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    • No DWP is in denial, the Errol Graham case has caused much concern   https://www.disabilitynewsservice.com/errol-graham-coroner-pledges-to-press-dwp-on-safeguarding-review/   Something is amiss with the procedures, Capita and the PIP Assessments seem to go against what a claimant's doctors say quite often, as do the UC Work Capability Assessments
    • oh don't you just love fleecers out to make a buck out of people they think are just mugs..
    • Useful link, BN.   The article mentions that the National Audit Office said that the DWP isn't learning anything from its mistakes.   HB
    • 1.     The Claimant claims £9,240.52 for monies due from the Defendant.   2.     This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company Limited.  Each agreement had an individual account number as follows: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.   3.     The Defendant failed to make payments as per the terms resulting in the agreement(s) being terminated.   Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s).   4.     The debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant.   A new master reference number xxxxxxxxxxxxx was also applied upon assignment.   5.     The Claimant has complied with the Pre-Action Protocol for Debt Claims   DEFENCE ……………...   The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.   1.     Paragraph 1 2 is noted and denied accepted . I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   2.     Paragraph 2 is noted and accepted.  I did take out 4 student loans with the Student Loans Company.   2.     Paragraph 3 is noted and denied.  The Defendant never agreed to make payments to the Claimant, terms of the original Student Loans Agreement have been adhered to and thus repayments of loans are not due.  The Claimant is put to strict proof that an agreement(s) to make payments was made and a breach of agreement(s) occurred.   Paragraph 3 is denied as The Defendant maintains that a default notices were never received. The Claimant is put to strict proof that default notices were issued to, and received by the Defendant    3. Paragraphs1 & 4 are denied.The annual income of the Defendant has never exceeded the published limits for deferral since graduating in XXXX. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.   4.      On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant, to which both have failed to respond to,  It is therefore denied with regards to the Defendant owing any monies to the Claimant;  the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to: (a)   Show how the Defendant has entered into an agreement(s) (b)  Show how the Defendant is in breach of agreement(s) (c)   Show why the Claimant has terminated agreement(s) show the nature of breach and service of Default Notices and subsequent Notice of Sums in Arrears in accordance with the Consumer  Credit Act (d)  Show how the Claimant has reached the amount claimed for and (e)   Show how the Claimant has the legal right, either under statute or equity to issue a claim.     5. On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant,  for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 requests and their solicitors, Drydens Limited, have refused my CPR 31.14 request.    6.     The Defendant has supplied the Claimant with a deferment letter and evidence every year that their income is below the threshold for repayments, by way of Royal Mail signed for and proof of postage has been kept. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.      7.     The Defendant has done everything required of them to qualify for deferment as per the original agreement(s) with The Student Loans company.  The Claimant has only once acknowledged a deferment letter on 16 September 2014 whereupon they granted their request to defer repayments for that year. 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 82 A of the consumer credit Act 1974.    8.The Defendant therefore fails to see how they are in breach of any agreement(s) and deny the Claimant's claim of £9,240.52 or any other sum, or relief of any kind. 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        ……………………………...   delete the red add the blue.    
    • Is this better?   In the Bristol Civic Justice Centre   Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx   Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS.   Brief details of claim Damages   Value £225   Particulars of claim 1. The Defendant is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Claimant is a Subject.     2. This claim is in relation to three breaches of the Data Protection Act (2018) by the Defendant. (a) Failure to comply with the statutory time limit. (b) The Defendants data disclosure was incomplete. (c) The Defendant sent the data to an address which was not the address of the      Claimant data Subject.    3. The Defendant has failed to comply with the statutory time limit and is therefore in breach of the Data Protection Act (2018). (a) On 09 January 2020, the Claimant made a request for to the Defendant for a statutory data disclosure.  The statutory timeframe for compliance was 10 February 2020.    4. The Defendants data disclosure is incomplete.  (a) The Defendant has provided data disclosure on 25 February 2020.  However, the data disclosure that has been provided by the Defendant is incomplete.    5. The Defendant sent the disclosure to an address that was not the Claimant’s. (a) The Claimant provided the Defendant with the correct address to send the Subject Access Request to on 10 January 2020 and again on 19 February 2020.      6. The Claimant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out.  The ICO has offered a preliminary view that the Defendant has breached their statutory duty in failing to comply with the statutory time limit.    7. By virtue of the Defendant’s failure to comply with the Subject Access Request the Claimant has suffered distress.
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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.

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:!: -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)

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MINT - Davey vs Mint

Amex - Davey vs Amex

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

 

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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.


 

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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.

 

:-)


We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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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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