Trouble with Meritforce

Vagabond_UK

Anyone?

Someone on another forum said i should ignore it and wait for the CCA, but I'm concerned about Merit Finance's stance about the debt relating to a bank account (which I suppose in a way it is) and 'ignoring' the loan part of the debt.

Can they just lump everything together (loan + overdraft) and pass it off as a bank account debt?

Vagabond_UK

* bump *

Someone on another forum said i should ignore it and wait for the CCA, but I'm concerned about Merit Finance's stance about the debt relating to a bank account (which I suppose in a way it is) and 'ignoring' the loan part of the debt.

Can they just lump everything together (loan + overdraft) and pass it off as a bank account debt?

Vagabond_UK

This has reared its head again, and MERIT FINANCE has contacted me again to express their disappointment that they haven't yet received payment and now have go-ahead from their client to begin proceedings, despite not yet honouring my CCA request - they still maintain that the balance is a bank account debt, and not primarily a loan debt.

I've drafted the letter below in response. I'd be grateful if anyone could advise further.
===

Thank you for your letter of 08/02/08, the contents of which are noted. I refer you to my response which was received by your company on 29/10/07.

In my response I made a formal request for a copy of the signed, executed credit agreement for the above numbered N/057 account under section 78(1) of the Consumer Credit Act. In addition a statement of my account should be sent along with any other document mentioned in the credit agreement.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence.

I am somewhat bemused as to your misrepresentation in this matter; you seem to infer the outstanding balance relates to only a bank account overdraft, when in actual fact the sum is largely made up of a personal loan and therefore in part falls within the remit of the Consumer Credit Act.


While I do concede a small amount of the outstanding balance may be made of penalty charges, I hereby inform you once I have ascertained the full extent of these I will be claiming them back as they are unlawful at common law. As a result, the original creditor has been issued with a Subject Access Request.

Until you comply fully with my request this account remains in dispute. In accordance with the OFT guidelines on debt collection you must not take any further action until the dispute is rectified. Should you contravene these guidelines I will not hesitate to launch a complaint with Trading Standards, the Office of Fair Trading, Financial Ombudsman Service and the Information Commissioner.

I would appreciate your due dilligence in this matter

Regards,
me
===

Any further advice greatly appreciated.

Thanks,
Me

sallygill

i have had a letter from merit finance regarding a county court judgement they have on my sister they are threatening that if she/i dont contact in 7 days the baliffs will attend with a view to seizing goods this will cost her another £100 at least she has not worked for 2 yrs due to mental health issues and is under a psychiatrist can they do this she only gets incapacity and dla

GeorgeUK

Sally, i'd advise starting a new thread so that more people can provide information on your specific requirements. I'd title it something like "Bailiff , CCJ and incapacity benefit" so that people will know what the thread is about.

BIGGCC

Sally.

That letter is a ploy to get you to respond. Write to them admitting no responsibility and ask them when the CCJ was issued. If she hasn't had any contact over the last 6 years then the CCJ has expired and is not enforcable also the debt will be statute barred Also only the court can authorise a bailif to enter your premises

MoodyC*w

I had Mackenzie Hall people pester me for a while, now it has progressed to a Meritforce Letter. (Note the letterheads, very similar type etc)

The only correct thing about my letter was the address. The person it was addressed to, has had no involvement with my address at all. I knew the only other previous occupants and it had no connect to them either. The debt itself has now only been noted in the later letter. The only similarity is that I have had a Telewest account (as has a large number of other people) It is now Virgin from where it transferred! I had never run up any debt; I always paid by d/d! I think its a bit poor on them that they did not get the facts straight before writing such trash. I have done a credit check just in case my address may have been used etc, but all is clean. I believe that they will try any means possible to get any amount of money from people. They, from what I see of the forums, seem to pick on persons of whom has had old debt in the past. They are now praying on these individuals to use this as a means of getting money. They are scraping the barrel a bit in forwarding incorrect claims, such as mine. I am not sure who the person is for which my letter was addressed to, but one thing is for sure, they have never been associated with my address!

My most recent letter indicates I will be having a DC visiting. It requires me fill out the standing order to avoid this. Unfortunately the letter came AFTER the requested first payment, a joke really! Anyway if anyone does visit I will definitately call the police; for tresspass, intimidating behaviour, BOP and such like. Watch this space, I may even looking into suing them now, as they are deliberately setting out to cause intimidation and unnecessary anxiety at whatever cost.

My advice is, to do what I am doing; Do NOT ring them, Do NOT give them your correct name (unless they have already) Do NOT give them ANY additional information, however small. I would not even write to them unless you are not divulging anything they do not already know. I would report them as advised on previous threads, to your local TS, the OFT and Financial Ombudsman Service and let them deal. Copy the letters for reference and provide originals if required.

Soon as the letters arrive, send them back unopened, cross out the name and address and put "Return to sender - not known at this address" on the envelope (if applicable) or copy letters and forward them as above. DO NOT PHONE THEM!!!!!!!! as stated in other posts, once you phone them they have confirmation from you that the letter they sent has been acknowledged and more mail will arrive!! They could also try to acquire additional information from you!!

ABOVE ALL, DON'T WORRY OR PANIC!

dan111

hi there,

i have just registered with the forum as i was seeking some advice about mckenzie hall.

my parents got a call yesterday ( at their home which i moved out of about 2 years ago ) asking for me to call them with a reference number etc and it was urgent, my parents didnt give any info away and told me about the call.

i looked them up on the internet and obviously now see that they are a strange bunch.

I own a house which i have lived in for the past couple of years so they obviously have not got up to date records on me, and also i did an experian credit check on myself this morning which shows up no debts, miss paymets etc on any account or direct debit ever.

would this put me in the clear, i dont want debt against my name so would want to sort i out if i had some. but at the same time i do not wish to enter any relationship with mckenzie hall if i dont have to.,

so to sum up, if i have no recollection of any debt - and experian shows no sign of it as well in my credit history. So am i ok to leave it alone.

im only 24. i know there is a rule about debt over 6 years being written off, but it cant be over 6 years old as that would make me under 18 when i got it - so im concern i have a mystery debt in the last 6 years that i owe and the only way of finding out about it, is to engage with mckenzie hall?

any advice would be much appreciate..