Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default good afternoon i am new

    a very good afternoon,
    i hope you can help me, i was put in touch with CCCS my barclaycard
    when i could not keep up my payments, i have since had my telephone interview, completed my forms and returned them to CCCS, i also sent my notification of debt managementicon plan forms back to barclaycard. i havealso been in weekly contact with barclaycard on the telephone giving them my CCCS ref. no. and explaining what i was doing.
    yesterday out of the blue i received a very rude telephone callicon from Mercers saying they were going to "send round the bailiffsicon if i did not pay" i explained i was i contact with CCCS and barclaycard trying to sought this out.
    after this finished i telephone barclaycard but of course on a saturday
    night at 7.30, not much joy, but a very helpful lady did register my complaint and told me to phone back on monday.
    i of course did try to phone CCCS but they are closed on sat/sun.
    sorry to go on but this has now really worried me.
    a couple of questions really. can Mercers really send round the bailiffsicon,
    i have been in constant touch with barclaycard and explained eveything, why would they go to such drastic measures when they now im in a debt managementicon with CCCS.
    sorry to have gone on so much but this is really worrying me now.
    thanks winchester

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  2. #2
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    Default Re: good afternoon i am new

    good afternoon winchester,

    Don't panic!!!!!!

    In the morning, give both barclaycard, and CCCS a call, explain whats happened, and CCCS should be able to resolve this.

    Mercers are able to send a bailifficon, however, you don't have to let them in, thats the key point!- you don't have to let them in, so don;t!

    It is unlikely that anyone will come, especially at such an early stage, but nothing mercers do would surprise me.

    Just chill out, and resolve it in the morning. The CCCS are there to help, and they will sort this!

    All the best!

    AB123uk

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  3. #3
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    Default Re: good afternoon i am new

    Quote Originally Posted by ab123uk View Post
    good afternoon winchester,


    Mercers are able to send a bailifficon, however, you don't have to let them in, thats the key point!- you don't have to let them in, so don;t!

    AB123uk
    Unless there has been a county courticon judgement, Mercers ARE NOT able to send a bailifficon around.

    Mercers could send a collection agenticon around, who would be their employee, and who would exercise no powers. This collection agent would be tresspassing if he were to refust to leave after you tell him to go away. In such a case, you could call the police and tell them you believe a breach of the peace is imminent.

    The police would be obliged to turn up, and since the collection agent has no legal right to be on your property, would have to remove them.

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.

  4. #4
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    Default Re: good afternoon i am new

    Hi Winchester.

    Tomterm is correct. Mercers are neither more nor less than a division of Barclaysicon Bank and act as collection agents.

    They have no legal right to send a bailifficon and I doubt very much whether they would even bother to send a debt collectoricon, unless you owe a huge amount which, knowing their mean credit limits, I would doubt.

    On Monday call CCCS and ask their advice. I have found them to be excellent. Reading between the lines it sounds as though you are still in the process of setting up a debt managementicon Plan, in which case it is important to send Barclaycard a token payment of £1.00 every month until
    the dmpicon is set up.

    CCCS would have sent you a standard form to complete saying why you are unable to pay at the moment - have you sent that to Barclaycard?

    By the way call CCCS at 8.00 a.m. on Monday as it can be extremely difficult to get through at times - failing that wait until, say, 5.30 p.m.

    They have worked well for me, so I see know reason why they shouldn't do the same for you.

    Incidentally, it would probably be helpful if you asked a moderator to post this thread on the Barclays forum - you will get more specific advice there.

    I'll follow your case, and if you feel I've been of any help please give my scales a click (that's the grey blob between the green globe and the red triangle at the bottom left.

    Good luck and regards.

    Vandermerwe


  5. #5
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    Default Re: good afternoon i am new

    Good morning Winchester

    Cheer up - this is CAGicon power in action!

    Forgot to say last night you must inform Barclaycard/Mercers by letter, keeping a copy, and sending by recorded delivery (though goodness knows when they will get it this week) that you will no longer accept telephone callsicon from them, and all future communications must be in writing.

    Do keep us posted!

    Have a good day.

    Van


  6. #6
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    Default Re: good afternoon i am new

    thanks for all your help on here, i have phoned CCCS this morning and they have said to ignore Mercers and if they continue to harass by phone to tell them that i amrecording the calls.
    is this a good idea?. and yes please if this could also be put on the barclaycard/Barclaysicon forum please.
    thanks winchester


  7. #7
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    Default Re: good afternoon i am new

    sorry forgot to say also phoned barclaycard or so i thought ,but was speaking to a very helpful lady at mercers?? told her about sat phone callicon, and that i was not going to accept phone callsicon from them only deal with them in writing.
    will this suffice or do i still write to them saying this.
    thanks winchester


  8. #8
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    Default Re: good afternoon i am new

    Hello again Winchester:

    Great minds think alike!!

    From what I know a moderator picks up this thread and automatically transfers it.

    Wonder which one of us posted first?

    Regards as before.

    Van


  9. #9
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    Default Re: good afternoon i am new

    Welcome Winchester, i will get your thread moved. There are some links below to help you.

    Uk

    Some useful links.
    FAQ's
    Making Posts
    Letter Template Library
    Bank Contact Details
    AQ Guide to Completion
    Court Fees
    Data Protection non Compliance
    Witness Statements for Court Bundle
    Banking Code Website
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  10. #10
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    Default Re: good afternoon i am new

    good evening,
    i received my pack from CCCS last week also informing me that they have written to barclaycard, so much to my surprise or maybe not this morning received another phone callicon from mercers virtually demanding my bank details so they could take a payment next week of course i refused. straight away phoned CCCS and yes they wrote to barclaycard last week informing them of my debt planicon.
    then this evening another phone callicon from mercers what can i do please.
    winchester


  11. #11
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    Default Re: good afternoon i am new

    Write to Mercers , point out they are in breach of OFT guides re collection. I'll find and return with link.

    Slick

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  12. #12
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    Default Re: good afternoon i am new

    Hi Winch'r

    Have a looki in here - http://www.consumeractiongroup.co.uk...ollection.html

    You should find this helpful and can write to Mercers quoting the relevant sections where they are in breach of OFT Guidelines.

    Come back for help if unsure

    Slick

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  13. #13
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    Default Re: good afternoon i am new

    So every time the 'phone rings it causes you unnecessary anguish. This will help. Good luck with your claim. Just remember credit cards are not covered by the test case so it is business as usual.
    http://www.consumeractiongroup.co.uk...se-letter.html

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