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.
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Just been contacted by Mercers via telephone, not a very nice call. Strangely I am able to pay my Barclaycard Bill however have fallen a bit behind. I can offer a considerable arrangement on a £3000+ debt. I would rather deal with barclaycard, is it possible to get the account returned to them, or can I simply ignore mercers and continue to pay barclaycard.
Also, I have read some very disturbing things about Mercers and if the account cannot be returned to Barclaycard do you have any advice on how I should deal with them.
Well Mercers & Barclaycard are the same company! They just choose to become Mercers when any payments are missed!
The first thing you need to do is establish whether they have a legal right to collect the debt, to do this you need to send a CCA Request to Mercers along with a £1 payment fee, preferably as a postal order if possible. The CCA letter can be found here http://www.consumeractiongroup.co.uk...templates.html you need Letter N.
I would also add the following sentence to the top of the letter
I acknowledge no debt to your company.
I would also advise you not sign the letter, some companies have been suspected of scanning signatures onto agreements! Printing your name should suffice
Thanks for the reply I appreciate it. Unfortunately at present I dont have their address. And somehow I doubt they will be forthcoming on the telephone. That aside, what outcome am I hoping for when I do this ?
There are a several outcomes, it really depends on what the response is from Mercers/Barclaycard. Basically, they must have a copy of the original agreement you signed to enforce the debt and it must contain certain prescribed terms for it to be enforcable, if not then legally the debt is unenforcable and they cannot chase you for payments.
I have noted your comments that you would like to offer an arrangement to clear the balance which is why i would suggest you send the CCA request and also come up with a realistic figure you can afford to pay off each month, send the request and also make the payment.
Then, depending on whether barclaycard have an agreement and whether it is enforcable you will be in a much stronger position to either dispute the debt completely, possibly offer a significantly reduced Full and final settlement offer or a more permanent payment plan.
Agree with everything you've been advised, don't forget, don't sign the CCA request and send a postal order for £1. Unfortunately my family's experience of Barclays/Mercers is not a positive one and we have found them very unhelpful. If they do not come up with the real McCoy of an agreement after 14 working days, stop paying them and after a further 30 calendar days they will be in criminal default, its not easy and goes against the grain when you are an honest person used to people dealing fairly with things but unfortunately its not a level playing field!
When you get a reply sign up to one of the imaging sites such as photobucket and post up the "agreement" removing all personal details first so you can ask other CAG members for their honest opinion on the legality. Good luck
@clutchingstraws - I can probably from the end of the month clear the debt in 12 - 18 months.
I am still unclear about certain aspects of this, ultimately I can pay this over time . Am I delaying the inevitable with letters and such ? My main concern is that Barclaycard have my works number and will pursue me there.
Has anybody managed to achieve anything by asking for the CCA ? And if they are in criminal default, what does that mean ? What am I hoping to achieve with this ? Advice is greatly appreciated , but to make a decision I need possible outcomes of courses of action.
edit - just re read shanes post and understand the reason for sending CCA sorry
No worries Lannister, it can be quite confusing especially when you first start looking into it.
Send the request by recorded delivery so have proof of postage, they then have to respond to you within 12 days else they are in default, if a further 1 month passes and they haven't responded they committ a summary criminal offence.
When you get a response from them, post up the details here and we can advise further
no one is propounding debt avoidance and CAG should never be seen to do so. I am merely laying out the facts and possibilities available to Lannister in his/her situation.
Im not seeking to avoid it simply tired of being bullied by ppl like this. Tired of the stress & worry, the banks etc simply doing as they please regardless of the law. Ive tried to make agreements but been stonewalled and transferred and hung up on by call centre staff in India. Refused to let me speak to other ppl and explain, left me on hold till I had to hang up, refused to let me speak to a supervisor, hung up on again, transferred to no one, hung up on again, transfered to no one, hung up on agian, tranfered to no one. Told I swore ???? hung up on, transfred to no one. Refused to transfer me etc....
And now I face being phoned repeadatly and abused by a company that may not be legal for a debt that I am prepared to pay. What I find most frightning is that these are the organisations dealing with ppl who lack the life skills to counter this. I`m digging my heels in here for what its worth. Id be surprised if these clowns new where South Wales was let alone had the balls to send someone here.
I know exactly how frustrating it can be, have dealt with barclaycard/mercers as well as their many DCA'S like Cabot, RMA, NCO to name but a few.
With regard to phone calls you can send the letter below to them:
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)
Mercers & Barclaycard Help
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Originally Posted by Lannister
