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    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
    • If it’s so easy to get shut of a PayPal negative balance how come everyone doesn’t do it as such? I guess it’s morally wrong but not illegal!?    I read a thread were a PayPal employee said “paypal WILL take you to court and WONT let it lie, they have a specialist team that chase negative accounts over a ceratain amount which I’ll defo meet that criteria 
    • date of claim 14th November (2019)   What is the claim for – the reason they have issued the claim?  1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77 The agreement was terminated as payments were not maintained and subsequently assigned to the claimant. And the claimant claims: a) The said sum of £559.77 b) Interest pursuant to # s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui c) Costs   What is the total value of the claim? £735   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? Before   Do you recall how you entered into the agreement...On line /In branch/By post ? I think by post   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser - Lowell   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Couldn’t afford the interest    What was the date of your last payment? Over two years ago to the DCA   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
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perth66

Mercers Debt collection Agency and Barclays Bank

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i recently got laid off...unfortunate but thats life.....i had perfect credit up to this point.

obviously my credit card payments didnt get paid...so barclays bank set their own debt collection agency onto me....calling up to...and im not joking...20 times a DAY.

my branch assured me..that my housing benefit would be safe in that current account and that no debt collection agency could touch it.

what happened next?.......mercers debt collection agency stole the housing benefit as soon as it was put into the account.

this is how i dealt with it...it works.....try it.

first of all i made a fraud complaint to barclays bank.

whats not known by many people is that barclays have whats called "appropriation of rights" to money going into your current account to pay outstanding debts as long as it DOES NOT CAUSE FINANCIAL HARDSHIP.

 

lastly...i forgot this...DO NOT BELIEVE what your branch tell you...move the money away from that bank ASAP

they also signed up to a voluntary agreement that no benefits should be taken to pay outstanding debts.

on the same day as making the call to fraud..and kicking up a REAL stink in the bank...i called CCCS the credit couselling charity who were enormously helpful.....they put me onto the financial ombudsman...who up held the complaint and told them to refund the money..which they promptly did...all this took about a week.

we changed our phone number..used the pro forma that CCCS sent us...to send a £1 token payment to mercers.

doesnt matter if they accept it or not..under law it shows a willingness to pay.

so to recap....if you get behind with barclaycard...and/or barclayloan....DO NOT USE YOUR CURRENT ACCOUNT. have the money paid into another bank...normally you can open whats called a cash account that gives you a simple atm card.get your money paid into THAT.

that way they have no access.

secondly..change your phone number...not always easy to do..but i recommend it...BT will do it for free if you explain you are getting harrassing calls.

thirdly.....contact CCCS...they were excellent.

Edited by perth66
forgot something!

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just to clairify the terms used here.

 

the bank can take payments from you bank A/C if the cards etc are under the same banking group. this is called the offsetting rule.

 

IF yor only income is benefits, then you should write to your bank a 'notice of appropriation' letter, telling them they are not allowed to offset against this A/C as its only income is benefits. payments

 

dx


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Hi Perth and welcome to CAG.

 

We come across the banks exercising their "Right to Set Off" regularly.

 

See here about how you can notify the bank of your Right of Appropriation - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html#post289030

 

I'm glad you got this action reversed so quickly - many others have not been so fortunate. I assume you are no longer putting credits into the Barclays a/c. Don't do so in the future either as there's every chance BC/Mercers will do this again.

 

:)


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just wanted to say quickly too......the peace of mind we got..was worth ALL the hassle we went through to do what was needed.

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