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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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WormHasTurned

Can I be defaulted twice on same credit card account?

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Just under 2 years ago my Barclaycard went to Mercers, and I received a default notice on Mercers headed paper.

 

The account was then transferred back to Barclaycard.

 

I've been trying to keep up with the reduced payments (£50+ per month) they then agreed with no interest, but having been back to CCCS with my current situation they advise a £1 token payment at present. Things are due to improve once priority debts are paid off but this will take about 12 months, and I am now on a payscale ladder so things will improve next year.

 

Barclaycard have refused this offer and their previous letter said they would send a default notice if I didn't send the £50+ payment in 7 days, and will add interest again, their current letter says they will send a default letter if I don't contact them (no timescale given, but it is strongly implied that I telephone)

 

Can someone knowledgeable please advise the 'rules' and implications about a second default notice for the same account?

 

Thank you in advance.

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Guest Old_andrew2018

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did barclaycard default the account listed on your credit file two years ago

if they did and sold the account to mercers, mercers can default the account as they would have been sold the account. but mercers default must show the original default date that barclaycard placed on your credit file. if it is back in the hands of barclaycard, barclaycard cannot default again.

have you checked your credit file to see if a default has been registered.

if no default is showing come back for advice as once a default shows, its a pain to get removed.

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Don't think Mercers buy accounts from Barclays.

 

They are in fact owned by Barclays and work out of the same offices, just passing the parcel back and forth. I have a couple of Barc accounts, default notices from them and also have had notices from Mercers. They are not worth the paper they are printed on.

 

David

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About a month ago I sent a CCA request letter recorded delivery to Mercers together with a £1 postal order.

 

Just got my BC statement and the £1 has been credited to my account, and no sign yet of any response to my CCA request.

 

Did get a different letter about 10 days ago, from Mercers, not accepting my current offer of £x per month 'however we would be prepared to look at the matter again if you are willing to propose an increase in your offer to £xx per month...to discuss..please call us on within the next 7 days. If you do not comply with the above, a Local Debt Collection Agent may be asked to call upon you.

 

'Please note we will not consider any further offers of repayment that are below the amount we have requested above'.

 

It's crazy that they put CCCS and Payplan information on the back of their statements for people in financial difficulties, then when you go to those agencies and follow their advice about a repayment offer - BC/Mercers refuse to accept it.

 

Should I send the 'don't visit' template letter next?

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Hi WHT,

 

This is a very dodgy move on the part of the DCA although, as you've been paying them recently, it will not affect your situation. It would make a difference to a debt that was near or beyond 6 years old and would stop the debt being Statute Barred (where the DCA can no longer chase an older debt).

 

You should write to Mercers and say:-

 

"The £1.00 fee enclosed with my letter of date was in respect of my formal request for the Credit Agreement under the Consumer Credit Act 1974 (Sections 77−79) and you have no right whatsoever to credit it as a payment to my Barclaycard account.

 

You have already failed to respond within the 14 days allowed so the account is now formally IN DISPUTE. Accordingly:-

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not instruct or allow a Local Debt Collection Agent to call on me.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I now require your confirmation that the £1.00 fee has been correctly credited as payment for my CCA request, or it should be returned to me.

I await your response and will, if necessary, report your actions to the relevant authorities.

YF,

W H Turned"

 

 

 


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Any news on this one WHT? Had the same with Barclays, £1 credited to account. I wrote directly to the complaints dept of Barclays and got the agreement very quickly afterwards.

  • Haha 1

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I am repaying Barclaycard through a non-fee charging DMP. On checking my credit record the account is listed as Not Defaulted, worst status "6", currently "AP", and report until 6 years after account closure.

 

I have just found the default notice I was sent by Mercers in July 2008 "Default Notice served under section 87(i) of the Consumer Credit Act 1974". I was not able to pay the amount required by the default notice, and the Barclaycard statements after that show I made £1 monthly payments for a while.

 

I feel I ought to complain to Barclaycard that they didn't report the default correctly (as if they had it would have been off my credit file by now) but I am unsure of the best wording to use, or how I stand on this. The result I would like to see is the Barclaycard information gone forever from my credit report.

 

Thank you

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Barclays have been known to amend records when complaining.

I view this as a serious case where you will need to go high up the chain IMHO.

 

 

Although Mr jenkins has been fired, his Mailbox is still being monitored.


**Fko-Filee**

Receptaculum Ignis

 

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Hi WHT,

 

The "best wording to use" is short, simple and factual.

 

Something like :-

 

Mercers issued a Default Notice for this BC account in July 2008.

 

I have just checked my CRA files and note BC continues to report adverse data about the account.

 

Such reports should have stopped 6 years from when Mercers sent the default notice and I require that you instruct the CRA's to stop reporting on this account immediately.

 

Failure to do this will result in formal complaints to the ICO and the FOS, and/or a claim against BC for damages.

 

You can also complain to the CRA's that the data they are carrying is inaccurate and you require them to remove the data or post a notice of objection.

 

:-)


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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Gosh, thank you Mods for finding and merging the old thread. I'd forgotten about it. Time to get this one sorted.

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