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Drederick Tatum

Are Barclaycard default notices invalid?

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On the basis that they've been sent by Mercers and don't contain the creditors address?

 

Has anyone had any luck pushing this subject?

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scan your dn

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I've posted it previously in the Invalid Default Notices thread over in the Debt Collection Industry forum on this site but I'll post it up again to five people an idea about what I'm talking about.

 

The dates are fine but people have mentioned in there, as well as Slick in here in a thread I was reading earlier that Barclaycard default notices sent through Mercers are invalid, people believe it's invalid because the creditors address isn't present, backed up by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 saying that (1) The name and a postal address of the creditor or owner. should be on there.

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then slick is your man

 

unless it was posted 1st class then its not valid anyhow

 

its always best to keep to one thread then people dont waste their time.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi DT,

 

Yes, this DN is not valid is it fails to comply with the strict requirements imposed by the CCA 1974.

 

See Sections 87, 88 and 89 here - http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF

 

Read further on this here - The Consumer Forums - Challenge a default on a disputed account and here - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

Also, if there are any unlawful penalty charges included in the balance stated on the DN, this also renders the DN invalid.

 

You can tell any CRA that has the DN showing against you that you require your dispute to be recognised until the matter is resolved.

 

:)

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