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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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Seeking Advice Re - DCA


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I am looking for some advice regarding my Barclaycard account.

 

As I have been unable to repay my debt with Barclaycard, I sought advice from the CAB who offered all my debts £1 a month.

 

Since starting my claim for charges on my Barclaycard I have found out it has been sold to Mercers debt collections.

Having read a few posts on here, I am wondering how I go about getting statements from Mercers to see if I have any charges added for late payments etc.

I have sent a SAR to Barclaycard and had an offer which I have rejected, but want to find out the state of play with my account as it stands of now as I do not get statements from either company.

Am I right in thinking I should have been notified it had been sold? I have only had one letter from Mercers which was to inform me I have been served a default notice.

Any advice, comments more than welcome - thanks.

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Am I right in thinking I should have been notified it had been sold?

Yes. This called a Notice of Assignment.

 

I have only had one letter from Mercers which was to inform me I have been served a default notice.

 

The default notice will not be legally valid.

 

I am wondering how I go about getting statements from Mercers to see if I have any charges added for late payments etc.

 

You ask them for a statement of account (which is free).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you Rory. ;)

 

I did send a letter to Mercers requesting statements on 16th July 2007 - I was wonding if there is anymore I can be doing whilst waiting for them?

 

What can I do about them not sending me a notice of assignment?

 

I sent my request to a PO box number in Liverpool and stupidly didn't send recorded delivery - should I wait or re send recorded and give them a time frame to reply?

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should I wait or re send recorded and give them a time frame to reply?

I would resend. Give them 14 days to comply, also ask them for a copy of the Notice of Assignment and a Fair Processing Notice which should have been sent to you at the time the debt was assigned.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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As the debt's now been sold have you considered sending the CCA request as well to establish their right to collect the debt??

 

Said template to be found here...

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Regards, Dave.

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Should I send the CCA with the request for asignment and statements?
There's no reason not to.

 

The request is made using Section 78(1) of the Consumer Credit Act 1974. Include a P/O for a quid to cover the maximum fee and be sure to send by First Class Recorded Delivery, or SD if funds will stretch.

 

Beginning the day after delivery they then have 12 working days to supply a legible copy of the original Credit Agreement after which the request is in default and they are not entitled to enforce the agreement. After a calendar month in default they committ a summary Criminal Offence which is reportable to Trading Standards.

(A calendar month is 30 days, unless the last day is a Sunday or Bank Holiday, in which case it becomes 31.)

 

78(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

Also, and importantly, was there any ongoing dispute when the account was sold on..??

 

Regards, Dave.

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As I don't know when the debt was sold on, I don't know what has been going on, as far as I knew I was paying Barclaycard until I got this letter from Mercers in January 07 serving me a defult notice.

 

I have done things by the book with this account, the CAB wrote and told them all I could afford was £1 a month, which was accepted by Barclaycard.

 

The delault was served for owing a whopping £2.

 

I will get those letters off first thing Monday morning - thanks again Dave.

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Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 1 month later...

Ok I have left this for long enough.

 

Update:

 

Sent letter to Mercers DCA on 30th July 2007 with a £1 postal order asking them for a copy of CCA and notice of assignment.

I have heard NOTHING, so now I'm ready to get going on my claims again, I am hoping someone can direct me to where I go from here - do I continue with filing my N1 to Barclaycard or chase Mercers? or both?

Would be grateful for any input - thanks.

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As Barclaycard added the charges you would file the N1 to Barclaycard.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I suppose you could file an N1 for them not supplying statements to force disclosure. Filing one for a copy of the agreement would be pointless.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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But isn't my issue now with Mercers?

 

as i see it - i requested info from Mercers on 30th July - they had 12 days which made it 11th August - then i allow 1 month - which makes it 8th september - so how do i complain to trading standards and what do i say?

 

And still file my N1 with Barclaycard for my charges?

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Yes. This called a Notice of Assignment.

 

Why would Barclaycard sell the debt to Mercers? They are their In house agents arn't they. Can they sell in house

 

 

The default notice will not be legally valid.

Why would the default issued by Mercers be invalid, I too have received one from them

 

 

You ask them for a statement of account (which is free).

I asked for a statement as they have mysteriously stopped sending them. Told me it was £3 for a duplicate statement? Even though they have never sent the first.

 

Lies lies and more lies. Barclaycard and Mercers could lie straight in bed.

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But isn't my issue now with Mercers?

 

No not entirely. Barclaycard will have assigned the right to collect to Mercers but nothing more. This is know as an equitable assignment. The duties (and as such the liabilities) of the account still lie with Barclaycard.

 

so how do i complain to trading standards and what do i say?

You can find your local TS here Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

I would just complain to them about not receiving the statement of account at the moment. If Mercers try and chase the account you can then report them for attempting to pursue the account without a copy of the agreement.

 

And still file my N1 with Barclaycard for my charges?

Yes.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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That's really up to you. After the 12 working days are up they can not enforce the agreement without producing a copy of it. This means that you can lawfully withhold all payment until a copy of the agreement is produced.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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