Failed Negotiations and now a DN

[NoCardsAgain]

Hello All,

 

New to the forum although have been reading for a while, but now looking for a little guidance. So first of all Hello to everyone.

 

The brief background is I am in a bit of a financial pickle, to the point in the last couple of months I have been unable to keep up with my credit card payments. I wrote to my credit card companies explaining this and have made token offers, letters have been exchanging within deadlines but yesterday I received a default notice from both.

 

I have attached a copy of the one I received from Mercers on behalf of Barclaycard. From what I have read this doesn't confirm for a valid DN due to the date timing (doesn't account for postage or bank holidays) and Barclays address details.

 

Now I am aware there are charges on this account, also PPI(Cancelled) which in my situation would not apply. I was going to attempt to reclaim these charges once I was in a position to settle the account. I probably have all the statements required somewhere to start this but didn't want to risk them turning nasty due to me doing this. I have held this account for about 10 years.

 

I am currently not in a position to comply with the default notices as I don't have the cash to do it, but may have sometime in January and pay all the arrears.

 

I am not sure how I should proceed due to the situation I am in, from reading here my options appear to be:

 

* Requested a CCA from Mercers/BC

 

* Start a claim against the charges and attempt to put the account into dispute.

 

I am not sure which direction to take as my previous negotiations with them seem to have failed. Any advice ?

 

Thanks in advance.

BC Default_Edited.pdf

[uptoeyeballs]

I had 2 Barclaycard accounts taken out 10+ years ago and neither credit agreement showed up after CCA plus reminder. Heard nothing since, so I've just parked those for now.

[MandM]

attachment won't open, and welcome to Cag

 

M

[slick132]

Hi NoCards and welcome to CAG.

 

Firstly, read the Reclaiming Guide at Link No1 in my signature below. As you are dealing with unlawful penalty charges on a credit card a/c, you are unaffected by the OFT Test Case about bank charges.

 

Go through all your BC statements noting all penalty charges made to the a/c since it was opened. They can all be claimed back (plus interest if you fancy a fight).

 

Same with PPI but you should start another thread for this in the PPI forum as the 2 matters are dealt with separately.

 

If you are able (and willing) to bring the a/c back in order shortly and keep using the a/c, don't send off a CCA request yet.

 

Instead, write to Mercers saying their DN is not compliant with the requirements of the CCA1974. Tell them also that the a/c will very shortly be put In Dispute because of unlawful penalty which BC will have to repay. This will also mean the a/c balance in the DN is wrong as it includes the unlawful penalties.

 

Confirm that you anticipate bringing the a/c up to date by xxdate so would they refrain from taking any further action.

 

[gezwee]

Trying to figure out how Mercers can issue a compliant DN?

 

For them to act on behalf of a n other creditor surely an equitable assignment has been effected indicating that the account has already been terminated.

[LampLighter]

Mercers are part of Barclaycard. They pretend to be another collector but because they are wholly owned (it's not a real company, just the name) it hasn't left BC's hands. A default notice issued by Mercers is unlikely to be a real one, but likely to be an invalid one on grounds of wrong layout etc.

 

After Mercers it may be Calder Financial, who are owned by Mercers in their turn. I would suspect unlawful transfer occurs when it goes to an outside collector company who insist you no longer deal with Barclaycard. The general style there is 'threatograms' and bluster and a pretense that they are agents of BC. An example would be Debt Managers in Scotland.

 

Cheers!

LL

[NoCardsAgain]

Thanks for the help so far. I will do some more reading and start the claim process. Thanks.