Mercers * DISCONTINUED *

[Smelliot77]

I am attempting to take on A DCA who provided a Mercers default notice
something smells a little fishy thought out it though
i have researched endlessly about DN’s but the one I have appears to have the prescribed terms on it. This is from 2013
myquestion is that it is on Mercers headed paper, must it come from Barclaycard as they are listed as creditor on the notice

[warwick65]

Re: Mercers

I think you may be right but without some more details it is hard to really give any opinion.

So it was defaulted in 2013 by Mercers
Do barclaycard still own this?
Have you been making payments?
If yes to the above when was the last payment
How much are we talking?

As is often said, sometimes less is more , the default will come off after 6 years and if nothing is happening at the moment you may not want to poke them and remind them about it

Of course if you get a letter before action of an actual claim then you need to spring into action

[Smelliot77]

Re: Mercers

It has gone through MKDP and now owned by Hoist
they provided me with a bundle of documents including a copy of the DN from Mercers plus an assignement letter with no headed paper , which could be typed by anyone
last payment 2012 and it is over £5000 and they are. Dry much poked as in court soon

[warwick65]

Re: Mercers

Might be worth getting some legal advice.
[MENTION=87380]Diana M[/MENTION]

[Smelliot77]

Re: Mercers

Might be worth getting some legal advice.
@Diana M

Thanks, can’t really afford legal advice at the moment , so spending all my spare time researching

[warwick65]

Re: Mercers

Well some firms do offer free initial advice. Might be worth talking to someone

[Diana M]

Re: Mercers

It has gone through MKDP and now owned by Hoist
they provided me with a bundle of documents including a copy of the DN from Mercers plus an assignement letter with no headed paper , which could be typed by anyone
last payment 2012 and it is over £5000 and they are. Dry much poked as in court soon

Hello

Have you received a court claim and do you have a Hearing/Trial listed ?

Your post suggests that may be the case since you say "in court soon".

What stage have these proceedings (if issued) reached?

Hoist are unlicensed so you may have other legal arguments to add to the ones you've already pleaded (what have you pleaded so far and have you filed a Defence?).

Mercers ceased trading so that may be another legal issue in relation to the Default Notice.

Without knowing the history of this debt/account it's difficult to advise you, but I will reiterate that Hoist are unlicensed and Mercers ceased trading.

Di

[Smelliot77]

Re: Mercers

I am conscious the DCA May look into posts and saying too much may weaken my case
i currently have a lot of time on my hands so spend a lot of time researching
i successfully overturned judgement as intiially lack of evidence, so what was missing is now sort of provided but I do not think it legitimate
interestingly Mercers filed dormant accounts for 2013 and 2014

[nemesis45]

Re: Mercers

I am conscious the DCA May look into posts and saying too much may weaken my case
i currently have a lot of time on my hands so spend a lot of time researching
i successfully overturned judgement as intiially lack of evidence, so what was missing is now sort of provided but I do not think it legitimate
interestingly Mercers filed dormant accounts for 2013 and 2014

Did Mercers produce A Default notice? If so was it on Mercers letterhead?

nem

[warwick65]

Re: Mercers

Did Mercers produce A Default notice? If so was it on Mercers letterhead?

nem

Read post #1

[nemesis45]

Re: Mercers

I am conscious the DCA May look into posts and saying too much may weaken my case
i currently have a lot of time on my hands so spend a lot of time researching
i successfully overturned judgement as intiially lack of evidence, so what was missing is now sort of provided but I do not think it legitimate
interestingly Mercers filed dormant accounts for 2013 and 2014

Did Mercers produce a Default Notice? If so was it on Mercers Letterhead?

nem

[Amethyst]

Re: Mercers

As Warwick said, yes, read the first post.

provided a Mercers default notice .... it is on Mercers headed paper, must it come from Barclaycard as they are listed as creditor on the notice

[Smelliot77]

Re: Mercers

As Warwick said, yes, read the first post.

As I said earlier, I have been spending a lot of time on this and I am a very organised person and tonight I found a bit of gold dust in my files.
I am concerned at the evidence that has been sent and it begs me to ask the question that when is a singed application form not useable as evidence? And so without that evidence Shelby the matter cannot proceed

[warwick65]

Re: Mercers

Hi
It really is very difficult to answer any of your questions without the full picture

So, am I correct in saying they gained a default judgement which you were able to get set aside ?

Now they are going through the process of legitimately trying to gain a judgement against you ?

I am not sure if I understand what you mean when you say can a signed application form not be used in evidence

A great deal depends on the case and the backstory , for example is it small claims or fast track, when was the account opened , what the signed application form contained

Then of course there are other questions such as the default notice and maybe the assignment

BUT

It is not enough (usually) to go into court and say this is wrong and that is wrong, you need to be able to explain why this and that are wrong and what that means in law

[Smelliot77]

Re: Mercers

Hi
It really is very difficult to answer any of your questions without the full picture

So, am I correct in saying they gained a default judgement which you were able to get set aside ?

Now they are going through the process of legitimately trying to gain a judgement against you ?

I am not sure if I understand what you mean when you say can a signed application form not be used in evidence

A great deal depends on the case and the backstory , for example is it small claims or fast track, when was the account opened , what the signed application form contained

Then of course there are other questions such as the default notice and maybe the assignment

BUT

It is not enough (usually) to go into court and say this is wrong and that is wrong, you need to be able to explain why this and that are wrong and what that means in law

Sorry if I am cryptic
i have found that the application form is the same one that was previously used in a separate action for a different account opened in 2009 I think
it is small claims and I successfully had the default judgement set aside due to the failure of the claimant to provide a copy of the original DN, which they have now done 3 hours before the deadline imposed by the court
the assigment is a letter on blank paper with no company heading which the judge ruled in my favour was not sufficient
it was set aside on those arguments, but I gave subsequently discovered the issue with the signed application form which was used in evidence in a different unsuccessful claim by a CCA
howevrr, I do not wish to divulge to any specifics as others have said that the DCA’s may look at this site