debt with mercers - help needed

[creditcardmug]

Hey united see my thread here, i bet youve got the same DN as i have

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/152183-barclaycard-lewis-cl-finance.html

[Unitedfan]

Hi ccm

 

You're right, it's exactly the same.

 

So would your advice be to wait for the court stage, submit a defence and hope they discontinue?

 

I'm happy to take it as far as possible after all the harassment they gave me.

[creditcardmug]

Hi ccm

 

You're right, it's exactly the same.

 

So would your advice be to wait for the court stage, submit a defence and hope they discontinue?

 

I'm happy to take it as far as possible after all the harassment they gave me.

 

Yes well i don't see what else we can do, i've argued with them until blue in face, and they aren't interested.

One thing about the DN, "before the date shown on this notice" etc , should be in bold to comply and its not. also in your defence you would put them to strict proof that they sent it and that it complied with the CCA

[Unitedfan]

One thing about the DN, "before the date shown on this notice" etc , should be in bold to comply and its not.

That part is actually in bold, so i'm not sure if I can use it. It is not in capitals if that makes a difference.

 

I was just wondering with them saying the cca actually does comply and the same week them letting me know they will sell the debt, should I contact them at all, even if it is just to say I do not agree and I will fight the debt all the way!

 

 

Thanks

[creditcardmug]

That part is actually in bold, so i'm not sure if I can use it. It is not in capitals if that makes a difference.

 

I was just wondering with them saying the cca actually does comply and the same week them letting me know they will sell the debt, should I contact them at all, even if it is just to say I do not agree and I will fight the debt all the way!

 

 

Thanks

 

It has to be in bold caps and underlined, but i wouldnt let them know this, you dont want to give them ammo if it should come to a court case.

The thing here is that they should know better than you what they have to do to comply with all these things, its not for you to do their job for them.

You will find as time goes on that all this is a game of tactics, I mean it is real, but still played out like a game, hope that makes some sense

[lickthewallfatboy]

I asked for 2 B/Card CCA's back in February,and I'm still waiting!!

 

Mercers are a totally witless shower,it has to be said.....

[Unitedfan]

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.

[creditcardmug]

You say "sold", do you have Notices of Assignment from both Barclaycard and Debt Managers, because you should have been provided with these, if so does it sat either Equitable or Absolute on them?

[Unitedfan]

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.

[creditcardmug]

Ive got a particularly nasty letter on my other pc , bump yhis tomorrow and ill post it regards

[Unitedfan]

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?

[Unitedfan]

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

[palomino]

Your item 3 isn't covered by the Consumer Credit Act.

 

In any case you should receive a Notice of Assignment, not the deed (which is between the seller and purchaser of the debt). This aspect is covered by the Property Act, although the intimate details escape me for the moment.

[creditcardmug]

Heres a letter for the new DCA, saying its still in dispute with the OC,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Your Reference:

 

I refer to your letter of DATE, 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 xxxxxxxxxxx and has been since DATE.

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 dated xxxxxxxxxx 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 xxxxxxxxxxxx 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 xxxxxxxxxx for resolution of these defaults and breaches, as xxxxxxxxxxxx Ltd cannot lawfully pursue any enforcement activities.

If xxxxxxxxxxxxxxx Ltd 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

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing, as this is the only method by which I am prepared to respond.

Yours faithfully

[creditcardmug]

That letter in post 36 isnt very good as point 3 is wrong as palomino says, also theres no criminal offence anymore

[Unitedfan]

That's brill, thanks

 

I'll be posting it tomorrow and i'll let you know what they say.

[Unitedfan]

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

[creditcardmug]

Hi, 1st credit can particularly nasty to deal with, as you will see if you read the numerous threads concerning them.

 

The threats in their letter are designed to frighten you/get you to phone so they can pile on further pressure

 

The first thing you need to establish is whether 1st actually own the debt....to that end you need a Notice of Assignment from both barclays and 1st, and you need to know whether its an equitable or absolute assignment, i.e. are 1st acting as debt collectors, or has it been sold to them

 

Write to them both requiring this

[Unitedfan]

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.

[bazaar]

You could also re send the letter CCM did for you in post 39.

Just state also that the account has been in default with the original lender since June 2008 (Put excat dates)

Also add that if they wish to be party to future litigation, please send you the details of their NOA to you, specifically ask for dates of posting by registered mail etc.

If they dont respond correctly, you may wish to go for CPR disclosure.

its up to you

[creditcardmug]

You could send the letter in post 39, but you really want to know WHO now owns this alleged debt now, LEGALLY, before you can do anything else.

 

Im not aware of a template, but, " please can you provide a Notice of assignment", to the effect that this account has been transferred to first credit, and indicate whether this assignment is equitable or absolute".

 

Send a similar one to 1st

 

Please Can you provide a Notice of Assignment to the effect that this account has been transferred to first credit, and indicate whether this assignment is equitable or absolute.

 

Or words to that effect

[Unitedfan]

Ok. Thanks guys. I will send appropriate letters and let you know what I get back.

[Unitedfan]

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."

 

 

[Unitedfan]

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.

[Unitedfan]

bump