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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • hii
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      By hii · Posted

      Update: tfl is taking me to court I'm trying to get an ooc claim from them but they have not been replying to my emails. 
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      By UsedCarMan · Posted

      Are these the important pages I need to upload ? 1.  pages 1-4 are court form 10a 2.  2 pages of the CCA agreement  3.  Default notice from NewDay, 22/02/20 4.   Lowell letter stating they own debt ,     Dated 16/11/20 5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,”  to Lowell on 23/10/20 I make this 9 relevant pages from what I can see   ( all other pages are statements/default notes and lots of FCA info sheets) just needing your confirmation in advance as I don’t want to send over pages that are not required thank you  UCM      
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      Just out of curiosity aesmith - are you a lawyer?
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      Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

barclaycard/mercers

walkinthepark

By walkinthepark
in Barclaycard

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Blondmusic

Blondmusic

Posted
Posted

Once you have sent the CCA request letter then they have 12+2 working days to reply from the day they received it. If they dont provide you with a copy of your CCA after the 12+2 working days then let us know and we will tell you which letter needs to be sent next.

:cool::cool: Blondmusic :cool::cool:
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PriorityOne

PriorityOne

Posted
Posted
Thanks everyone I will let you know - I'm finding it quite daunting. They have been really quiet recently but they still won't stop interest etc so I don't think I have any choice.

 

 

No... they didn't stop interest for me either. I kept getting monthly statements through from B/card at the same time as letters from Mercers.... but filed them all away. As they weren't able to provide an Agreement, they were just numbers on a piece of paper at the end of the day.... but sent to intimidate, I assumed.

 

After a little bit of letter ping-pong between us, they eventually got fed up with me and sold the account to someone else... who were then told to b*gger off (in writing).... which they did! :D

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PriorityOne

PriorityOne

Posted
Posted
What happens to the debt?

 

Depends when it was taken out....

 

If under CCA 1974, then nothing happens to it. Under sec. 127(3), it remains unenforceable until such times as a signed, executed Agreement can be located and re-enforced in court. If there's no Agreement, then this means never.... whoever it ends up with... which is as good as having it written off.

 

If under CCA 2006 (after April 2007), then it's possible for a lender to produce evidence to show payment history and so on.

 

:)

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walkinthepark

walkinthepark

Posted
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Posted

I've been paying Mercers/Barclycard a monthly payment by s/o for a few months now. Mercers wanted more than I could afford so I just went ahead and paid them what I could afford each month. Apart from a few phone calls on Xmas Eve they have been really quiet. I didn't have my monthly statement last week so I'm wondering what is happening or what to expect next. I know the weather has disrupted the post but what do I do if my statement doesn't come this week? I haven't CCA'd them yet.

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Bazooka Boo

Bazooka Boo

Posted
Posted

Have they terminated the account?

Or have you just been on reduced payments with them?

You can check your account online, if the account is in default, and they are using their other name Mercers, then legally they only have to send you a statement of account yearly.

 

I'm guessing that because their in-house collections department has picked it up that the account is in default and they will only send you the statement of account.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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walkinthepark

walkinthepark

Posted
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Posted

It was passed to Mercers about Aug/Sept time. I told them I could pay a sum each month but it was less then the minimum payment. They said that if my first payment was £60 after that they would then drop it to the amount I wanted to pay. I couldn't afford the £60 so just paid what I could afford by s/o each month. I have asked them to stop the interest but they have refused. Now I don't seem to know where I stand with them as they have gone quiet on me.

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SlimSilver

SlimSilver

Posted
Posted
It was passed to Mercers about Aug/Sept time. I told them I could pay a sum each month but it was less then the minimum payment. They said that if my first payment was £60 after that they would then drop it to the amount I wanted to pay. I couldn't afford the £60 so just paid what I could afford by s/o each month. I have asked them to stop the interest but they have refused. Now I don't seem to know where I stand with them as they have gone quiet on me.

I had exactly the same issue with them. Basically, just dont to speak to them any more. Eventually they will say if you dont pay it will be sold. Then you will get Calders. Whilst Mercers seem quite "normal" Calders take the rude route. However, they are in effect the same people That happened to me in September. After Calders it becomes Credit Solutions Ltd who turn up the heat. I just ignored them. Am waiting for their next move!

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SlimSilver

SlimSilver

Posted
Posted

they dont want it to go to court. It means they risk getting a low payment over a long time. It seems better for them to sell it on to someone else.

Im new to all of this and its very complicated. But like anything, its simple when you know how. If going to court would benefit them they would do it. But they dont, at least not straight away. So that tells me that they have a reason for not doing so, and it definitely isnt out of kindness. They know the reason, I am still trying to work it out.

Personally, I am nt trying to get out of my debts but if i cant pay then i cant pay. And that is largely due to the banks' behaviour anyway. However, I will do what I can but if they take the bully/scare tactics attitude with me then they can whistle.

 

Like I said, i am only just learning all this and maybe a cca is what i should be doing.

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walkinthepark

walkinthepark

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Yes, I think most people want to pay their debt off and I'm happy with paying every month what I can afford. The amount I'm paying isn't a pittance either but as you rightly say when they start bullying you, worms will turn and people start fighting back. Good luck anyway.

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SlimSilver

SlimSilver

Posted
Posted
Hi sorry can you explain - not sure what that means! I'm new to all of this

the recent ruling in Manchester effectively allowed thebanks etc to not have to provide a copy of the original document. Instead they could piece a document together from various sources.

They will use this against us. However, they still need to be able to prove that you signed the agreement, a point they wil try to ignore.

Theres a long thread on here somewhere - do a search for reconstituted agreements.

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walkinthepark

walkinthepark

Posted
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Posted (edited)

I was thinking of sending a CCA request to my credit card company as they refuse to stop interest. Another Cagger has enlightened me on reconstituted agreements. I'm not sure whether to go ahead now. Can someone advise me. Thanks

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Edited by walkinthepark
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