Jump to content


Dotty's OH another claim! - Barclaycard & MKDR - **CLAIMANT DISCONTINUED**


Dotty50
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4203 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Letter amended and posted today.

 

Arrived home tonight and in post today DN issued from Mercers!!!!

 

If I didn't have the knowledge of CAG this would really have bothered me, how would I have had any clue who Mercers are and how can Barclays act this way?

 

I will scan it and post it here tomorrow, but they have got the remedy date wrong! Why am I not surprised?

Link to post
Share on other sites

  • Replies 81
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Letter amended and posted today.

 

Arrived home tonight and in post today DN issued from Mercers!!!!

 

If I didn't have the knowledge of CAG this would really have bothered me, how would I have had any clue who Mercers are and how can Barclays act this way?

 

I will scan it and post it here tomorrow, but they have got the remedy date wrong! Why am I not surprised?

 

 

hiya dotty well mercers did that to me too, and yet it dont show on the credit file and no dn ever has shown to date - so i think it will be just a scare tactic and also im pretty sure mine really wasnt typed up in the way a proper DN should show :wink:

 

im sure others will come along and give further guidance but wanted to let you know my experience hope it helps

 

keep positive laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi Angel,

 

Thanks for that information, it's so annoying that they do this after my OH sent in an I & E and pro-rata offer, they would have had payments by now!

 

Guess it's their prerogative to hassle and stress people out even when a reasonable payment has been offered!

 

Very interesting what you say about CRA's , will keep an eye on them.

 

This is the DN, it was posted 1st Royal mail, so I make date on service 2nd June and 14 clear days = 16th June (I think). They want payment before 14th June which is a Monday so effectively giving only 9 days to remedy!

 

Does anyone know if they Terminate?

Mercers DN - with deletions.pdf

Link to post
Share on other sites

Hi Angel,

 

Thanks for that information, it's so annoying that they do this after my OH sent in an I & E and pro-rata offer, they would have had payments by now!

 

Guess it's their prerogative to hassle and stress people out even when a reasonable payment has been offered!

 

Very interesting what you say about CRA's , will keep an eye on them.

 

This is the DN, it was posted 1st Royal mail, so I make date on service 2nd June and 14 clear days = 16th June (I think). They want payment before 14th June which is a Monday so effectively giving only 9 days to remedy!

 

Does anyone know if they Terminate?

 

 

You are right that they have not given you sufficient time, the Bank Holiday helped out too!

 

I also think that a DN has to contain the name and address of the original creditor, which this DN doesnt.

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

Link to post
Share on other sites

This details how a DN should be worded and presented .

 

http://www.johnpughschambers.co.uk/Consumer%20Credit%20(Enforcement,%20Default%20and%20Termination%20Notices)%20Regulations%201983.pdf

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

Link to post
Share on other sites

Thank you for that link Geoffrey I will have a read through.

 

Schedule 2 Para 2.1 I think is the relevant line.

 

 

Page 5 on my earlier link

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

Link to post
Share on other sites

Hello Again Dotty:

 

Sorry I have not been back for a couple of weeks.

 

I see you are still having problems with our friends, Mercers (B/C).Following on:-

 

As I said to you earlier...."send a letter to Mercers stating that the figure you are paying is £?. Tell them to please note that this is the maximum payment you are in a position to pay. Tell them also..(.please note that in the interests of keeping an amicable relationship that I require all contact regarding this account to be in writing only. Please take note that under no circumstances will any other form of contact be acceptable. You should take careful note that under no circumstances will any 'phone calls be accepted by me).)

--------------------------------------------------

If you can Dotty, or have not, set up a "Standing Order" with your Bank for the £1 or whatever and advise Mercers in the letter that the date of this payable monthly will be......??? .

-------------------------------------------------------------

 

I have just had another "DN" exactly like yours Dotty. Just let them hang themselves and ignore it for now. If they terminate this will be known by when you receive a demand for the full balance. Then, if the DN is faulty on days then you can send them a "Unlawful Rescission" letter.

 

Repeat! Just sit and wait regards the DN.

(b) Send that letter as above suggestion if I were you .(I did that) and all the calls have now stopped. They have stated though they are applying interest again because I won't pay them a minimum of £5. That is what the DN notice is for £12 arrears!!!!.

 

Let me know how you get on. Whatever you do, as Geoffrey and friends have said...do NOT let them work you up! They enjoy that and will harrass you all the more if you reply to phone calls. Everything in WRITING.

