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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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mercantile and old QQ debt


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Hi i went into my spam folder by mistake today and found this email sent today by mercantile recovery solutions.

1. i have never heard of this bunch

2. the pdl refused my payment plan in december 2011 and i have heard nothing since

3. im concerned about the point about them having my bank account and sort code can they take money from my account???

4. are they gonna take me to court???

 

any help or advice would be greatly appreciated

 

Reference: xxxxxxxxx

 

Client Reference: xxxxxxx

 

Client: Mercantile Recovery Solutions

 

 

 

Original Creditor: xxxxxxxxx

 

Balance Outstanding: £(amount was here)

 

 

 

 

FORMAL NOTICE OF LITIGATION AS REGULATED BY THE CONSUMER CREDIT ACT (2006)

 

Dear (my name),

 

We have previously written to you to inform you that we, Mercantile Recovery Solutions Ltd., have purchased the above debt and as such are now the legal owners and beneficiaries of the sum outstanding.

 

Despite attempting to contact you using all means available to us, including all the information provided in your credit application we have, to date, been unable to reach an amicable solution of repayment with you.

 

We must now make it clear that we are in the process of instructing our solicitors to issue a claim against you in your local court.

 

We are fully confident that such claim will be successful as we are unaware of any legitimate legal reason for non-payment of the debt and again we should make our intentions clear that upon successful award of the claim we will look to enforce the debt by way of an earnings arrestment.

 

As part of your application process you provided your bank account number, sort code, pay date and employer details – all of this information will be utilised to seek immediate repayment of the sum outstanding. Please be aware that your employer will be notified of this order if necessary.

 

Whilst we do not wish to burden you with further costs, (all legally recoverable fees will be added to your outstanding balance) your lack of cooperation thus far leaves us with no viable alternative.

 

Should you wish to avoid this course of action we would recommend you contact our pre-litigation collections department on 01563 546 371 before noon the 25th September 2012.

 

Failure to respond to this notice will only lead to immediate court action being undertaken.

 

Yours sincerely,

 

Ray Smith

 

Ray Smith

Collections Department

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Have you received correspondence/calls regarding this?

As to your questions yes they can take money from your account., but I doubt they will.

This company does go to litigation.They are talking about an attachment of earning order.

 

You can contact them and make a payment plan offer BUT NOT BY PHONE, keep everything

in writting.

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No, Brig, they have NO mandate to take money from the account, surely?

 

I think their intimation ("threat") is to use that info post-judgment in respect of AoE – a judgment that claim they WILL get. They can’t know that, so they are deliberately misrepresenting the true legal position.

 

Complain urgently to Trading Standards, and at leisure to the OFT. This is oppressive and misleading. Ask for a copy of their complaints procedure.

 

As they quote the CCA, what’s the detail of the alleged account? Have you whacked them with a CCA request?

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Hi DB I know that but I have experience of this being attempted!! Until fortunately they were slapped down.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok who is the original creditor?

Right send the following to the Compliance Manager at Mercantile

 

Ref: as on their letter (do not refer to the e-mails.

 

Dear Sir or Madam,

 

I refer to your rather threatening letter received on xx xx xxxx please take note I do not acknowldege any debt to Mercantile Credit Solutions or any company you may claim to represent.

 

This letter is the first and only communication I have received regarding this alleged debt at no time have I received any notice of assignment regarding any such debt.

 

Given that I have no knowledge of your company or of any authority for you to be approacing me regarding this, therefore you must supply proof that any such debt exists and that you have the right to pursue it.

 

I cannot enter into any further correspondence until you comply.

 

Please note all communication must be in writting no electronic or telephonic contact will be made.

 

Send recorded delivery.

  • Confused 1

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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My QQ account was initially passed to Mucky Hall who I made an offer to (am offer that has never been acknowledged or agreed to) and they've tried passing it on to DERS and Opos. Finally, and most recently, it has been sent off to MRS (one of the directors of which incidently used to be the compliance officer at Muck Hall!!) they have sent me numerous emails some of which have also been sent by post. The most recent communication from them was a 70% discounted offer which I continue to ignore.

 

Feebee_71

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Hi folks just thought id come back with a recap. Sent the letter off to mercantile on friday 1st class registered and have had no response although since monday i have now been receiving emails daily yesterdays went like this:

 

FORMAL NOTICE OF LITIGATION AS REGULATED BY THE CONSUMER CREDIT ACT (2006)

Dear xxxxx,

 

We have previously written to you to inform you that we, Mercantile Recovery Solutions Ltd., have purchased the above debt and as such are now the legal owners and beneficiaries of the sum outstanding.

