Thread: barclaycard/mercers-is this right?

Ok, you've only given us one side so the prescribed text which should be on the default notice could be on page 2, we cant tell

As to the dates, it was sent on 1st Oct, they have to allow 2 days for first class post and 4 for any other postal service(2nd/ukmail etc)

So 1st was a Thursday so allowing 2 WORKING days takes you to Monday 5th Oct, so 14 days starts from Tuesday 6th Oct. Basically they havent allowed for the sending of the default in the post.

Right now the biggie... can you find Barclay's name and address as the creditor on that default notice?

Taken from Consumer Credit Enforcement Default and Termination Notices & Regulations 1983
Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section
87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section
88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

(c) statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.


Parties to agreement
2
(1) The name and a postal address of the creditor or owner.
(2) The name and a postal address of the debtor or hirer.

Mercers are acting as agents according to the default notice, therefore the address of the creditor or the owner is not on that default notice.

S.

Originally Posted by big.syd

thank you shadow,
i have uploaded the rear of the dn for your
perusal,
how cn they get it so wrong everytime...
what should i do?.
doing nothing at this momment seems to the general advise given out at this at stage.
any advise is most grateful.

Ok the back looks like it has the prescribed text on it.

Reason they do it, as out of 100 default that get sent out maybe 1% find their way were, the rest dont know or have access to the knowledge they need. Also if they changed it now its like admitting all the defaults they've ever sent out were defunkt and a large compensation bill could ensue for damage to peoples creditworthiness.

Never underestimate a banks ability to blindly run down an alley only to prefer charging at the wall rather than turning around

As to next steps, normal advice is to hold tight and wait for the DCA's to come a looking or the termination letter or perhaps both.

S.

Originally Posted by big.syd

thanks shadow,
loved the brick wall anallagey.
so far so good then.
i will sit back and wait then.
will post up any updates as i get them.
i will continue to refuse any calls from them.
one last question for the momment...
at what stage should i consider S.A.R.
DESPITE the miserable weather you have BRIGHTENED
my day up.
thank you.

Ok as to when to SAR.

Well with whats happening now, unless you can claim back charges+mis-sold PPI to wipe out the balance or make a big dent in it I would hold off the SAR until the debt gets sold. You then have two trains of thought.

Be aware that Barclays has numerous internal DCA's who all pretend they are external, its in your interests to play along with this external company ruse especially in light of the default coming from Mercers. [Both options below should only be used with EXTERNAL DCA's.. for Barclays internal DCA's a bemused letter should be sent IMHO]

Option 1. Hit the new DCA with a s78 request, wait 14 days and if they cant provide it, send off a SAR to Barclays and hope that there is some internal slip up and an internal memo mentioning not being able to produce a CCA comes up.

Option 2. Hit the OC with a SAR as soon as the DCA comes a looking to find out if the debt has actually been sold or assigned.

Others may have better suggestions tho.

S.

Hi Syd,

Doesn't sound like you need this but, just in case - http://www.consumerforums.com/resour...doorstep-visit-

Originally Posted by big.syd

letter from "scotcall" saying they will be making a
doorstep visit.
lets hope they bring a copy of of the agreement with them
if they havent got it they will be told to "foxtrot oscar"

Hi big Syd
Actually in my case Scotcall actually did send me a real human ! if you can calll them that! LOL .The man called just aftter a letter from Scotcall was sent warning me of his impending visit,However me and my Oh just ignored him and he went away !It was a bit like a scene from a comedy film! This man started banging on our front door we suspected at time it was Scotcall as i had just got a doorstep caller letter and most callers ring door bell,There was something a bit aggressive sounding and intrusive about that banging on our door that made us realise it was scotcalls,My OH crept into front room to peer discreetly through net curtains to get a look at him! trouble is our dog followed my oH and jumped up on our window sill barking loudly and his wagging tail started banging against window making quite a racket !My OH kept telluing him sternly to get down but our dog ignored him! I was terrified that the man would think i was banging on our window to attract his attention and his mug would come looming at our window! However luckily the man did not but just went over to our back gate and started thumping on that instead! In end he gave up and pushed a card through my letter box in an envelope saying delivered by hand! in a pathetic attempt to worry me! and he sat in his car outside our house for about ten minutes before driving away! So even if one calls round thre is nothing they can legally do and if you either ignore them or answer door and tell them to get of your property in cases i seen involving Scotcall on these threads they just mutter they only doing their job give up and walk away!

Hi bigsyd
Scotcall are an external debt collection company who Barclaycard just commonly use,Other banks use Scottcall too,Scottcall were set on me by Barclaycard too,It is awful he appearfed at your place of work That is even worse than harsement at your own home as it is a very mean way of treating peoples as it cause embarrement and humiliation in front of your work colleagues.It is no better than calling on someone in a big van with Debt Collecter written on it,I would think that would merit a compliant,I had a different problem where Barclayshardand MBNA were phonning me at my work place and actually saying who they were i eventually got them to stop with telephone harrasent letters but it was definitly a breach of ofT guidlines,So these banks stop at nothing to embarress and huiliate people in their work place

Hi BS,

If you have been communicating with Scotcall or BC/Mercers from your work address, it's understandable why they turned up there. The a/c would still appear to be with BC/Mercers and has NOT been sold on.

At least they DIDN'T confirm exactly WHY they were there.

I suggest you now write to BC to:-

Confirm they have failed to reply properly to your CCA request of xxdate. The T&C's they sent do not fulfill their obligations under CCA1974.

You therefore give them a further 14 days to supply the required copy of your executed credit agreement in accordance with your original CCA request.

If they fail to comply, you will make a formal complaint to the fos

And, if they fail, lodge a complaint in writing to the FOS sending copies of relevant letters to and from BC.

Also complain about BC's breach of the OFT debt collection Guidelines, when the account was in dispute, by demanding payment, harassing you by phone, letter and a collections visit.

Hi Big Syd,

If there have been penalties charges added to the a/c, I'd send off the SAR now, so you can set about reclaiming them.

Send it to BC.