Barclaycard/Mercers next step...

[Happyhippy1959]

Rock, like your letter I am going to use that from now on. Back to serious, Fred, tell em to take a running jump. As for we can contact by phone if you miss a payment is absolute bull cr*p just stick to your guns. These muppet's backed off straight away from me and a £1.00 is all there going to get until I decide in me own time when I can go BR.

 

They did that stunt with me about the phone, guess what, just got another mobile, had the house phone disconnected then phoned them from an office phone which is caller withheld and told them if you wish to contact me by any other means than letter, you will need to brush up on your telepathy as NO PHONE ANY MORE. That stumped em good and proper.

[FORMISTER]

What date did you receive the default notice?

 

By my reckoning, the date of the letter is 31 dec so even if they posted it that day then:

1 jan (sat) new years day

2 jan (sun) no post

3 jan (mon) bankholiday, no post

 

so payment to reach them before the 17th of january doesn't give you a clear 14 days to remedy the situation, so the notice is invalid.

 

What was the date on the envelope?

[victoria_siempre]

Hi Formister

 

There is no date on a Mercers' envelope. But yes ut should be stapled to DN.

 

The DN issue, in itself, is de minimus?

 

x

 

v

[FORMISTER]

De minimus? Possibly, we'll see it's relevance depending on how thing are played out.

 

Your probably right VS in terms of the overall picture, but it in't something I would discard

[FredF]

Hi Formister, as V said, the Mercer's envelopes have no date stamp, and until I read something from oilyrag in another post yesterday, I didn't think to make a note of the date it arrived, but we had postal problems all over the christmas/new year break because of the snow.

[oilyrag]

Yes Fred,

 

It is wise counsel to keep everything marked with the date of arrival at your address including the envelope it was delivered in. I know of one case a few months ago by PM where a cagger lost a case because of a mix up of envelopes in which a default notice had been delivered. It has in the past been a given that by Royal Mail delivery the courts have accepted first class as next day and second class two days for delivery , unless you have a record to say different. If, as most of these letters etc are sent by one of the contract mail delivery services (like UK MAIL, TNT etc) , note despite them actually being put through your door by the postman, the courts accept that this is second class service.

 

Mantra is keep everything, sedn everything you need to via recorded or at least signed for although it has been said that receipt from the Post Office is adequate proof of posting and delivery.

 

regards

oilyrag.

[vic synex]

Doesn't the Default Notice have to contain the name and address of the original creditor to make it valid?

[oilyrag]

yes you are right vic synex. Oh and by the way Victoria (sorry I had to make the distinction) and Formister, I have been made aware by PM of the case of a cagger some months ago who lost their case on a technicality of a mix up of envelopes in the evidence which had contained the DNs. A very unfortunate situation I know but it was part of the evidence and had the presentation of the evidence been watertight in this area it would have made the statement of truth from the creditor claimant in fact anything but what it purported to be. Unfortunately I do not know the case reference, I only know the member by pseudonym and was contacted ref our solicitors. Hence it is worth while maintaining a file of everything.

 

best regards

oilyrag

[FORMISTER]

I wouldn't worry too much about the envelope. We can prove the date you could only of received it. The letter is new years eve 31/12 the next 3 days aren't postal days either. Allowing 2 working days for the letter, you couldn't of received it in time.

[oilyrag]

Yes formister in THIS PARTICULAR CASE, with THIS PARTICULAR LETTER. However it IS wise counsel to keep everything in a logical ordered file INCLUDING the envelopes. Most professional legal people in consumer credit affairs will proffer the same advice as ours did.

 

regards

oilyrag

[FORMISTER]

I totally agree with you 100%, i advise people the same way and practise the same myself.

 

I only said don't worry as the OP said it wasn't dated and they didn't take note of when it arrived. My point was that we could prove it regardless, with the date on the letter and due to bank hols days etc, so it wasn't the end of the world

[oilyrag]

Good stuff Formister. The more consistent we are as group in presenting a well prepared united front and indisputable audit trail to the bandits as vic puts it the less likely they are to get awy with the tactics they are at the moment.

 

regards

oilyrag.

[FredF]

Sorry to ask a silly question, I'm still not clear as to how the default notice that I've received is relevant to my particular issue? Is there a thread somewhere that I can read that will fill in the blanks?

