Invalid Default Notices

[lexis200]

Sorry no, but this is the thread I think it may have been on. Even if it's not it's a good read:)

[lexis200]

I agree the sentiment BD

 

But Barclays say Mercers are acting as their agent to do this. And Mercers say the same. so their is no assignemnt of debt.

 

I understand that this is their tactics. But what is their purpose in issuing a deliberately dodgey DN that they might later have to explain in court?

 

My guess would be that sending out a letter with the heading Default Notice will bump some people into phoning them to get a payment in.

 

This is after all a DCA's reason for being - get the money in any way. It's simply a percentages game for them; you are on CAG so are aware it's not legal, but joe shmoe may see it and panic, thus phoning in to pay money they don't have.

 

 

vic

 

If the account is still held by barclays I can't see why mercers would be the ones issuing the dn anyway as it's not them that the payments would ultimately be owed to. Are you certain it's barclays who have replied to you, or have mercers simply told you this?

 

I know Cabot seemed to send out assignment letters on behalf of goldfish - same font, format, codes etc, but with goldfish's name heading it. Is it possible that this is what mercers are doing?

[lexis200]

Thanks lexis

 

Barclaycard wrote Aug 18 'payment due £36x.xx'.: "You must make your payment or we'll instruct Mercers Debt collections Ltd to send you a default notice in accordance with ...."

 

So Barclaycard have designated Mercers as their agents.

 

Mercers issued DN dated Aug 20 (both letters arrived in same post) ]'amount due £54x.xx'.

 

I sent CCA to Barclaycard Aug 25; it has been received but no reply as yet.

 

Mercers wrote Sept 9 IMPORTANT NOTICE 'outstanding balance £9xx2.xx' "We will be instructing a local debt collector to visit you the above address to collect payment"

 

I am not bothered about DNs or visits.

 

As well as sending the 'account in dispute letter to Barclaycard' I want to send something like:

 

" Dear

I note your letter ref BBC2CL/1.3 dated August 18 informing me that you are instructing Mercers Debt Collections Ltd to act as your agents.

 

Since then I have received a number of telephone calls, all of which I have recorded, from your agents and a letter, all of which breach Office of Fair Trading guidelines regarding debt collection given the context of my previous correspondence with yourselves. I should be grateful if you would confirm that Mercers Debt Collections Ltd are indeed acting as your agents in their questionable conduct so as to assist me in making my reports fairly to the appropriate regulatory authorities.

 

If you do not reply to me within seven working days my report will concern both your and Mercers’ actions."

 

What do people think about this as a line of attack?

 

vic

 

I don't think it would do any harm. I've just tweaked it a tiny bit (hope that's ok) so they don't have any wriggle room with the wording (ie they don't seem to be breaking guidelines, they just are, and don't give them the option of not confirming what you've asked).

 

I'd also just whack in the doorstep caller letter to cover your back there, even though it's highly unlikely they'd act on that particular threat it's worth just adding the few extra lines to tell them where to go:)

 

DD, thanks for the explanation, gives a bit of light at the end of the tunnel!!

[lexis200]

http://www.consumeractiongroup.co.uk/forum/showthread.php?276050-Advice-on-EGG-Loan-agreement-please!&highlight=Advice+on+EGG+loan+agreement+please%21

 

Hey bigdebtor, just right click on the title and copy, or if you want a specific page just highlight the address bar and copy, then paste it where you want it to go. Easy peasy:)

[lexis200]

i think he was referring to making a link out of the postf- you cannot click on the text on the title on the POST (in this case the highlighted black Re_ Invalid Default Notices- - but it appears you can click on the "text" icon next to it- i presume that would copy it into a post as a link?

 

Ahh, well then, right click on the post number, scroll to 'copy link address' and then paste in the reply box.

 

Hopefully this has worked, otherwise I'll shuffle off red-faced...it should come up with the first post on this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices&p=2127681&viewfull=1#post2127681

[lexis200]

that'll be my ninja typing skills:D

[lexis200]

Bobo, did they terminate you in-between sending the dn's? If not, then they are free to re-issue afaik.

 

They can't place two default markers on your credit file though, so make sure that's not happened.

[lexis200]

i had a job remembering it!

 

I agree with you Lex that they can issue a 2nd DN on a non-terminated agreement.

 

However given they didn't write the 2nd DN until 7 Dec - and it therefore wouldn't have been SERVED until 2- 4 working days later then surely the first one acts as a TN with effect from 6 (or 7) December and the agreement would therefore be terminated BEFORE the 2nd DN was SERVED?

 

Both DN's look quite different. Is the first (or second) one OK?

 

If not then at least one of them will have become a TN (on or after 7 Dec or 7 Jan) when they said they "SHALL" (not MAY) require the full balance.

 

If neither is dodgy then Bobo is not off the hook - but if either IS dodgy then surely only lawful arrears (less damages) are now ????

 

From the amount of arrears shown it seems they issued DN 1 after just 1 month's arrears (£4XX.xx) and the 2nd DN after 2 months arrears (£9xx.xx)?

 

Is that on? I thought they had to have 3 months arrears before issuing a DN?

 

 

BD

 

In principle I agree with that, after all as a layman you can only expect to go by what the legal bit of paper says, but as I always err on the side of caution I personally wouldn't be happy to say it was terminated until I get a letter saying as such, or the full balance is formally demanded.

 

Lloyds defaulted me in '07, but I found out last year that they still classed the account as live as they'd never actually terminated it (or added a D to my file). Having said that they also didn't have it on file that they'd sent a DN out, so that may or may not be a good example...

[lexis200]

DD

 

After nearly 40 years of marriage I often interpret any verbal exchange or conversation as a disagreement (a safer assumption in my view) - even phrases which imply agreement - like "do as you like- you will anyway" don't seem to mean what they say!

 

Thanks again

 

BD

 

This one's simple BD, it means you've got to the point where you've lost whatever you do, but if you do what you want we'll ignore you for a week, whereas if you do what wifey wanted she'll get the hump for a bit coz she know's you wanted something else, but it won't last as long as option A.

 

 

Honestly, I don't see what the problem is with deciphering how us girlies tick:rolleyes:

[lexis200]

Hello lexis200! I really cannot remember if Egg have terminate the agreement. Is the only way to find out is to SAR them? bobo

 

If you know you kept all the paperwork and there's no termination notice then you can probably say there wasn't one. If you're still a bit unsure though then an SAR wouldn't be a bad thing to get - I like to have them anyway just so I can check nothing else untoward has been going on!!

[lexis200]

Lexis

How did you know I was a guy? - Was it my superior use of logic and sense of fair play?

 

BTW - I read the book "Men are from Mars and Women from Venus" but it didn't help!

 

BD

 

I alwys just smile nod and agree with her - like you do with the drunk in the pub or the nutter on the bus

 

I'm sorry, I can't comment on these clearly intellectual remarks as I'm currently looking at kittens whilst knitting dinner.

[lexis200]

:lol: