Merit Finance

[BRIGADIER2JCS]

Ok thanh you!!

 

Get the letter away to Merit Finance ASAP, there is most definitely some thing amiss here that needs explanation.

[the tinkerman]

I am quite aware brig that in posts 11 & 12 that it was established Merit Finance was the company someonenew was paying and the fact that it was not Meritforce, my post never questioned that fact so therefore why even bring that issue up in your reply If it was not intended to try and belittle or pick holes in my post when the issue in question that I WAS referring to in my post was the fact that in someonenews first post he seemed to think that Meritforce were in someway connected to Merit Finance which you probably would considering they both had the same first name, all I was doing was making someonenew aware that they have no connection whatsoever and are two completely separate companies that's all (made sense to me)

 

 

Tinks

[someonenew]

Letter sent now anyway. Is the 12+2 days from the date the letter is sent or from when they receive it?

[huggy41]

from when they recieve it

[citizenB]

And it is 12 "working days"

[someonenew]

Just checked with Royal mails tracing and it says delivered and signed for.

 

Is the 12+2 12 normal days including weekends + 2 working days?

 

Need to work the date out for whatevers next

[BRIGADIER2JCS]

12+ 2 working days so weekends are not included nor are bank hols.

[someonenew]

12+ 2 working days so weekends are not included nor are bank hols.

 

So in other words 14 working days. I make that the 22nd January, correct me if Im wrong.

[BRIGADIER2JCS]

seems right.

[someonenew]

Received a letter today from Merit Finance LTD simply stating the following.

 

"Please find enclosed for your attention a statement for your account"

 

Obviously with the statement. Nothing related to finance agreements etc.

 

Next step?

[BRIGADIER2JCS]

Account in dispute/failure to comply with CCA request.

 

Simple letter by recorded delivery to the compliance manager.

[someonenew]

Account in dispute/failure to comply with CCA request.

 

Simple letter by recorded delivery to the compliance manager.

 

Ok. So just simply stating that or anything else?

[BRIGADIER2JCS]

Yes this lot are not up to Janet and John Book 1 yet.

 

To the Compliance Manager

 

Ref: use theirs.

 

Sir,

 

I am in receipt of the ''statement '' of account, this does not satisfy my section 77/78 request made under the Consumer Credit Act 1974, therefore this matter is formally in dispute.

 

recorded delivery.

[someonenew]

Dear Sirs,

 

Account No: XXXXXXXX

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.78). A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

(date = 12+2 days after you sent the CCA request - delete this text)

 

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware s.77(6) states:

 

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

 

Yours faithfully

 

Found this on another site, with a bit of editing to my situation I'll use this unless its out of date. Only sending after the 12+2 has expired just in case anything shows up after.

[BRIGADIER2JCS]

It's not necessary to send all that, they have seen all this before and some of it is now redundant.

[someonenew]

Nothing else has turned up so the dispute letter is on its way.

[someonenew]

Received a letter from Merit Finance today containing the following

 

Dear Mr Someonenew,

 

Please note that on the 30th November 2012 your account was assigned to TBI Financial Services LTD, 1st Floor Robert Cort Bldg, Elgar Rd South, Reading, Berks RG2 0DL.

You would have received a Notice Of Assignment from them.

 

As they had my previous address at the time this may well have been the case but they stated the previous address they were sending correspondence to as my parents, who AFAIK have received nothing. A quick google of TBI brings up nothing but forum posts about them in the same way as Merit Finance seem to act.

Any advice is appreciated

[BRIGADIER2JCS]

I believe they are doorsteppers, collection agents.

 

Wait and see I guess.

[someonenew]

Ok, received a letter today from TBI Financial Services in Reading stating

 

We are writing to inform you that, by an agreement dated xx November 2012, Merit Finance Ltd sold and assigned all of its rights , title and interest in, to and under, italia , your above agreement and any related security to TBI Financial Services ltd

 

Then goes on to say all payments due to them and that they have enclosed a payment form etc, etc.

 

Should I send them a CCA request the same as Merit?

Thanks

[BRIGADIER2JCS]

Yes that's the way to go.

[someonenew]

May or may not be of interest but the new reference/account number they provided is oddly similar (as in incorporates) the old account number from Merit. Hmmm....

[BRIGADIER2JCS]

May or may not be of interest but the new reference/account number they provided is oddly similar (as in incorporates) the old account number from Merit. Hmmm....

 

Just been doctored no imagination this lot:madgrin:

[dx100uk]

time to stop letter tennis?

 

dx

[someonenew]

Just been reading up on statute barred and it would appear that as I have made payments recently this debt is not statute barred. anyone clarify this?

[BRIGADIER2JCS]

If you have had a 6 clear year period without any payment to a debt and or no wriiten acknowledgment has been made the debt it statute barred.

 

If a debt was already statute barred when you began payments then the debt is still statute barred and all payments are treated as gifted and cannot be claimed back, payments in this case can be stopped immediately.