 

By the way, I want to thank all of you who have helped me so far, it really means a lot to me.

[FORMISTER]

Type in default notices in the search, there will be loads of results if you fancy bit of research.

 

However i wouldn't get too bogged down by the issue at the moment. I think we are looking forward a bit at possible scenario where this may be useful.

[victoria_siempre]

Hi Fred

 

Echo formister.

 

Just save it stapled to its envelope for now; DN issues alone are de minimus, but they are part of bigger picture when bandits have made countless cock-ups along the future path: we're trying to document an audit trail of fibs and fabrication that will frustrate any final court action.

 

x

 

v

[oilyrag]

Yes Fred I would echo what has been said. It is part of a future scenario which may or may not occur. But in the most simple terms without bogging you down, you are likely to be handed across the office gangway by Mercers to an outfit called Calders (another level of thuggery belonging to BC) who in their utmost wisdom are likely to issue a demand for payment in full for the whole account. It is at this point the DN issue becomes useful because that demand is unlawful termination of the agreement on the back of a faulty DN which Mercers always are. In the most basic theory, they are at this point only able to sue for the arrears that were owing at the time of issue of that faulty DN and it is almost a certainty that the figures Mercers have issued on the DN will be inaccurate as well.

 

On its own as Vic says some courts will treat the DN issue as de minimus, BUT it is part of the larger picture and the CCA1974/2006 is very specific as to prescribed form, time frame, content and accuracy of said notice.

 

That is just a very basic outline, the whole issue is much more complex, but there are experts on CAG some of whom have won cases, a significant part of which were due to DN and termination issues.

 

Hope that this has helped a bit and not introduced any confusion. Much reading, as advised, is the best option to get a handle on it as there are differing opinions.

 

regards

oilyrag.

[FredF]

Thanks guys, it does make sense. My plan as it stands is still to offer (and send) £1 a month until I can submit a SAR to Barclaycard to proceed to recover the PPI payments I was making until last October, that'll probably not be until at least the 21st of this month when I receive my next JSA payment. If I receive any further news in the meantime I'll update accordingly.

 

Off topic slightly, I've just had a response from Santander's credit card regarding the same offer - using the same standard letter given to me by the CAB - I made to Barclaycard, they've also refused the £1 offer but also want me to send in bank statements, payslips, all sorts of documents before they can consider a plan. Although I'm not yet dealing with their DCA, it'll only be a matter of time so is it best to open a new thread in this forum? Or should I put it in the self help forum?

 

Thanks again to all of you

 

Fred

[oilyrag]

Hi Fred,

 

I would start a new thread

 

regards

oilyrag.

[FredF]

Thanks oilyrag, I'm going to start one in the self help sub forum. Mods can move it if it's necessary.

[FredF]

Guys I'm trying to compose a reply/complaint to the letter I received in this post:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291720-Barclaycard-Mercers-next-step...&p=3286501&viewfull=1#post3286501

 

I've so far just come up with this so far...

 

With reference to the letter I recently received from Mercers with the above reference regarding my twice made offer of a £1 payment being refused.

 

I wish to make a formal complaint to Barclaycard for the unfair treatment of my account in respect to my offer and would like to draw your attention to the recent Office of Fair Trading Vs MBNA case with regards to consumers in financial difficulties offering token payments.

 

I would like to ask you once again to accept my £1 offer, I’m more than happy to setup a standing order for that amount. I would also ask that you freeze all interest and charges to enable me to make some impact against this debt.

 

Is this good enough to send to Barclaycard?

[Happyhippy1959]

FredF, when you finish it could you post it up. Need one for someone I am helping out...

[FredF]

Of course, no problem.

[Happyhippy1959]

thanks fred

[victoria_siempre]

Hi Fred

 

Can you make it more direct (and less polite)

 

This is a formal complaint. And include something about Mercers, acting as Bcard's agent, harassment. This gives them two things they have to reply to.

 

x

 

v

[FORMISTER]

Hi Fred

 

Can you make it more direct (and less polite)

 

This is a formal complaint. And include something about Mercers, acting as Bcard's agent, harassment. This gives them two things they have to reply to.

 

x

 

v

 

She's always been a very mean woman Fred!

 

Joking aside , She's right. No need to be rude, but stern will convey your position on this