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Barclaycard debt and mercer Default Notice


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Received DN short time ago from DCA 'acting as agent for OC' (credit card), doesn't appear that account has been sold at any time.

Not sure whether or not a DCA is allowed to issue DN if they dont actually own the debt - can anybody help please?

DCA has messed up the dates / durations for putting right and further action that may be taken are ;

(a) passing on to another DCA for issue of formal demand for payment of whole balance, and

(b) registering the account details with a CRA.

Date for remedy has passed but still haven't received anything like a termination notice - all seems a bit vague, anyone else come across this?

Comments /advice would be appreciated.

 

SH:???:

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Hi alfwithhair

 

thanks for gettin back to me so soon

 

Having some probs with scanning at the minute but will try again later today.

OC = Barclaycard & DCA = Mercers

 

Cheers

 

SH:oops:

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Hi SH

 

Hi alfwithhair

 

thanks for gettin back to me so soon

 

Having some probs with scanning at the minute but will try again later today.

OC = Barclaycard & DCA = Mercers

 

Cheers

 

SH:oops:

 

 

I've had the same thing from Mercers; DN with no OC name and address on it.

 

They telephone every day and I ignore them.

 

Then got a letter from resolvecall 'acting on behalf of Mercers' with usual threats. A resolvecall chap appeared, then disappeared, from my doorstep a few days ago.

 

I have no proper CCA or intelligent response from BCard and am continuing to ignore their thugs.

 

Best wishes

 

vic

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It might be worth getting a copy of your credit report - there should only be one default on there for the account & it should be from the OC & within 6 months of the actual default ...

 

Maybe the DCA has had a look at you credit report, noticed no entry, added one & sent this dodgy piece of paper to try to justify it ...

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Barclaycard always issue DN's through Mercers.

Mercers IS Barclaycard, so to is Calders Financial, they are both owner by Barclaycard

As to its validity that would depend on the content of the DN

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Delete any identifiers then upload it to an image hosting site such as imagefrog or tinypic & then copy & paste the url back here.

Anthrax alert at debt collectors caused by box of doughnuts

 

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I make it at least one day short. The 13th was a Friday so it could not have got into the postal system before Mon 16th then add the 14 days for remedy = 30th... they have not allowed for postal service.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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just as i thought.

 

OH hasnt received anything that resembles a termination notice, do they need to issue this or does the agreement terminate by default if not remedied within time period (regardless of whether DN was correct or not)?

 

If DN is incorrect, is it right that once agreement terminated, only the arrears stated on DN become payable and if so, is it better to acknowledge that the agreement has been terminated or just keep it up sleeve for later?

 

Having read another thread on here, it would appear that DN may contain other misleading and ambiguous statements that would also make it non-compliant.

 

SH :???:

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There is a bit of a problem regarding DNs at the moment, a couple of judges have ruled that service is made as soon as the DN is posted and are not allowing for postage. AFAIK there are appeals being made so we'll have to see how things pan out, it seems to be a case of certain legal wallahs deciding to move the goal-posts in favour of the finance industry. :(

 

Attached pdf are the regulations regarding DNs, have a look through to see if it complies.Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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  • 2 months later...

After receiving DN (post #10) from Mercers, OH sent cca request to Barclaycard, 12 + 2 days passed with no sign of a response and the 'Account In Dispute' letter was sent. Shortly after, OH received a short letter acknowledging request and advising that it was being dealt with and a response would follow asap. That was back in Nov 2010.

 

Still no sign of an agreement yet, so imagine surprise OH got when a 'Formal Demand For Payment' dropped through the letter box from Barkingmad recently!

 

Following advice from cerbusalert in post #14, the earlier DN was checked and a number of errors & omissions found that I believe would make it ineffective, not least of which is the absence of any agreement so far, time for remedy, etc.

 

If I'm correct with this, it now seems that the account has been unlawfully terminated by Barkingmad and I should reply to them accepting this. Would this be the best time to request a detailed breakdown of the arrears they say is due since this is more than likely to include charges and interest that previously they had confirmed (in writing) would be waived when OH contacted them to try and reach agreement on reduced payments?

 

I'd appreciate some feedback / reassurance as to whether I'm going in the right direction with this one.

 

Cheers

 

SH

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Hi Sare

 

Faulty DNs and any-old-crap CCAs are now standard fare. They may inhibit court action being taken but they are not an absolute defence.

 

Their refusal to accept an affordable payment and clarification of the exact amount allegedly due (with documentation) is the route I'm following.