 

Despite attempting to contact you using all means available to us, including all the information provided in your credit application we have, to date, been unable to reach an amicable solution of repayment with you.

 

We must now make it clear that we are in the process of instructing our solicitors to issue a claim against you in your local court.

 

We are fully confident that such claim will be successful as we are unaware of any legitimate legal reason for non-payment of the debt and again we should make our intentions clear that upon successful award of the claim we will look to enforce the debt by way of an earnings arrestment.

 

As part of your application process you provided your bank account number, sort code, pay date and employer details – all of this information will be utilised to seek immediate repayment of the sum outstanding. Please be aware that your employer will be notified of this order if necessary.

 

Whilst we do not wish to burden you with further costs, (all legally recoverable fees will be added to your outstanding balance) your lack of cooperation thus far leaves us with no viable alternative.

 

Should you wish to avoid this course of action we would recommend you contact our pre-litigation collections department on 01563 546 371 before noon the 28th September 2012.

Failure to respond to this notice will only lead to immediate court action being undertaken.

 

 

Then today i received this one:

 

DOORSTEP VISIT

 

 

 

Dear Mr xxxx,

 

 

 

We write to inform you that despite our efforts to communicate with you, your account remains in default. We have taken the relevant steps to verify your current residential and employment status, and are aware of no legitimate reason as to why your account has not been paid. We will now arrange a Field Collector from one of our associate companies to visit you, as you have failed to respond any of our attempts to resolve this matter amicably.

 

 

 

You should note that we consider this action the final alternative to legal action being brought against you without notice; therefore it is in your best interests to contact our Customer Recovery Team today, to negotiate repayment of your account.

 

 

If we can successfully negotiate repayment with you, then we will have no need to proceed with further action as stated above.

 

 

I think they are now just trying to put the frighteners on me due to my letter being received but its a bit annoying how they are now gonna be emailing every day :mad2: and quite funny that in todays email i am now a man.

 

Does anyone have another letter i can send as i have a feeling mercantile is going to be a bit of a pest?

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Resend the first letter with a covering letter and demand a meaningful response by return. Send recorded.

 

Make it clear that if your letter is ignored and you continue to receive these unfounded threats and demands with menaces, you will be informing first the police, then trading standards and the OFT.

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  • 3 months later...

Hi

 

I have been dealing with a very aggressive woman at Mercantile called Kristine. I agreed to pay £30 a week on an outstanding Pay Day Loan and I have kept to the payments since we came to the arrangement. The total outstanding is about £800 and I have made 6 payments to date.

 

Today (New Years Day) I have had a text from them entitled 'INTENT TO VISIT' stating that unless I call them they are going to send someone to my home to 'address my account'.

 

What is that all about? Why send someone when I am paying as agreed?

 

Fred

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Hi

 

I have been dealing with a very aggressive woman at Mercantile called Kristine. I agreed to pay £30 a week on an outstanding Pay Day Loan and I have kept to the payments since we came to the arrangement. The total outstanding is about £800 and I have made 6 payments to date.

 

Today (New Years Day) I have had a text from them entitled 'INTENT TO VISIT' stating that unless I call them they are going to send someone to my home to 'address my account'.

 

What is that all about? Why send someone when I am paying as agreed?

 

Fred

 

To threaten and frighten is the purpose, you have no obligation to speak to any one who may call, invite them (politely) to leave or be removed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I would think not, it would be considered a normal debt collection procedure, but as said you have no obligation to discuss the edt with any caller.

 

You could write to them and and tell them no visits are to be made.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have been dealing with a very aggressive woman at Mercantile called Kristine. I agreed to pay £30 a week on an outstanding Pay Day Loan

 

Hopefully you are paying back only what was originally contracted and not of any Mercantile's fees or massive late payment fees by the PDL before the account went to Debt Collection.

 

If your paying back via Debit/Credit Card or Direct Debit, please stop these immediately, log onto your online banking and cancel the Direct Debit, if paying by Card, phone the issuer and report it lost and get an immediate stop on it, DCA's have been known in the past to abuse this facility to empty bank account.

 

Only ever pay via Standing Order, that way you are in complete control.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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  • 2 weeks later...

MRS are a bunch of [edit]artist. Report them to the OFT, there are hundreds of complaints like this and it won't stop until the OFT get involuted. Once they are investigated it will come to light that Accounts were [edit[ from Mackenzie Hall and they are in breach of many compliance issues. Why do you think they sacked the Compliance Expert Mr Sands ! The owner is Paul Mackenzie's [edit] and he is the one pulling the strings. He is[edit] which is why he was marched out of his own company Mavkenzie Hall. Report to OFT.i

Edited by BRIGADIER2JCS
Improper reponses.
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