Meritforce - the story so far

[angelfire]

Hi everyone, i've been reading the posts on here for a couple of days and am hoping that you may be able to give me a little advice. I have a few things debt-related to sort out and will begin with Meritforce.

 

This company are chasing me for around 9k, on behalf of HSBC bank. Now I can only assume it's actually a loan i had with HSBC about 8 years ago. The loan, however was only 5k and i'd paid some off before I defaulted so i don't know where 9k has come from..

 

anyway, I've sent Mertforce a letter, with a cheque for £1, asking for a letter of assignment and a copy of the original credit agreement signed by myself. I sent the letter (recorded delivery) on 18th july and gave them until today, Aug 2nd to reply.

 

Am I correct in thinking that I need to send them a follow-up letter now telling them they can't chase me for the money?

 

In addition to this, at the time i was living with someone (my ex), who (I'm sure) signed to say they would pay the loan off if I didn't. Part of the reason i think this is because when meritforce first contacted me, i wrote to them telling them it was statute barred, but they wrote back saying they had evidence of correspondence from me and quoted my ex's address.

 

tis all a bit complicated I know, but at this point I really need to know what to do next..?

 

Thanks in advance guys

[clutchingatstraws]

No follow up letter is neccesary at this stage .

 

Just do not pay until the deliver to you a properly executed Consumer Credit Agreement.

 

If they try it on with your ex tell them to CCA them as well.

 

After a further 30 days and if they persist report them to TS, if they do not contact you after 3 months report them to TS.

 

Cheers

 

Cas

[oneofakind]

Once they're in default, may be worth a SAR to see just what their 'evidence of correspondence' is.....

 

[angelfire]

Hi, thakyou both for your replies - when will they be in default please?

[rory32]

When did they receive your request? The 12 days are working days from receipt of your request e.g if they received it on the 20th the first full working day would be the 23rd. The default occurs on the 13th working day.

[angelfire]

It was signed for on the 19th..

[rory32]

Okay so default day would be the 7th August (which is when you can start withholding payments).

[NailPost]

Assuming the letter arrived on July 19 the 12-working day limit is up[ tomorrow. You should allow at least two days for postal delays but the letter, if there is one, should be postmarked August 3 at the latest.

 

The calendar month starts tomorrow. If the default runs beyond September 1 Meritfarce should be reported to Trading Standards at your local council and OFT. Don't be fobbed off, both agencies are under an obligation to investigate your complaint.

 

Another way of reporting them would be to ask for details of the Meritfarce complaints procedure. As Consumer Credit licence holders they are oblged to have one. Follow the steps as outlined, if they send it to you, and if there is no resolution report them to the Financial Services Ombudsman. If they don't send you the complaints procedure at all within a reasonable time (say 14 days) report them directly to the FOS.

[angelfire]

many thanks to everyone who has replied to this, your help is much appreciated

[rory32]

Assuming the letter arrived on July 19 the 12-working day limit is up[ tomorrow

They are full working days so 20th is the first working day (the day of receipt is not a full working day). They have 12 working days to reply so the 12th day would be the 6th. Therefore default day is the 7th (they do not default until the 13th working day).

[Vampyra]

Hello Angelfire and welcome to CAG.

You need to find out if your ex did sign anything, I think, because that would then implicate him in the debt.

 

But the CCA route is the best one you can take at this point.

 

Used to know someone called Angelfire......