Mercers Default Notices

[arklst1976]

Hi all,
What's the score with DNs issued by Mercers?

They sent me one a few years back, then Barclaycard terminated the agreement, then it was assigned/sold to MKDP, then it was assigned/sold to Hoist.

Just trying to line up points for defence.
Thanks

[Diana M]

Re: Mercers Default Notices

Just trying to line up points for defence.

Have you received a claim from Hoist? If so what stage has that reached?

You have another thread about a Mercers' DN.

It's easier to answer direct questions rather than hypothetical ones.

What will matter most is any DN disclosed by the Claimant not one you recall getting in the past prior to the debt being assigned to a debt purchaser who may not have access to the same information from Barclays as you.

Depending on your situation you may like to send a SAR to Barclays to see what information is currently held in their files.

Di

[arklst1976]

Re: Mercers Default Notices

Thanks, it's worth sending a SAR.
No claim from them yet, but it'll be SB in less than a year, so I have no doubt they'll try it on.
I kept nearly all paperwork including the DN from Mercers.
Some people mention the fact Mercers sent it and since they're a separate legal entity and not the owner of the debt it's invalid.
Others say they are missing vital prescribed terms (including reference to OFT) making them invalid.
Just trying to clarify issues and have as much info as possible to take to a soli to fight my corner.
Thanks

[Diana M]

Re: Mercers Default Notices

but it'll be SB in less than a year . . .

. . . Some people mention the fact Mercers sent it and since they're a separate legal entity and not the owner of the debt it's invalid.
Others say they are missing vital prescribed terms (including reference to OFT) making them invalid.

It's not possible to give a definitive answer to your question since the issues surrounding Mercers' DNs can vary according to the year in which they were issued and the wording on the template at the time. There is a potentially fatal flaw (i.e. cannot be remedied retrospectively) but it's not necessarily applicable to all of them.

I'm not going to reveal the details on the internet partly because it's a 'trade secret' and partly because if misunderstood it could harm someone's Defence if presented to the court incorrectly.

If you've not got a claim it makes sense to line up all your ducks in a row in advance so send for that SAR. But if you speculate that the debt will be SB soon then you also need to keep your eye on the ball to prevent a claim on the final stretch. Hoist can be very litigious.

Have you ever sent a s 77-79 CCA Request to anyone in relation to this debt?

Di

[pt2537]

Re: Mercers Default Notices

As Di Says its difficult to say much without having sight of the DN, ive challenged these DNs previously, cases like HFO v Wegmulller and MKDP v Beaumont Hayes and also Power show that the DNS can be challenged.

There are numerous errors that can be made with a Default Notice, and Mercers did have a habit of making lots.

Do you have a copy of the notice you can post so we can perhaps scrutinize it?

[arklst1976]

Re: Mercers Default Notices

Hi
Totally understand the need for keeping things underwraps.
Barclaycard sent me my application when I requested agreement docs - this isn't legible - cannot recall if it was an actual s77-79 request...I'll get this done.
I'll scan and post the Mercers DN next week.
Thanks again

[Diana M]

Re: Mercers Default Notices

Barclaycard sent me my application when I requested agreement docs - this isn't legible - cannot recall if it was an actual s77-79 request.

Hoist may not have access to the same information as you received from Barclaycard.

Normally I would say if you've received a response to a CCA Request which is non compliant then nothing is gained by sending another while the account remains in default of your request.

But you're unsure whether you sent a formal CCA Request with the £1 statutory fee so it makes sense to send a new one to Hoist.

Are you receiving letters from Howard Cohen by any chance?

Di

[arklst1976]

Re: Mercers Default Notices

Hoist may not have access to the same information as you received from Barclaycard.


Are you receiving letters from Howard Cohen by any chance?

No
When they first made contact some months back, I told them the Agreement was unenforceable in my opinion.
I've heard nothing since
Cheers

[Diana M]

Re: Mercers Default Notices

When they first made contact some months back, I told them the Agreement was unenforceable in my opinion.
I've heard nothing since

I hope you didn't tell Howard Cohen why the credit agreement was unenforceable in your opinion. You wouldn't want to give them the heads up on how to reconstitute one.

That's why I suggested you send a SAR to Barclays because you will be able to compare notes if you are faced with a recon which must be 'honest and accurate'.

Also you've said you're not sure that you sent a formal s. 77-79 CCA Request to Barclaycard (with the £1 statutory fee) so the debt won't be unenforceable if you didn't.

Send the new CCA Request to Hoist.

Howard Cohen rarely go quiet for long.

How much (roughly) is the outstanding balance because that may give you some indication of whether they intend to pursue the debt once they've done their homework behind the scenes?

Di

[mystery1]

Re: Mercers Default Notices

As Di Says its difficult to say much without having sight of the DN, ive challenged these DNs previously, cases like HFO v Wegmulller and MKDP v Beaumont Hayes and also Power show that the DNS can be challenged.

There are numerous errors that can be made with a Default Notice, and Mercers did have a habit of making lots.

Do you have a copy of the notice you can post so we can perhaps scrutinize it?

Doesn't come much bigger than putting Mercers as the creditor.

M1

[arklst1976]

Re: Mercers Default Notices

Hi
I didn't provide much detail to them, just that it fell flat on its face for various reasons in the CCA1974...
Only Hoist made contact, not Howard Cohen.
The alleged debt is just shy of £6K
I found my SAR and S78 from B'card amongst my other paperwork.
Included was what they believe is a recon s78 CCA. In a nutshell, they sent me an illegible Application form, then what appears to be a photocopy of a T&C booklet, then another set of Ts&Cs (I guess the up to date version).

[arklst1976]

Re: Mercers Default Notices

Hopefully, here's the DN

[arklst1976]

Re: Mercers Default Notices

Looking at Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983...this DN seems to miss the mark a few times

[arklst1976]

Re: Mercers Default Notices

Forgot to post up the other side of the DN where it does reference how to remedy, and the consequences if I don't and mentions OFT doc.
My last payment was December 2011.
Another point...in the SAR docs, B'card and Mercers and Calder reference this DN (April 2012) several times in the following months, then the account is sold in September 2012...
On Noddle, HPH2 are saying the account defaulted September 2012...
Is this significant?

[cupidstunt]

Re: Mercers Default Notices

Looking at Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983...this DN seems to miss the mark a few times

How are you getting on with this claim.

Would it be possible to let us know what you found that makes it invalid.

I'm in a similar circumstance and need to get some ammunition ie; find things wrong so the claim gets dismissed.

thanks for any help