Kafka - v - MKDP (Barclaycard)

[nemesis45]

Re: Kafka - v - MKDP (Barclaycard)

Hi nem & Kafka

Only the creditor/owner can issue a CCA-compliant default.

http://www.johnpughschambers.co.uk/C...ons%201983.pdf

There was a specific case where a Mercers DN was challenged cannot find at present.

nem

[Kafka]

Re: Kafka - v - MKDP (Barclaycard)

This is a relevant thread.

http://www.legalbeagles.info/forums/...default+notice

- - - Updated - - -

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."

http://www.telegraph.co.uk/finance/p...t-letters.html

I don't have the file with me at present, so I will need to check the default details in a few days time.
As I recall, Mercers always tried to present themselves as being separate from BC. They also dealt with trivial cases and its simply lying to claim tht they only dealt with "more serious arrears".

[nemesis45]

Re: Kafka - v - MKDP (Barclaycard)

This is a relevant thread.

http://www.legalbeagles.info/forums/...default+notice


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."

http://www.telegraph.co.uk/finance/p...t-letters.html

I don't have the file with me at present, so I will need to check the default details in a few days time.
As I recall, Mercers always tried to present themselves as being separate from BC. They also dealt with trivial cases and its simply lying to claim tht they only dealt with "more serious arrears".

That's it.

The Mrecers DN's were not compliant anyway.

nem

[Kafka]

Re: Kafka - v - MKDP (Barclaycard)

My recollection is that the DN was actually OK apart from 2 points. Firstly, it was clearly sent by Mercers, and secondly, it wasn't sent for about 9 months after the 'relationship' had clearly broken down, so delayed the date for the DN on my credit files. They had been informed by me in writing long before the default that I wouldn't make more payments towards the charges, so they didn't need to drag out the default process to see whether I would be paying anything.

I never checked the validity of the credit agreement (from 2000) because I was never challenging the legitimacy of the account.

[Kafka]

Re: Kafka - v - MKDP (Barclaycard)

This one has been dormant for a year because I have been tied up with personal matters.

I need to progress this soon because the default will stay on the record until May 2019, and from January 2018 it will be the only mark on my credit file. For the first time in over 15 years I have a clear file then, apart from this default.

I've had the final response and they won't remove it. Although I challenged the legitimacy of the charges and the default notice from Mercers, the key issue here is that it is a default based entirely of default charges, which breaches the ICO's guidelines for defaults.. Significantly, their final response stated that they haven't breached the DPA but failed to address this specific point.

There is a very small amount of outstanding charges, not worth bothering about, so I intend to file purely for the default removal.

1) Should I file simply on the point that the default is entirely charges, or should I do the whole thing I did in the LBA regarding the legitimacy of the charges and the default notice as well?

2) What is the cost for filing this if there is no money being claimed?

[Brainmelt]

Hi Kafka
What has been the outcome?

[Kafka]

Hi Kafka
What has been the outcome?

Sorry for only just picking this up - I don't think I received a notification.

I have been tied up for the last year and more with two house moves and clearing and selling my mother's house, which dragged on endlessly. I planned last year to wait till that cleared to permit the time and money to fight this, but it all dragged on until two months ago. The default falls off in May anyway, so basically the delays meant it wouldn't have been through the court before it went anyway. It irks me, but that's how it went.

Regards
K

[MIKE770]

Set Aside Application

[MIKE770]

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Civil Procedure Rules