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    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
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Beachy v Barclaycard/Mercers take 2


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Well Mercers showed their ugly face again today, received a nice red letter giving me 48 hours notice (posted 26th June received 1st July) failure to ring them will result a doorstep 'visitor' (again? still waiting for the last one to turn up), perhaps they'll hand deliver my cca?

 

Just going to hand it to TS, OFT & ICO - I've had enough ! ! !

 

Currently dealing with a family bereavement from yesterday, so Mercers can feck off.

 

Beachy

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They call that a reponse to cpr31.request! LOL :D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Just going to hand it to TS, OFT & ICO - I've had enough ! ! !

 

Currently dealing with a family bereavement from yesterday, so Mercers can feck off.

 

Beachy

 

Sorry to hear that Beachy, keep your cool with the letters, remember they intend to grind you down with letters/threats/passing the account around...

 

I would just ignore all letters/phone calls from them for a while and take time with your family.

 

All the best.

 

S.

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Sorry to hear that Beachy, keep your cool with the letters, remember they intend to grind you down with letters/threats/passing the account around...

 

I would just ignore all letters/phone calls from them for a while and take time with your family.

 

All the best.

 

S.

 

I wholeheartedly agree with Shadow Beachy..... Use your time to be with the family... ignore the threatmonkeys you can deal with them another day.. don't let them get you down now.

 

Spam. :)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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SF, Shadow & Spam.

 

Thank you all so very much, as I mentioned in the Beer Garden this morning I fully intended to take time away from the forum for a day or so - that was until the postie arrived with Mercers letter.

 

Although it was expected we just lived on prayers & the hope that he would pull through but it wasnt to be, his last few days was spent on a ventilator & following advice from the doctors the family took the painful decision to turn it off.

 

He was an absolute inspiration not only in my life but also that of my brother & sister despite his age was very very active up until this illness took hold. He was the last of my parents generation, I have very fond memories including the day he gave me my first 'driving lesson' down on the farm when I was eight - needless to say the lesson didnt last very long - I could bearly reach the pedals on the tractor. :eek: Ironic really, seeing that I drive for a living!

 

Once again thank you all so very much.

 

Beachy & OH

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Hi Beachy

so sorry to hear about bereavement.and Mercers giving you a hard time i been passed on to Calders now but they seem to be doing exactly the same as Mercers and still Barclayshark! Whate the point in giving same company a different name! when its just mercers in disguise so to speak:rolleyes:

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Beachy Just ignore the silly beggers!and dont let them get to you,I just ignore them now not worth my time anergy and printer ink! all i do now just from time to time is send letters to Barclayshark head office saying sending just unsigned ts and cs not unaceptable .and i will ignore Calders as well! I will only bother communicating with Barclayshark head office now!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Beachy,

 

Sorry to hear about your loss and I hope you and your OH are getting a chance to have some time to yourselves tonight and tomorrow all being well.

 

Sounds to me like the BC ignore the dispute merry-go-round is ongoing with you also.

 

All has went quiet here this last two days which feels strange! No post and no calls.

 

Even CAP1 has finally stopped calling me since the weekend...must have been my CPR letter to Miss Ellie sent in size 32 font since she has thrice previously ignored it! (or had trouble reading it - must have been illegible and unenforceable then....)

 

Take care of your family and let these buggers wait on you.

 

meerkat x

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Sorry to hear about your loss.

 

On the vague off chance that Mercers are not just doing their usual pressure tactics, perhaps a sign by your door.

 

"No hawkers, traders or people from Mercers."

 

Take care.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Sorry to hear about your loss.

 

On the vague off chance that Mercers are not just doing their usual pressure tactics, perhaps a sign by your door.

 

"No hawkers, traders or people from Mercers."

 

Take care.

 

Hi Emma,

 

So good to hear from you, hope your well.

 

Thank you for your kind words.

 

On the Mercers front I had a blue envelope from them today, containing a little red card informing me that they will be inspecting our doorstep tomorrow - the mood I'm in at present they will be inspecting the step a little closer then they can imagine!

 

My sister-in-law took Mrs Beachy out for the day but when she got home she said she didnt enjoy being out because all she could think about was someone from Mercers banging on the door - told her before she went out that mercers are nothing and I would deal with them IF they turn (after all I've had first hand experience of a doorstep visitor in the past P2C on behalf of capone).

 

Once again many thanks for your kind words, although we were prepared for the worst it is non the less painful & upsetting.

 

Beachy

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  • 3 weeks later...

Well done beachy,

 

Keep us informed

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Well done beachy,

 

Yup could well be a long wait mine has been with the FOS now for 6.5 months and they are only just looking at it now.

 

But remember this any award will include the 8% s69 interest on that my friend is adding on by the day.

 

So a long wait but a good reward at the end of it

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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SHOOT ! !

 

I've screwed up big time. :-x

 

Just thought I'd play around with the ppi calculator, messed up with BC spreadsheet - used the monthly interest of 1.34% which on one calculation gave me £4.03 from November '02 to May '09 however after finding the APR of 19.9% that calculation gave me £96.76 for the same period.

 

Have I shot myself in the foot or is it not too late to redo the spreadsheet, still no news from either BC or FOS.

 

Beachy

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beachy i think u will be ok as the FOS would not have started investigations yet with your claim so just redo and send enclose a letter explaining the error

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Phew! Thanks PF,

 

I could kick myself for that error, after me saying research is power yesterday (red faced now).

 

I'll take your advice & recal. the figures - there will be a massive difference, send with a covering letter to FOS, as you said they have not started their investigation yet so I need to act quick smart.

 

Beachy

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dont take it hard on yourself we all make mistakes myself inc and i dare say the banks lol PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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dont take it hard on yourself we all make mistakes myself inc and i dare say the banks lol PF

 

Redone my spreadsheet - by doing it the proper way has added another £1,800 interest to the claim :eek:

 

Have written an apologetic letter to the FOS concerning my error (blamed Mrs Beachy for distracting me with her vacuuming :D ).

 

Should I send an updated copy to BC or allow the FOS that privilage?

 

Already been successful with a claim against Barclays using the same mis selling reasons & without the need to involve the FOS, so hopefully should get a result.

 

Beachy

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No need to contact barclaycard over this as you are now dealing with the fos and barclaycard could not resolve the complaint in the first instance.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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:eek: Mercers have sent a third DN this year for the same arrears, and its only July (again not in the prescribed manner & sent by second class post - in a seperate envelope I been given 48hours to ring them (already expired - letter written four days ago and sent second class), failure to ring MAY result in a local collector calling at my home (not again - they never turned up).

 

Beachy

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barclaycard should not be entering into any dialog with you now as the fos is handling your complaint so everything from u and them has to go via the FOS PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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With regard to my last post, not only are Mercers still trying to beat True Call, sending a third DN for the same account/arrears and a third '48 hr Notice' or a doorstep collector will visit, I have just printed off my weekly True Call log & notice that Calders have been making calls as well.

 

3 defective DN's for the same account

 

3 x 48hr notice or you'll get a visit

 

2 x dca's chasing the same account (I know their all BC really)

 

TS dont give a toss

 

In my favour :-

 

No cca

non compliance of SAR

PPI reclaim with FOS £5,000

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