Please advise - Claiming Back DCA costs

HowdyDoody · 21st January 2007, 22:08

Hello,

This is my first post to the site. I am currently pursuing my claim with Barclays Bank. Copies of statements recieved (in time and for no fee - so far so good!).

The real question....

I am also just about to embark on my claim with Barclaycard. I have all my statements. I paid just over £200 a few years ago to a DCA (Mercers). When i purue my claim do I claim back from Barclaycard for illegaly instucting a DCA to collect a charge that they were not entitled to claim.

Or....

Do I claim directly from the DCA for taking this charge. Or have i forfietted this cash because i paid it at the time?

This may well have been discussed before - so apologies if this is the case. All help/advice greatly appreciated.

Thanking You,

HowdyDoody

lookinforinfo · 23rd January 2007, 03:31

You can claim back any part of the £200 that consisted of unlawful charges
from Barclaycard. You may be able to claim back something from Mercers if they added charges of their own that they were not entitled to.

HowdyDoody · 23rd January 2007, 11:24

Thank for that.

I think the majority of the charges were from Mercers. So i will do that. Thanks.

Also a a humourous point i thought i'd tell you that my BC account manager was called Susan Leach. Made me chuckle anyway!

poochball · 23rd January 2007, 22:16

You should be able to get the Mercers charges back. I wrote to Barclays about charges 1st Credit imposed on me and Barclays refunded them back to the account I was paying...

HowdyDoody · 24th January 2007, 18:08

Alright. I think i might try to get the money back from BC first - after all they did enable someone to collect the 'debt' unlawfully - if they refuse i'll try direct to Mercers (if they still exist!). Tis all a bit confusing

.

Thanks guys.

KHMcBey · 25th January 2007, 22:07

Quote:

Originally Posted by HowdyDoody

Alright. I think i might try to get the money back from BC first - after all they did enable someone to collect the 'debt' unlawfully - if they refuse i'll try direct to Mercers (if they still exist!). Tis all a bit confusing

.

Thanks guys.

Oh, they exist. Chased me not long ago!

PriorityOne · 25th January 2007, 22:24

Quote:

Originally Posted by HowdyDoody

Alright. I think i might try to get the money back from BC first - after all they did enable someone to collect the 'debt' unlawfully - if they refuse i'll try direct to Mercers (if they still exist!). Tis all a bit confusing

.

Thanks guys.

Who owns the debt ? Barclaycard or Mercers ? Have you issued a CCA request to Mercers to find out if they legally own the debt ?

HowdyDoody · 26th January 2007, 14:55

Quote:

Originally Posted by KHMcBey

Oh, they exist. Chased me not long ago!

Hi,

I don't suppose you've got any contact details for them have you?

Ta

HD

HowdyDoody · 26th January 2007, 15:00

Quote:

Originally Posted by PriorityOne

Who owns the debt ? Barclaycard or Mercers ? Have you issued a CCA request to Mercers to find out if they legally own the debt ?

Well i've paid the debt now (it was a couple of years ago). So nobody really owns it. I'm missing some information from a few missing statements so i've got to do Data Request for these missing statements.

Can i still use a CCA request if the debt is clear? As i've got to do the Data Request anyway could i ask them to include any debts they have passed on - and to who they passed them on to?

Any suggestions greatly appreciated...

Ta

HD

PriorityOne · 26th January 2007, 15:03

The information that you need all comes under the Subject Access Request.... they have to give you details of all information under the Subject Access Request.

KHMcBey · 26th January 2007, 16:23

Quote:

Originally Posted by HowdyDoody

Hi,

I don't suppose you've got any contact details for them have you?

Ta

HD

I'll have a squint through my documents, should have something!

HowdyDoody · 26th January 2007, 16:37

Thanks guys....

PS. Priority One - would you specifically ask for information relating to Mercers - or should the Data Request standard letter (in the library) cover referrals to Debt Collection Agencies.

Ta

KHMcBey · 26th January 2007, 17:06

According to what I can find out, Mercers share the same address as Barclaycard's data controllers. Mercers are a part of Barclaycard, not a seperate company. I seem to remember them having the same address on my documents, which I appear to have shredded once I settled the debt (through claiming back the charges lol). Mercers are very difficult to find - someone on another board reported that they have filed "dormant" reports with Company House for ages. Surprising considering they wrote to me about three months ago!

HowdyDoody · 26th January 2007, 17:24

Very interesting... thanks for that

Sneaky little blighters aren't they! (polite phrasing for benefit of those who may be easily offended)

So i will request the data from BC, and send another data request to Mercers at Barclays address. That should cover all my bases.

I'll do a little research on Mercers with Companies house. If they are indeed dormant i'll claim it all from BC. My gut instinct tells me Barclays have a pool of in-house DCA's that they rotate around for this very reason!

Thanks

HD

PriorityOne · 26th January 2007, 18:01

Quote:

Originally Posted by HowdyDoody

Thanks guys....

PS. Priority One - would you specifically ask for information relating to Mercers - or should the Data Request standard letter (in the library) cover referrals to Debt Collection Agencies.

Ta

Your S.A.R - (Subject Access Request) covers all data that is held about you, so you should get the lot.

While you are checking at Companies House, you may also want to check to see if Mercers are registered with the Information Commissioners Office as a data controller... and if they have filed dormant company accounts.

Laiste · 26th January 2007, 20:33

Hi Howdydoody,

The address for Mercers is PO Box 55, Liverpool, L32 8XX. The tel no is 0870 410 0385. There is a fax no which is 0151 549 7997. According to the details I have, their registered address is Citypoint, One Ropemaker St, London EC2Y 9SS. Registration No is 2550639.

I hope this info is helpful!

Laiste.

Seahorse · 26th January 2007, 22:43

I have a funny feeling that, although Mercers chase you for the money, it's Barclaycard that it goes directly to. I think I've spoken to Mercers before when I got a letter from them (bear in mind this was years ago) and they told me to phone Barclaycard. I THINK all they do is the chasing and threatening, so it's still BC who should be Subject Access Request'd.

I hope so anyway, as I'm going to be chasing BC for unlawful charges in a couple of weeks time when I get home.

Seahorse

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