Mercers issued a default notice in error

[ArmyGirl]

Having worked very hard to clear all my debts (Sep 07) I received notice in November 08 that my credit score had been effected by a notice issued by Barclays I tried to get to the bottom of this as I had had nothing to do with Barclays for Years. I was furious to received a default notice from Mercers dated Nov 08 which arrived with me in Feb 09. The notice itself said you owe £0 and threatened court action if I did not pay £0 by 11 Dec 08. This explained the credit score I called Mercers who put me through to Barclay card who cpould not comprehend the fact that I owed them nothing, the default notice asked for £0 to be paid. Back to Mercers who said it was a computer error and would get a superviser to sort. They never did. I have written 6 letters to both Barclay Card & Mercer but this has not been withdraen. They now deny the account ever existed although I have presented them with the notice they produced !!! am I going mad it might seam petty but having struggled for years to pay off debts in full I just have to accept that they can send out this stuff regardless if it is in error and do nothing about it. I had just got my credit rating to a good level and had hoped to geta morgage soon now I appear to have debted again. This has been going on now for months..any ideas ?

Thanks:mad:

[davey77]

If you don't owe anyone money then send mercers and Barclays an LBA informing them of your intention to start legal proceedings against them for attempted fraud and Libel if they do not confirm in writing that your unlawful Default is removed along with an official apology. Tell them you will be asking for substantial damages to be awarded for defamation of character and the detriment a falsely applied Default has caused your financial standing.

 

Send it by recorded delivery and give them 14 days.

 

i would also write to the CRAs (although they never do anything without the lenders say so) informing them that they should remove the Default otherwise they could be placed as co-correspondent in any claim you may make in the County Court for Libel. (Copy any helpful correspondence you have received from Mercers/Barclays that backs up your position to to the CRAs.)

 

The CRAs won't actually do anything as they only do what they are told by the Lender. But they will (should) contact the lender for verification of the 'correct' data and therefore that will show Barclays you mean business.

[PGH7447]

you can also tell the cra's that you want a notice of dispute put against this unlawful entry while you are waiting for barclays and their pet idiots to sort their act out

[ArmyGirl]

Thank You that is extremely useful, I paid them in full in Sep 07 and haven't defaulted since 2004 the document actually states that I owe nothing and that I must pay £0 by the set date, I have felt like I was going mad writing constant letters and calling them asking for them to just correct this obvious error. I will now save my breath and do just as you advise, they never held back with me when I needed help so no love lost.

 

Thanks

[davey77]

In future, no more calls.. Everything in writing only as proof of what was said. Hope it gets sorted for you.

[ArmyGirl]

Thanks will let you know.

[slick132]

Hi AG,

 

If you want this moved to the Data Protection and Default Issues forum, just shout.

 

[ArmyGirl]

Thanks, that seems like the ideal place to put this. I appreciate the assistance so far and will be putting the letters in the post to day. Not the biggest issue I know but is a matter of principle

[slick132]

Thread moved to DP and Default Issues forum for you.