - obviously I do! - is this just to make sure they look at it quickly?

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oh and i forgot one very important thing

 

you need to include a payment of £1.00 ,in the form of a postal order ideally

 

and also DO NOT SIGN THE LETTER merely PRINT your name in capitals

 

there is no legal requirement to sign a letter

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thanks mate, sounds good to me. i'll send the letter and post any updates.

 

do i send this to the barclays customer service address or the Mercers address?

 

also - "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" - obviously I do! - is this just to make sure they look at it quickly?

 

 

Hi

just wanted to confirm the above. I think you were sending yours when i was sending mine.

 

Thanks again for your help

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Hi ,

 

really its up to you, i never include it personally but its something that lots of people insist upon

 

the fact is that the law says that if they dont have a credit agreement or one that has the certain terms within it then they cannot do diddly squat to enforce it and the courts have held this to be the case

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Hiya Unitedfan,

 

You need to send the letter to Mercers. ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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:D No probs.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 3 weeks later...

Hello again

 

they have sent the credit agreement. Looking at the papers and reading other posts, it does look like they have sent my original application, with a covering letter showing credit limit etc. I have scanned and attached the papers. Not sure if the images are too small to make it all out?

 

If anybody could have a look and let me know what to do next I would appreciate it.

 

Thanks

barc1.jpg

barc2.jpg

barc4.jpg

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Hi Unitedfan,

 

'Fraid the images are too small and can't be read.

 

Check out the guide here - "How do I...?" A Dummies' Guide to this Forum

 

Or post on Photobucket and post a link to the doc't here on your thread. See post 15 in the "How do I...." thread.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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Hi

 

Thanks for that - I uploaded to photobucket and the links are below. I only just noticed that above my signature it does mention credit agreement. Does this make it valid?

 

 

 

any help is appreciated.

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hi

 

here are the images. can anybody tell me if this is an enforceable credit agreement.

 

Thanks

 

http://i285.photobucket.com/albums/ll47/unitedfan_bucket/barc5.jpg

http://i285.photobucket.com/albums/ll47/unitedfan_bucket/barc2.jpg

http://i285.photobucket.com/albums/ll47/unitedfan_bucket/barc4.jpg

 

Also I sent the letter about only wishing to correspond by mail as they have been ringing twice a day. They still continue to ring at least once every day - I don't answer it but I save the voicemail. If they continue with the harassment do I actually report them or what?

 

 

Thanks again.

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hi

 

here are the images. can anybody tell me if this is an enforceable credit agreement.

 

Thanks

 

http://i285.photobucket.com/albums/ll47/unitedfan_bucket/barc5.jpg

http://i285.photobucket.com/albums/ll47/unitedfan_bucket/barc2.jpg

http://i285.photobucket.com/albums/ll47/unitedfan_bucket/barc4.jpg

 

Also I sent the letter about only wishing to correspond by mail as they have been ringing twice a day. They still continue to ring at least once every day - I don't answer it but I save the voicemail. If they continue with the harassment do I actually report them or what?

 

 

Thanks again.

Hi there

 

im afraid i cant read the agreement thats signed so i cant see if the prescribed terms are in there or not,

 

that will make it difficult to give an answer either way

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HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 3 months later...

Hello again.

 

Sorry for the long thread here, but if anyone has time to go through it and offer any advice it would be appreciated.

 

I have been told that the credit agreement is not valid and I have been reading through other threads and i'm quite sure that is the case.

 

I don't have access to a scanner at the moment but if we need to make sure I will try and post them again when I can get to a scanner.

Going off the advice that their 'credit agreement' was rubbish I sent them the following letter saying the account is in dispute:

 

Dear sirs,

 

Account number : ..................

 

Re: my request under the Consumer Credit Act 1974

 

 

I note that you are acting as agents to Barclaycard therefore I draw your attention to the facts below.

 

This account is in Dispute .

 

Recently I wrote to you requesting that Mercers supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

 

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified

demands for payment

 

In addition to the above, I note you have recently sent me a Default Notice under S87 (1) Consumer Credit Act 1974. I am sure you are aware a Default Notice is needed before a creditor can terminate the agreement or demand repayment. However the default must be accurate and comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561). The document purporting to be a Statutory Default Notice does not comply with the requirements of regulation 2(2) SI 1983/1561 and schedule 2 of the same document for the following reasons

 

Firstly, the document does not state the name and postal address of the creditor. I note that your address is present; you are not the creditor under this agreement. Also the document does not sufficiently state the nature of the breach and term of the agreement, which has been breached. Also the statutory terms, which are required to be capitalized, are not

 

For example

 

“IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH ”

 

Or

 

“IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]”.

 

However on your Default Notice these statements are shown in lower case and therefore not in compliance with the Consumer credit Act 1974 or the regulations referred to above

 

There is a body of case law, which has confirms that where a statutory default notice issued under section 87(1) not compliant with the Consumer Credit Act 1974 and the subsequent Regulations it does not allow a creditor to terminate the agreement or demand repayment etc. In addition your attention is drawn to the fact that Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful termination of contract which would not only prevent a court enforcing any alleged debt, but give me a counter claim for damages via the ruling in the case of Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

Therefore you would be rather foolish to attempt to add any adverse data to my credit file while this account is subject to a Serious Dispute

As it stands, the document supplied is not a valid credit agreement nor is it enforceable by any court

 

 

What I Require

 

 

Firstly, I require all correspondence in writing from here on; any persistent attempts to contact me by phone, or threats of a debt collector calling at my home, will be reported to Trading Standards.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

I received a reply from Barclaycard saying they have fulfilled the request for a credit agreement:

 

"Credit card agreements are regulated by Section 78 of the Consumer Act 1974. Section 78of this act clearly determines a creditro only need supply a debtor a copy of the executed agreement, and a signed statement showing information which is practicable to refer. These issues have been interpreted recently in the High Court of Justice. It was confirmed that executed agreements are the terms and conditions that are sent to debtors when they received their credit card. This is what you have been supplied with.

Regarding a signed statement showing information which is practicable to refer, the letter which you received with your executed agreement, dated 18th March 2008 fulfils this obligation. This confirms that what we have supplied you, fulfils the Bank's obligation under Section 78"

 

They go on about my application form etc. When I can get to a scanner I will post the letter so you can have a full read of it.

 

A few days later I receive another letter, this time from Mercers saying they are returning the debt to Barclaycard. "Barclaycard have informed us that as we have not been able to arrange a satisfactory repayment on this account they intend to sell this debt" Along with 'please phone today, this is your last chance' etc

 

The questions I have are as follows:

 

1. Regarding the signed letter I received on 18th March 2008 which shows my credit limit and a squiggle of a signature from someone in the Legal and regulatory Compliance Dept, should they not have given me this with my original application and not several years later when I say the account is in dispute?

 

2. Shall I respond to Mercers or just let Barclaycard sell on the debt?

 

3. Would the debt be sold for a small fraction of the outstanding balance?

 

Also I recently found the default notice they sent me, which I through I had lost. I have been reading what is required on a default notice.

 

They do have:

 

'If the action required by this notice is taken before the date shown on this notice........

 

and

 

If you do not take the action required by this notice before the date shown...........

 

I just wanted to be clear about this as I have read contrasting views on it. Do the prescribed terms say this part of the letter have to be in bold AND capital letters or do they say it has to be in bold OR capital letters.

 

 

 

Any help would be appreciated.

 

Thanks.

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More importantly look at the date on the DN, then the date you have to remedy by, how many days does it give you?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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The default notice was issued back in February by the way, i've only just dug it out of my drawer. Shortly after this they refused my offer of payment so I then requested my credit agreement.

 

 

Thanks

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