 

love

 

vic

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Hi vic,

 

OH wrote to Barkingmad to point out that not only was DN defective/ineffective, the cca request was still outstanding and hadn't been satisfied. The letter concluded that by demanding payment of alleged balance in full they had terminated / unlawfully recinded any alleged agreement and that they would only be entitled to claim arrears, subject to providing a properly executed agreement.

 

Within a few days OH gets a letter from 'in-house' DCA' advising that OC has 'agreed to accept a settlement offer' if OH calls within 5 days.

 

Looks like a poor attempt to get OH to speak with them (no chance!), should we just ignore or write back enclosing copy of last letter to Barkingmad....... any thoughts?

 

Cheers

 

SH

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Hi Sare

 

Personally I would ignore; talking to Mercers is dangerous because they tell porkies to get you to admit things.

 

If they're offering a genuine settlement so early, it's because they know the paperwork is deficient.

 

If the offer is 'genuine' then Tingy's a Dutchman, which he ain't.

 

x

 

v

Edited by victoria_siempre
typo
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Hi vic,

 

I don't really think its a genuine offer, not even a hint of any figures, just a lame attempt to get OH to call them.

 

Think we'll just wait and see what sort of reply we get from Barkingmad........ assuming they bother of course!

 

cheers

 

SH

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Hi vic,

 

After my last pots (#19), OH received another letter from in-houes DCA demanding that OH should contact and make arrangemnts to pay full amount. Sent them copy of last letter to Barkingmad and told them to return account to their client, would not correspond further with them.

 

Lo and behold, response to CCA request drops through the door from Barkingmad (see attached scan0059.pdf ).

 

Spotted a few peculiarities with this;

- covering letter looks like a poor cut & paste effort since none of OH previous requests made any reference to CPR

- letter states 'please find enclosed a copy of your original executed agreement and a copy of the latest terms & conditions.....' - despite actually providing a reconstructed/reconstituted copy which is clearly not the original since it has our current address and not the address where we actually lived at time account was opened (some 10 yrs ago), and states most recent %APR. Also makes ref to agreements entered into after 26/11/10!

- t&c's provided are not the current ones, appear to be a variation of earlier / original t&c's since %APR is only a few % lower than last statement and refers to default charges of £15.

- pg3 of attachment shows cover sheet which they attached to trifold type t&c's and had OH name & address type in large letters on top lh corner (which I've deleted).

 

The cca response fails to confirm whether they actually hold, or have ever held an original properly executed agreement - I think i have read that they must do so wnen providing reconstructed versions (CPUTR?), or am I mistaken. Now surely if they have a properly executed original (or copy) it would have been easier to send a copy of that?

 

Doesn't look like a properly executed or enforceable agreement to me however I would appreciate a second (or third, or fourth....) opinion.

 

Cheers

 

SH

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Hi SH

 

The CCA is the usual recon crap but satisfies a sec 78 request for now (Carey). Save it safe and go through it looking for inconsistencies in the T&Cs with other historical stuff or charges etc to your account; save all this.

 

What you do next is a moot point; I personally do not challenge CCA on the basis of a sec 78 response on its own or at this point; I favour making an affordable offer which they will decline; I favour raising a formal complaint about refusal to accept offer and harassment by their agents, and exhausting their complaints procedure. This will keep you busy for the next 8 weeks.

 

But, as always, see what colleagues think.

 

x

 

v

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Hi vic,

 

Thanks for the quick reply, I'll have a closer look through and see what other inconsistencies & errors I can find.

 

Our objective with this one was to try and determine enforcibility of cca so OH can make an affordable and sustainable offer of payment, without the worry that OC could enforce.

 

Clearly, this is a very poor reconstruction and wouldn't they need original to try and enforce in court due to age, was it not ruled somewher (Carey?) that when providing a reconstructed cca, the OC had to confirm whether it had the original in its possession? I may have got this confused since been reading quite a bit recently. Any ideas on how best to get them to confirm whether an original exists or not? Isn't it better to write back and say that we dont accept s.78 request has been properly satisfied or not?

 

OC terminated by issuing formal demand for payment on back of defective DN, so OH wrote back accepting unlawful rescission. I believe this would entitle OC to receive payment of arrears at date of termination (or is it date of default notice?), does this entitlement still apply if no properly executed / enforceable agreement exists?

 

Inevitably, Barkingmad or their tame DCA's will write back, probably ignoring the fact that OH has already accepted unlawful rescission, so want to be prepared with good response.

 

Grateful as ever for your support and assistance.

 

Cheers

 

SH

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