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  • #16
    Re: Hi everyone hope im in right place

    Hi, have a read here to see the difference between a s.87 Default Notice and a Credit File Default Entry -> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

    Should help you to understand things more clearly....

    In essence, as others have said, you're best following the UE route right now as chances are this will be unenforceable - pointless telling them it's SB - to buy more time and ensure it will be (given the Cause of Action could affect the exact date) - it's best to send a new CCA Request to the creditor and then sit back. That should take a few weeks to resolve which adds more time to the SB clock in your favour - our CCA Request does not affect SB so long as you don't deviate from the parts to edit as indicated.

    Good luck
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #17
      Re: Hi everyone hope im in right place

      Originally posted by nowpennywise View Post
      Hi pixie yes one was from mercers by letter saying default notice served under section 87(1)of the consumer credit act 1974 in June 2010 then Barclays added one to file don't know which one counts as 1st one i will have to start a dairy at weekend I have so much paper work don't know were to start 1st been filed to suitcase even got little calling card thanks again
      If you got a Mercers DN in June 2010 1) it's very likely that the debt is SB by now and 2) Mercers sent out a lot of 'bad' DNs.

      It does sound like this debt is SB on both date of first missed payment and DN date but to be absolutely certain send off a CCA request and let's take it from there.
      Let your smile change the world but don't let the world change your smile

      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: Hi everyone hope im in right place

        Hi and thank you it helps me understand a bit more I think ?? I will send off and see what I get back thanks again

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        • #19
          Re: Hi everyone hope im in right place

          Originally posted by Pixie View Post
          If you got a Mercers DN in June 2010 1) it's very likely that the debt is SB by now and 2) Mercers sent out a lot of 'bad' DNs.

          It does sound like this debt is SB on both date of first missed payment and DN date but to be absolutely certain send off a CCA request and let's take it from there.
          Actually, Mercers shouldn't have been issuing DNs at all! Even though they are part of Barclays, they are their collection arm, and an account shouldn't be passed on for collection until a DN has been issued, the time to remedy the breach has expired, and the account has not been brought up to date. Barclaycard should have issued the DNs themselves.

          Take a look at this article: http://www.telegraph.co.uk/finance/p...t-letters.html where it says:
          A Barclaycard spokesman confirmed Mercers Debt Collections Limited had previously managed some collections work on behalf of Barclaycard. He said all debt collections are now carried out under the Barclaycard name, following a decision taken in April.

          The spokesman said of Mercers Debt Collections: "It was made clear to customers that they were a company within the Barclays Group and collecting on our behalf.

          "Mercers Debt Collections Limited was set up to manage more serious arrears and is in the process of being wound down. The employees have transferred to handling these accounts under the Barclaycard name instead."
          If Mercers was set up to manage SERIOUS arrears, then the accounts shouldn't have been passed on to them until AFTER a DN had been issued and not complied with.

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          • #20
            Re: Hi everyone hope im in right place

            Indeed if a claim was issued the fact Mercers sent it would likely be enough to win / stop the claim dead (until it was remedied).....

            Anyway, very unlikely they'll issue now but the fact is, your DN is unlawful (we call it bad) - hence a bad DN = bad news for the creditor / claimant.

            Try not to worry - you're doing great.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #21
              Re: Hi everyone hope im in right place

              Hi thanks BUZZY BEE very interesting

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              • #22
                Re: Hi everyone hope im in right place

                Thank you NEVER-IN-DOUBT I have sent for cca so I will see what I get back

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                • #23
                  Re: Hi everyone hope im in right place

                  Hi everyone just a update got letter back saying they have noted dispute and will make enquires will let me know the outcome and stopped collection of the account so I will have to wait and see what they come up with next I guess

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                  • #24
                    Re: Hi everyone hope im in right place

                    Originally posted by nowpennywise View Post
                    Hi everyone just a update got letter back saying they have noted dispute and will make enquires will let me know the outcome and stopped collection of the account so I will have to wait and see what they come up with next I guess
                    Sit tight and do nothing now.......Although you could be in for quite a long wait........fingers crossed anyway
                    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.

                    Comment

                    • #25
                      Re: Hi everyone hope im in right place

                      Silence will be sooooooo golden xx
                      if you do it today and you like it you can always do it again tomorrow

                      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.

                      Comment

                      • #26
                        Re: Hi everyone hope im in right place

                        Hi all nothing back as yet hope it stays that way sure they are looking very hard i hope to start my diary in next few days been a very hard 5/6 years for us as I'm sure it has been for many others

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