MSDW/ Barclaycard Vs NTTF

[NewToTheFight]

Does a Default Notice have to be sent by the original creditor? I have received a DN from Mercers.

It is faulty in number of days allowed to rectify however it only asks for the arrears amount.

On the back it states they may terminate.

More correspondence ensued but no indication of termination, in fact more statements which show interest is still accruing.

7th April Demand from Resolvecall asking for arrears on account, now showing as full balance

16th April Demand received from Calder Financial asking for the full sum

The account is an old MSDW then Goldfish now Barclaycard which they have failed to produce an agreement for.

Is the account terminated as they have now requested payment in full?

if so was it the Calder demand that has terminated it despite the Payment due only being £586 according to the box out.

this has yet to be issued on but I would like to accept their termination before they isssue.

resolvecall.pdf

Mercers Dn.pdf

Calder Financial.pdf

Edited August 23, 2010 by NewToTheFight

[NewToTheFight]

Bump

[creditcardmug]

Calder and mercers are just different departments of Barclaycard, never heard of resolvecall, may be a DCA.

The DN must be from the OC, but its thin point if mercers sent it, the fact that its not in the prescribed form would bear more weight in court

 

To help others, how old is the alleged MSDW account?

Have you sent a proper CCA request by recorded delivery?, and have you had a reply within 14 days?, if not why have you not formally put the account in dispute?

[NewToTheFight]

Hi CCM

The DN clearly states Mercers act as agents for Sharkleys so don't see too much problem about it being from the OC.

Thanks for clearing that up for me.

Would you think I have enough evidence to say the account is terminated, so that I can accept their unlawful recession?

 

The account is ancient, they have sent terms from 2003 but the account may be older - I haven't looked out the statements yet.

I have indicated on several occasions the account is in dispute and have had final response letters from the OC

At the moment I am having fun with them by refusing to answer them on the phone and when they write I ask them to prove they have an interest in this matter.

When they either prove they have an interest or issue I will remind them that the account is in dispute as they have not provided a full response to my S78 request.

 

I think this account is so old they will not have any original paperwork but want them to issue so that when they discontinue they can't come back again.

[creditcardmug]

I cant say for sure its terminated yet, others will be on with their opinions on that one.

I and many others on here also have one of these old MSDW accounts, Barclaycard dont generally bother pursuing much beyond this point, preferring to sell it to a bottom feeder, and claim the rest back in tax allowances, mine is with cabot, i am not at all worried about it, as i know they do not have a enforceable agreement, and would be happy to defend against any court claim.

I have already won against Barclaycard/CL finance on a Barclaycard alleged agreement...check my thread in the WON forum

[NewToTheFight]

Thanks for the input CCM. I will have a read later

I am still not sure if the account is terminated but have got a letter from Debt Managers headed 'Notice Of legal Action' asking for the full amount.

I guess that pretty much terminates the agreement but not 100% sure as it's only from them not Barclays directly.

[creditcardmug]

Yes quite agree, i would be cautious too, but are you still getting monthly statements, if not you could argue its terminated, as the statements should form part of the alleged agreement

[NewToTheFight]

Last statement was may, it bears a note ' Please be aware your card has been withdrawn.'

Obviously I wish to avoid accepting a termination before it has legally happened, they could then refuse to accept and reissue a valid DN

Maybe we will get some further input for clairification

[NewToTheFight]

Bump

Have any other Caggers got input on what & most importantly who can teerminate an agreement.

Can a DCA terminate on behalf of an OC by demanding the full amount?

[NewToTheFight]

Opinions please Caggers

[creditcardmug]

I think you can take it its terminated if you haven't had a statement since May, certainly you would argue that in court, which is why i would keep it to yourself in case you get there. Obviously the more time goes by without a statement the better. Also you say they have since demanded payment in full...another point to argue the acc. is terminated.

I would expect them to next send it to a DCA for collection, no problem there, as you just say its in dispute, send it back, then they will sell it to another DCA.