mercers, barclaycard and charging orders

[tosh1]

Hi

 

I owe money to barclaycard/mercers. I do have a mortgage which has equity. Can barclaycard/mercers issue a charging order?

 

Tosh1

[saintly_1]

I'm sure that to issue a charging order they must first have obtained a CCJ against you.

 

 

saint

[tosh1]

I Have Not Yet Applied For A Cca. Can Someone Please Send Me A Template.

 

What Is A Cca?

[maroondevo52]

Hi, Tosh.

 

Some info on the CCA............

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

Letter 'N' in the 'link' is the CCA request.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send this with a £1 Postal Order, and don't sign the letter.

 

Regards.

 

Scott.

[tosh1]

Ive Not Had A CCJ Yet.

 

I Have Have Been Dealing Mercers, But They Ave Unfortunatly 'lost' One Payment made by phone and I Have Written To Them Asking For All Correspondance Now To Be Completed In Writing.

 

I Have also written To Them Asking Them To Find The Missing Payment and offered a payment plan as well As A To Issue Me With A Reply To My Offer Of Payment. They Have Not Written Back Yet, To Any Of Replies!!!!!!!!

 

Earlier this month I Have Written To Them And Made A Token Payment As I Have Not Heard From Them But All They Keep Doing Is Issuing Me With Statements.

Edited September 13, 2008 by tosh1

[maroondevo52]

Hi, Tosh.

 

Are there any charges on the account you could re-claim ?

 

Here's some info on Charging Orders.

 

Debt Factsheets - Charging orders in the county court

 

Regards.

 

Scott.

[tosh1]

I Don't Know? If I Ask For An S.a.r As Well As A Cca Would That Help?

[maroondevo52]

Yes, send the OC a SAR

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

and the DCA the CCA.

 

Regards.

 

Scott.

[tosh1]

i will post the cca today.

 

Got my first text message from Mercers

 

'your barclaycard is now being managed by Mercers Debt Collections. Call now on 0844 8222 006'

 

I have asked them to write to me instead!

[tosh1]

Hi

 

I have posted the cca request unsigned. I did however write letters to Mercers prior to this that I did sign. Have I messed up?

 

Tosh

[citizenB]

Hi

 

I have posted the cca request unsigned. I did however write letters to Mercers prior to this that I did sign. Have I messed up?

 

Tosh

 

Tosh, I wouldnt worry too much that you have signed previous letters. Just dont sign any more Unfortunately you might have to sign the S.A.R - (Subject Access Request) letter, try to make it as different as possible from your normal signature whilst still leaving it the same. Perhaps put an extra squiggle somewhere. Then photocopy the signed page of your letter so you will know it again should it turn up on any document produced by a DCA

 

Chances are that any letter you have previously sent has ended up in the shredder. DCAs tend only to keep letters if they are of benefit to them. IE you have in error offered a sum you cant afford to get them off your back and then failed to pay.

 

It is also in your interests to at the very minimum to get a Proof of Posting which is free of charge from the post office. Your CCA and SAR requests should at the very least have been sent by Recorded Delivery, if you can afford it then possibly Special Delivery. Keep the receipts you are given and staple them to your copy of the letter. After a few days, check on the Royal Mail Website to see if/when they have been delivered and print a copy of the proof of receipt that is displayed.

 

HTH:-D

[tosh1]

I have received a letter from Mercers dated the 11/09/08 telling me that they have found the missing payment but cannot except my offer but need me to call them or they may send a local debt cllector. I have already sent a cca request by special delivery (£4.60) to them on Monday and am awaiting a responce. They should have received te cca by now. Shall I send them another letter regarding the CCA?

[citizenB]

Eeek, you sent the CCA request by SD ?. You could have sent it by Recorded delivery, never mind. Did you send the SAR ?

 

If you sent it SD on Monday, then they should have received it on Tuesday. You can check that on the Royal Mail Website. Just pop in the reference number on the post office receipt. You dont have to send them another letter just yet. Give them 12 days to see if they come up with anything.

 

You are best off not telephoning them. There is a letter you can send that advises you would like all communication in writing. I will find it for you and post the link.

[citizenB]

Here you go tosh. There is a letter in post 67 of the link below that you will be able to adapt to suit .

 

 

http://www.consumeractiongroup.co.uk/forum/mbna/116833-mbna-letter-world-record-4.html#post1717462

Edited September 17, 2008 by citizenB

[JR1]

Hi Tosh1

 

Are you aware of the new petition for charging orders

[tosh1]

while you are waiting for the cca are they allowed to charge you interest?

[tosh1]

I am still waiting to hear from mercers regarding the cca, I know it's only been 8 days, but should i keep making a token payment in the meantime?

[citizenB]

tosh, it is usually a good idea to continue token payments until you receive the document requested under CCA 1974. Once you have received it and established whether it is enforceable or not then you need to make a decision what outcome you want.

 

IF it is unenforceable, this puts you in a stronger position regarding making a F&F settlement or agreeing token payments that are affordable.

[tosh1]

Hi Citizen B

 

Is there a new regulation that Mercers or any other DCA, if they don't send you the CCA they are not commiting a criminal offence?

[saintly_1]

The 30days summary criminal offence was repealed earlier this year

[tosh1]

I have already sent a request for a CCA and today is the 9th working day. What happens if they don't send it to me after the 12 days are up and then the 30 days?

[saintly_1]

After 12 +2 they are then in default ........ the 30 days no longer comes into it as this was repealed earlier this year

[tosh1]

Today is the 10 working day and I am going to make a tokan payment today as they they rejected my monthly payment offer, However what happens after the 12+2. I know they will be in de-fault but can I do?

[Mockenrue]

Subscribing as I am still waiting for my CCA from them too.

[tosh1]

ok. I sent them a token payment. but no cca has arrived yet. shall i make an improved offer or should i just wait until the cca arrives? what happens if it does not arrive after 14 working days?