Mercers DN question

[Brainmelt]

Hi
i.e. been reading around the site to find out if the Mercer DN that was sent to me in 2012 is valid

mine states the following in the first paragraph

'............................. Barclaycard has therefore passed your debt to us (Mercers Debt Collections Ltd) to collect on its behalf. Mercer Debt Collection Ltd is a separate company within the Barclays group'

the address on the DN is
Mercers Debt Collection Ltd, PO Box 55, Liverpool L32 8XX

contact No 0844 822 2003.

i didn't keep the envelope so didn't record date of receipt/postage. If the details on the letter are to be trusted the 14 day rule seems Ok

So although Mercers are not describing themselves as 'agents' does this still put the DN into dispute?

are any of the Mercers DN issued in connection with Barclaycard valid?

[charitynjw]

Re: Mercers DN question

IMHO

AfaIk, only the creditor or owner can issue a valid DN.

http://www.legislation.gov.uk/uksi/1983/1561/made

[Brainmelt]

Re: Mercers DN question

Thanks for taking the time to respond Charity.

So the DN should def have been on Barclaycard headed paper from them, at their address and not that of Mercers (even though Mercers are part of the Barclays group, or were)

Its the fact that Mercers are/were part of the BC group that wasn't clear about

[nemesis45]

Re: Mercers DN question

Thanks for taking the time to respond Charity.

So the DN should def have been on Barclaycard headed paper from them, at their address and not that of Mercers (even though Mercers are part of the Barclays group, or were)

Its the fact that Mercers are/were part of the BC group that wasn't clear about

Mercers were a separate legal entity within Barclays group but they were not the creditor .

nem

[Brainmelt]

Re: Mercers DN question

Excellent news Nem:-)
info very gratefully received.

[mystery1]

Re: Mercers DN question

Technically, as already pointed out, it's bogroll.

Judges sometimes do strange things though.

M1

[Brainmelt]

Re: Mercers DN question

Hi M1
but could you appeal on 'point of law' grounds?

'DN defective as not issued by owner/creditor of the debt'

[mystery1]

Re: Mercers DN question

Of course but it's a right pita and expensive.

M1

[Kafka]

Re: Mercers DN question

Brainmelt
I'm at litigation stage with BC and soon to file at court for default removal.
The central point is that the whole amount of the default was penalty charges and so the Information Commissioner's guidance should have been followed.
In addition to that, I have challenged the fact that Mercers sent the DN.

See the last few posts here
http://legalbeagles.info/forums/show...ycard%29/page3

[Kafka]

Re: Mercers DN question

....

[Kafka]

Re: Mercers DN question

This is what their solicitors wrote about Mercers in their response to my Letter Before Action:

"Following the account closure, the debt was transferred to Mercers Debt Collection (Mercers), a wholly owned subsidiary of the Bank.
>
>
Further, the Default Notice sent to you by Mercers was valid as at the time it was sent, Mercers was a non-trading company within the Barclays group and therefore able to issue the Default Notice on the Bank's behalf."

They seem to have gone to extraordinary lengths to try to block my claim, so I'm guessing that they don't want it to become a test case that others will follow.

[mystery1]

Re: Mercers DN question

"Following the account closure, the debt was transferred to Mercers Debt Collection (Mercers), a wholly owned subsidiary of the Bank. >
>
Further, the Default Notice sent to you by Mercers was valid as at the time it was sent, Mercers was a non-trading company within the Barclays group and therefore able to issue the Default Notice on the Bank's behalf."

And people say herbal tea is good for you ? Hmmm...............

M1

[Brainmelt]

Re: Mercers DN question

Kafka
Now that's really interesting. will be keeping an eye out for your future posts.