Default Removal

rizel23

A drama with Barclaycard is dragging on. Account taken out between 2002-2004.

Short story.

CCA requested.

Nothing provided by Barclaycard

SAR Made;

No CCA present, just copy of old application form with no real relevant terms

http://i26.tinypic.com/1zppq44.jpg

Account in Dispute Due No CCA

Mercers defaulted me;

http://i32.tinypic.com/whjxww.jpg

From what i understand it is defective as it does not list the original creditors name or address and the time to rectify was not sufficient (2 days short due to bank holiday)

Account has done the rounds, and sold to Lowells last year with a Notice of Assignment issued;

http://i51.tinypic.com/2s0g0pd.jpg

Lowells have given up and are re selling on as they known and i know no payment will ever be made as the account does not hold a CCA.

Can anyone please advise on best way to get this faulty default removed?

Thanks

chanz4

I have spotted several times the default notice stating barclay card, the notice period also does not have to give more days for bank holidays

rizel23

chanz4 wrote: »

I have spotted several times the default notice stating barclay card, the notice period also does not have to give more days for bank holidays

The Default dated the 27th August (a Thursday) so 1st Class post requires 2 "working" days before its deemed served, so it would not been deemed served till the August 31st (Which it can not be as its a Bank Holiday and there is no post) , which gives me from the 1st to the 14th September to pay, but the notice states before the 13th making the last date for remedy the 12th, so they only gave me12 days to remedy NOT 14 as required by law.

rizel23

It also needs to clearly list the full address and name of the creditor/owner;

SCHEDULE 3

FORM OF NOTICE TO BE GIVEN IN NON-DEFAULT CASES BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED TO
TERMINATE A REGULATED AGREEMENT

Regulation 2(3)

Details of agreement

1

A description of the agreement sufficient to identify it.
Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and a postal address of the debtor or hirer.


http://www.johnpughschambers.co.uk/Consumer%20Credit%20%28Enforcement,%20Default%20and%20Termination%20Notices%29%20Regulations%201983.pdf

Mercers are not the owner of the debt. This is confirmed by the formal issuing of a Notice of Assignment issued by Barclaycard (not Mercers) to myself at a later date.

rizel23

Strange isn't it when you re read Legal Documents.

Seems it is also defective under point;

s.87 - Need for default notice

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

it appears nothing about the above is listed on the Defult. So i think if I'm correct i now have three very clear and good points to have this Default removed ASAP.

rizel23

Any advise from the Sunday crowd?

rising_from_the_ashes

Apart from the obvious one .... you didn't stick to the original t&cs of the agreement which is probably why the default was issued in the first place.

I'm unsure as to how the time delay will affect things (eg if you have 14 days to respond - it's now several months later so you really should've done it at the time).

pure_dead_dopey

to be honest its unlikely you'll get the default removed, i know there is no CCA and a faulty default and probably a faulty notice of assignment, but unless you are prepared to take them to task, which no one would advise, I would quit while I'm ahead. As long as you have been careful with your letters and haven't admitted the debt and fend them off at every attempt to collect, it will become SB, 5 years after last payment in Scotland, 6 in England. is this your only debt and does your credit report mean that much to you?