Thread: Barclaycard/Mercers (again!) - next step?

Hi all.

Thanks to advice that I have seen on other peoples threads in this forum I have taken the first steps towards recovering fees on my Barclaycard debt. I sent a request for a properly executed CCA using the letter template on 1 Oct by Special Delivery (the first one was Recorded and was never delivered) and I now have proof of delivery dated 2 Oct.

However I have not received the CCA (no suprise there) and my account has been passed to Mercers, who have started their persistent calling and texting (although this has died off a bit recently). Today, I received a letter from Mercers stating that they have no alternative but to pass my account to a local debt collector who may call at my home to obtain full payment.

Can anyone advise what I do now? I presume that I now request all my copy statements from Barclays, and also write and tell Mercers that they are not welcome on my property, but is there anything else that I need to do at this point? As Barclays have failed to produce the CCA can I get them to withdraw their default information from my credit rating?

I'm sorry if I'm asking for duplicate info, but I didn't want to hijack anyone elses thread.

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Hello Galena!

First thing to do, is to send Barclays the Telephone Harassment Letter, and add the No Visitors Paragraphs at the bottom. Here's the Harassment Letter:

Harassment by telephone - response letter

Here's the No Visitor's Paragraphs, edit to suit your own situation:

In the event that you intend to escalate the above Harassment to include Doorstep calls by your Employees or your Agents, please be advised that under the Office of Fair Trading (OFT) Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as Written Communication is quite acceptable in Law.

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees or Agents or Representatives to visit me at my property and, if any of the above does so, your Company will be liable to Damages for a Tort of Trespass and Civil Action will be taken

Send that to the head of the viper, i.e. to the following:

The Company Secretary
Barclays Bank plc
1 Churchill Place
London
E14 5HP

Barclays have been known to play silly games if you send anything important to any of their other myriad of Addresses, so always send anything important to the above. That is their Registered Office. It is where the buck stops, and they cannot say the Letter was not addressed correctly.

Remember that Barclaycard, Mercers Debt Collections Ltd, Barclays Life etc are all part of Barclays Bank plc.

Even if another Department writes to you, send everything to The Company Secretary, and let them route the Letter within their organisation. Just add any References, and refer to what ever was the last Letter you received from them, and they'll figure it out.

Once the Harassment/No Visitors Letter is off, then sit back and Log all of the Harassment Calls you get. Record them if you can, i.e. any Messages they leave.

Don't speak to them if you can possibly avoid it. They cannot be trusted on the Telephone, especially Barclaycard/Mercers (same people).

If you do take any Calls, then try to get their full names, and the full name of the Manager who authorised the Call. Names are good. You want names! Then hang up.

If they do then send someone to visit, it's deliberate Trespass. Just get their name, and tell them they are Trespassing, go away (or what ever words you wish to employ). Call the Police if they don't leave immediately.

The above should get you back in control. After that, I regret it will be a case of holding your nerve, and being persistent asking for what you want. All the time they will keep calling (near impossible to stop that, at last initially), so just be aware that will continue for now.

How you take it from there is then a case of reading the various CAG Threads where others have gone after them for the same things. See how others have handled it, and follow in their footsteps.

Good luck with it!

Cheers,
BRW

Galena, excellent advice as always from BRW, look in the templates library, all the letters are there, quoting the relevant Statutory Acts/Laws, it worked for me, what a relief!!!!!!!!!!!!! Don't accept their bullying tactics because that's all they are and they are not ALLOWED to do it! Good Luck and be strong!

Many thanks, and thanks also for the address. I wondered whether that was the problem with my first CCA request, so I sent the second letter to a slightly different one, but I confess I wasn't sure if either were right!

So I don't need to bother contacting 'Mercer' at all then; I can send it all to Barclays and let them worry about it?

So I don't need to bother contacting 'Mercer' at all then; I can send it all to Barclays and let them worry about it?

Absolutely.

Mercers are Barclaycard, and Barclaycard are Barclays Bank plc.

A coat of many bankers.

Cheers,
BRW

Hello Slick132!

We did have a recent problem when a user had their claim overturned on an address technicality.

That technicality can be avoided by sending everything to their primary Company Address.

It is just not worth the risk of using any other Address.

Barclays exploited a loophole, so they only have themselves to blame if the world and his dog now send them everything through their main front door.

BTW, Barclays/Barclaycard/Mercers use a bunch called ScotCall to do any visiting dirty work for them.

Barclays/Barclaycard/Mercers are highly unlikely to visit, but ScotCall will, because that is about all they are good for, which is why Barclays use them.

Cheers,
BRW

Hi Galena

Yes, i was having trouble with Barclays, they put it forward to Mercers.
Who then sent DCA's round my place from a company called Power 2 Collect. Just use the template letter that banker rymes put up, that should do the trick.

Gaz

Originally Posted by Goldlady

If the outstanding amount is more than the charges you are wanting to claim back and they can't find your CCA then they cannot pursue you for the balance.

Galena, don't wish to hijack your thread but, Goldlady, am confused here, if your balance outstanding is say £5000 and £500 of that is the charges you are trying to claim back, they cannot pursue you for the £3,500 ???:-?

Thanks again to all for your helpful replies. I am sending off an SAR for copy statements, but after a few weeks of silence I have today received a letter from Barclaycard's Legal and Regulatory Compliance department. They have enclosed some photocopied pages which they claim are a copy of my original Credit Agreement at the time Iopened my account. They claim that this completes their obligation to me under Section 78 of the Consumer Credit Act 1974.

However, the sheets consist of Barclaycard Terms & Conditions (generic, not specific to me), a further sheet entitled Barclaycard Conditions (which appears to be a partial copy of a longer document) and lastly, another copy of Barclaycard Conditions, which details key financial information etc. Interestingly, this third sheet does claim to be a copy of the terms and conditions of an agreement between them, and myself, but it gives my name and current address, which is not the address I was living at when I opened the account.

Could someone please confirm that I am correct in my understandiong that NONE of these documents are the one that I requested from them, and they have therefore not fulfilled their obligations in the slightest!

Also, do I just continue to sit back and wait for my copy statements to arrive, or should I be taking any other action at the same time.

Many thanks

Galena
you'd be better posting the documents they sent on your thread here, BUT... please make sure you obscure anything like your name and account numbers etc. Then someone will advise you best next step

Thank you - I'll run them through the scanner

Ok, I have uploaded the letter and copies of the T&C (I hope this works! Never used Photobucket before!!) This is the letter -

The first terms and conditions leaflet (double sided) -

Barclaycard Conditions (also double sided) -

And the final set of Conditions, which claim to govern an agreement between Barclaycard and myself (even though they have the wrong address) -



I don't think any of these are what I asked for, but I would be grateful for confirmation

Hi again Galena,
well its a normal trick of BC and/or Mercers. They have complied to your request for a CCA, but you would now need to tell them that what they have supplied IS NOT a 'True Copy' of your CCA, this is where it will get interesting, so wait until slick replies to see the next step