whats the latest status on a mercers default notice

[cupidstunt]

Has anyone been successful in court claim defence.

Has it been determined if a mercers DN is invalid due to them being agents and not owner/creditor

Legislation states it has to have the owner/creditors full name and address.

Is this sufficent to get a claim dismissed

thanks for any help, no way of paying if this goes wrong so clutching at straws in the hope of overturning this claim.

[MIKE770]

Re: whats the latest status on a mercers default notice

Mercers Debt Collectors - Part of barclays -

[pt2537]

Re: whats the latest status on a mercers default notice

Has anyone been successful in court claim defence.

Has it been determined if a mercers DN is invalid due to them being agents and not owner/creditor

Legislation states it has to have the owner/creditors full name and address.

Is this sufficent to get a claim dismissed

thanks for any help, no way of paying if this goes wrong so clutching at straws in the hope of overturning this claim.

The
Default notice must have the name and address of the creditor, not their agent, friend, or other, and the creditor is defined in the Act see s189, so yes it must have the name of the creditor and their address not MERCERS as they are a separate company

The High Court in Harrison ruled that a bad notice cannot lead to enforcement, so yes should be enough to kick out a claim but that is for the Court to determine at the end of the day

[cupidstunt]

Re: whats the latest status on a mercers default notice

Thanks ever so much for your help.

I,m also looking over the application/agreement and legislation to find some more points I may be able to use.

[warwick65]

Re: whats the latest status on a mercers default notice

Cupid
As I suggested on another thread it may help to get some details of the claim
Is it current?
Are you trying to appeal
There is more than one way to skin a cat

There are lots of reasons why a debt may be unenforeceable, if it is a sizeable amount it may help to get professional advice

General questions will not get specific answers

We have seen on here people lose cases because they aren't able to tell the judge what the impact of a fault is - judges do not know everything and they need guiding in the right direction
Luckily some do know what they are doing even when the barrister hasn't got a clue but that was not a money claim

[cupidstunt]

Re: whats the latest status on a mercers default notice

Old Barclaycard debt 2006

Over £15000

creditor taken out claim and after 2 unless orders supplied docs

application form
default note from mercers
some statements

I have used a holding defence but as they have now replied to unless order and s.78 request, I believe I have about 14 days left to file a defence.

[warwick65]

Re: whats the latest status on a mercers default notice

At 15K I think professional advice may be a good idea especially as you are looking at a fast track claim which can come with costs

As PT i think it was mentioned the DN must have Barclaycards name on it and not Mercers but there is a lot more to it than just that