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  • #16
    Re: Barclaycard/Mercer

    Mercers can issue default notices and its helpful when they do

    The name and address of the "CREDITOR" must appear on the notice not their agents

    Comment

    • #17
      Re: Barclaycard/Mercer

      so blatantly invalid then lol nice one, the more i think about it, the more i might ignore for now, and use it as and when they start getting abit shirty.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #18
        Re: Barclaycard/Mercer

        Originally posted by SXGuy View Post
        so blatantly invalid then lol nice one, the more i think about it, the more i might ignore for now, and use it as and when they start getting abit shirty.
        But the name *Barclaycard* does appear on the notice posted by Miss Molly. Have I misunderstood Paul? I often do

        Comment

        • #19
          Re: Barclaycard/Mercer

          Originally posted by Paul. View Post
          The name and address of the "CREDITOR" must appear on the notice not their agents
          Hi PlanB

          But does the address ??

          MK
          One day at a time, with £34K of UE debt

          LloydsTSB - For the (UE) journey NatWest/RBS Mint - (Un)Helpful banking
          Marbles - they lost 'em - and my CCA, what a shame

          Comment

          • #20
            Re: Barclaycard/Mercer

            nope and it doesnt give a date NOT LESS Than 14 days from the date of service to remedy the breach.

            Brandon v Amex

            Comment

            • #21
              Re: Barclaycard/Mercer

              I just found a letter from barclaycard dated 4th February my mother had, it was a final demand letter, so ive had no choice but to reply to their mess now.

              I sent them a letter stating that they already have an arrangement to pay and included their letter from Mercers agreeing to this. I pointed out the date the demand was sent and the date they agreed for her to make a first reduced payment.

              I also enclosed a copy of the default they sent which is clearly dated 2 months after the arrangement was agreed, quoted section 21 as advised and asked them to remove the notice and alter my mothers credit report with the correct Markers.

              It really angers me, as they all use the excuse that "regular collection of debts will continue even though we have agreed a repayment".

              This means they continue to send demand letters and defaults even if they are not allowed to enforce them.

              The amount of people who must receive these and not realise previous communication must stress theirselves out to the max worrying about something they shouldnt.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
              • 10 likes

              Comment

              • #22
                Re: Barclaycard/Mercer

                Hi

                This thread is a couple of years old now. Is the situation still the same with DN's issued by Mercers when the DN should have been from Barclaycard? Thereby making the debt unenforceable ?

                My Barclaycard debt has been sold onto Hoist/Robbers Way, so my understanding is that they only way they can remedy is to buy back the debt and re issue DN - don't want them to do that as the Mercer's DN is dated 2012.

                I don't think Barclaycard realise their error with their Mercers DN's as i only discovered the Mercers' DN following a recent SARs, which Barclaycard didn't hold back from sending:-)

                Comment

                • #23
                  Re: Barclaycard/Mercer

                  Originally posted by realfedup View Post
                  Hi

                  This thread is a couple of years old now. Is the situation still the same with DN's issued by Mercers when the DN should have been from Barclaycard? Thereby making the debt unenforceable ?

                  My Barclaycard debt has been sold onto Hoist/Robbers Way, so my understanding is that they only way they can remedy is to buy back the debt and re issue DN - don't want them to do that as the Mercer's DN is dated 2012.

                  I don't think Barclaycard realise their error with their Mercers DN's as i only discovered the Mercers' DN following a recent SARs, which Barclaycard didn't hold back from sending:-)
                  The DNs issued by Mercers as agents for Barclaycard are still a problem for the creditor - but Hoist have more problems than that to contend with such as not being licensed by the Financial Conduct Authority (FCA)
                  Legal Disclaimer
                  I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                  If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                  Comment

                  • #24
                    Re: Barclaycard/Mercer

                    Hi JC + AAD
                    For the first time ever, had a look on the FCA register for an update on the license issue.
                    Register says Robinson Way is a firm under ref
                    752280 and
                    an 'appointed representative'
                    Robbers way's latest communication state that ' RW Ltd is appointed rep of hoist finance UK ltd, which is authorised and regulated by the FCA for matters governed....' blah blah blah
                    quick check on Hoist Portfolio holding 2 ltd shows their status as cancelled. However
                    Hoist Finance UK is authorised.

                    Does this mean that HPH2 now comes under the 'authorised' umbrella of Hoist Finance UK?

                    Comment

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