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
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Dont now if I am in the right place but here goes.
Have tried making a payment plan with Barclaycard (offered more then personal budget via National Debt Line) they wont entertain any offer and have instructed Mercers to obtain payment from me. I have phoned Mercers and explained the position to them i.e have been made redundant without any redundancy, holiday pay, notice pay or wages and have to go approx 6 weeks before I get the redundancy package (minimum) from the Government, all I get at the moment until this arrives is Jobseekers (£60 a week), Mercers said that the account is on hold for 14 days then someone will call, there is no way I'll have any money by then to get them off my back and in any event cant pay off what they demand in one go. what can I do, we are at our wits end. BC have been making phone calls everyday (the record is 11 on a Sunday). The line in our house is my husbands business line so cannot change the number easily, now Mercers have been given our number by BC we just dont know what to do. Help Please
HI there, I am dealing with Barclaycard on behalf of my partner and had to deal with Mercers like yourself. They will continue calling until they get a payment that suit them.
Someone more experienced should be along to help you soon but in the meantime you ought to consider sending a CCA request to Mercers and possibly a S.A.R. request to Barclaycard and see if there is any unlawful charges you can claim back.
There are numerous threads on here relating to barclaycard so have a read of them.
I am sorry I can be of no further help, but as I said someone else with more experience should be along to you soon.
Mercers and/or BC will hound you but most of it will be phone calls and hot air. Get used to refusing to answer their security Q's, tell them to communicate in writing only then hang up.
Do you have your statements to show how much you've paid in penalty charges over the last 6 years. If so, work out how much and enter them on a Site spreadsheet. Read the Reclaiming Charges Guide in Link No1 in my signature below.
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.
Thanks for the reply, I take it that by writing to BC i would be disputing the debt and therefore put Mercers on hold for the time being. With money due in approx. 6 weeks I could pay off the arrears and bring the account back into line. Should I consider asking for a ccj, they wont even entertain a dmp which I have proposed. Until the firm I worked for got into trading problems my financial affairs were spot on every month. We subscribe to the telephone preference service - should I throw this at them if they continue calling.
The CCA request, if not responded to by BC within the time allowed will put the a/c "in dispute".
There are letters you can send them but it probably want stop them calling altogether. So it's really best if you can just ignore them. Keep a log of every call they make, especially if their time is up to respond to your CCA request.
Should I consider asking for a ccj
Not sure what you mean here. If BC/Mercers get bored waiting for you to pay, they could start action to get a CCJ against you but they're usually slow to do this.
By then, you'll know if they have the nec'y Credit Agreement showing all the "Prescribed Terms". If they don't, they cannot enforce the agreement so they can't take you to court. If they've placed defaults against your credit records they will have to remove them.
This is the reason for demanding sight of the Credit Agreement - without it, or if it doesn't comply, they don't have a leg to stand on and you can repay the debt at a rate which suits your circumstances.
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.