WMR

 

PS: If you get a minute take a look a my thread "wmr/mbna/optima"help

and see my latest with Optima Solicitors!

This Thread exists exclusively to assist me in preparing litigation against another party.

As such, it is almost certaily protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

Link to post
Share on other sites

Hi WMR

 

Thanks for taking the time to post again. Did you see the letter I sent in post 48?

 

Of course no response yet, as expected.

 

If they had been reasonable they would have received over £500 by now but hey ho!

 

Will take a look at your MBNA thread, I am dealing with them myself, both UR, they deny this, but I have proof from SAR.

Link to post
Share on other sites

  • 1 year later...

Whilst I appreciate there are many ways of getting these people of your backs, it seems they are changing their tactics!

 

My OH is being called several times on a daily basis (as early as 8 a.m.) by a company called MKDR!

 

Now the advice here would normally be to send the telephone harassment letter from the library, however these people have never put anything in writing, they don't say what they are calling about, you have no idea who the OC was, so you are stumped!

 

It's one of those times I am tempted to answer a call and give them what for!

 

Brian Carter are doing the same but not quite as frequently, again nothing in the post from them either! :x

Link to post
Share on other sites

They're using automatic dialling software.... and presumably, hoping to drive people nuts and wear them down. I had this with Mercers a few years back and despite sending letters, they carried on. It went on for around 6 months in all..... but they caved in before I did. As hard as it is, try and keep the faith :-)

Link to post
Share on other sites

Red - Lowells' rotweilers are doing the same.. using SMS text messages.. Despite having an ex directory number... BT are apparently passing on everyone's telephone numbers.

 

http://www.zyra.info/bt-txt-ctrl.htm

 

It appears to be very difficult to bar these messages.. even though you are supposed to be able to by following the steps in the link above.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks P1, they won't grind us down, it's no problem taking the phone of the hook at night (goodness that sounds a bit dated, but I think you will know what I mean!)

 

No problems (yet) with texts to the landline but will bear that link in mind CB should they become a problem, thank you.

 

I was aware of truecall Rebel but isn't it around £80? Not an expense I need TBH but I have heard it can be very useful. I suppose with having mobiles, we don't tend to use the landline nowadays so I could just un plug it completely!

Link to post
Share on other sites

  • 9 months later...

Original thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?252001-Barclaycard-Oh

 

I know it's been a long time since I posted on the thread but it's basically gone the rounds with the usual DCA's, Resolvecall, Mercers. Power to contact.CLS, Moorcroft, Midas, MK & Chilvers!

 

BC assigned to MKDP in Aug 11, then two letters from MK in Sept 11 and another one from Chilvers & Strachan in Oct 11 stating 'NOTICE OF INTENDED LEGAL ACTION'.

 

MK now issued a claim, no lba but Keynes sent a letter dated two days AFTER the N1 claim, referring to their recent letter (none received) and it gave 7 days to pay OR they MAY issue a claim via Northampton!

 

Having only recently defended one myself from these people, I am of the opinion that they are issuing these claims like confetti in order to get default judgements!

 

I have done the AOS and prepared CCA request and CPR31.14 to MK which will be going in the post tomorrow.

Link to post
Share on other sites

Posted CCA and CPR31.14 to MK, will check for receipt and await their reply.

 

Just want to confirm the date for submitting a defence, the N1 is dated 5th July, I make the last date 7th August. (5 days for service + 14 for AOS + 14 for defence = 33)

Link to post
Share on other sites

  • 2 months later...

Hi Mike at least I know I haven't been sent to Coventry! :-)

 

I've had some professional help with this one and yes the cost will be pursued. I can't say who I've used unfortunately as I would more than likely be cagbotted!

 

What I can say is that they did back off very quickly after it was confirmed that they didn't have the BC CCA but said they may pursue as and when they had the paperwork! :flypig:

 

They had tried to stitch me up by agreeing an extension date which was more than the courts would have allowed, whether this was deliberate or they just didn't have a clue will remain a mystery!

Link to post
Share on other sites

Hi Dotty

 

My guess would be the latter, they probably haven't got a clue

 

Glad you found counsel to assist :-)

 

Not sure how you ended up talking to yourself on here, have been taking a sneaky look at your other thread now and again to see how you've been getting on and completely missed this.

Link to post
Share on other sites

Well done - thread title updated :-)

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...