Thread: Mrs M Daughter v Morgan Stanley

My daughter has had this card since Feb 06, . She got into financial difficulty in 2008 and stopped paying them. We made offers to pay small amount or settlement, it was refused.

When they first contacted her they said it was her Barclaycard so she called Mercers and told them it was not her card number. The woman on the phone said she would find out what it was. No call back.

Shortly after this she had letters from Mercers, Callserve and of course Moorcroft and still no one told her what the account was for.

I wrote again in Nov and asked what the account was for, still no answer.

This carried on for a while and then they sent her statements in Dec 09 and she clicked then that the account number had changed and it was her Morgan Stanley Account.

They sent statements but nothing else, not sure if SAR this account or they just sent them anyway to prove what account it was.

She can't remember getting a DN from Mercers.


On 15/2 she got a letter from Westcot saying it was her last chance. I wrote to them and informed them that we had the statements and would they ask their client what the Billed Deferred Finance Charge was.

The letter was sent 15/2. Have had no answer.

Today she has received a letter from a solicitor, not sure what to do now.



There was no agreement with the bundle, should we CCA & SAR them and inform the solicitor what we have done.

Mrs M

Send a CCA request off to BC and tell Nelson Guest to back off, pending BC's proper response.

Thanks Slick , will do that.
Should I send an SAR as well to see if they did send a DN, chances are if it was Mercers that were dealing with it originally then it will be their usual DN.

Mrs M

Just Had a thought on this.

If I SAR Barclaycard previously for my data should I not have got the data for the Morgan Stanley account in the bundle as it was another account that I had with Barclays.

Mrs M

Yes, a SAR should produce all data held by the bank about an individual.

If a SAR has been sent for other a/c's, refer to the original request and specify the additional a/c's for which you require data.

Thanks Slick, will fire off a letter tomorrow.

Mrs M

Have drafted this letter does it look okay or am I wrong.

Morgan Stanley acc no;

Dear Sir or Madam:

I wrote to your company some time ago requesting the data on my Barclays accounts.

A Subject access request should include all data for all the accounts you hold on me

I believe I have another account with you which was originally Morgan Stanley.

I have received the Statements for this account in December 09, but I have not received any other documents which should have been sent under the Subject access request.

I would like copies of all the correspondence between your company and myself and all comms logs concerning this account.

I would appreciate all activities on the account are put on hold until I receive the relevant documents from you.

As the original SAR is now well past the Statutory 40 days I will afford you another 14 days on receipt of this letter to have the requested documents sent to me.

thanks

Mrs M

A few suggestions:-

Dear Sir or Madam:

Morgan Stanley A/c No. xxx xxx
Barclaycard A/c No. xxx xxx

I refer to my SAR sent to (Barclaycard/Barclays) on xxdate, to which you replied on xxdate.

Your response should have included data for my Barclaycard account (originally MSDW) but this was not fully dealt with.

Although you supplied copy statements for this a/c, you did not include other data which I expected to be supplied including, but not limited to, copies of all the correspondence between your company and myself, all comms logs, default notices, etc.

Whilst this is being dealt with, you should cease all collection activity on this account until you have replied and I have had the chance to condsider the dat provided.

As the original Subject access request is now well past the statutory 40 days, I will allow a further 14 days for you to reply.

I look forward to your reply.

Yours faithfully,

Thanks Slick

I bow to your expertise at letter writing, it does look better than mine.

I am hoping if I stay on this site long enough I will be as good as you at writing a letter( my hero).

Will get down to it now.

If I am wafting a little it is because the bubbles have gone to my head. I think you will know what I mean.


Mrs M

Thanks Mrs M.

Letter writing and champagne just don't mix well.

Cheers !

Just read of your great result - http://www.consumeractiongroup.co.uk...ml#post2826998

Now I see why there's bubbles involved !!

Well done

Hi.
Daughter just called me .
She got a letter today from Mercers saying their client would like to try and sort out her account by offering her a favorable settlement figure. Can she call them and speak to someone.

They obviously have worked out that the claims she is hitting them for are a lot more than what she owes for all 3 accounts they hold.

Should we reply or just ignore.

Mrs M

Originally Posted by MandM

Hi.
Daughter just called me .
She got a letter today from Mercers saying their client would like to try and sort out her account by offering her a favorable settlement figure. Can she call them and speak to someone.

They obviously have worked out that the claims she is hitting them for are a lot more than what she owes for all 3 accounts they hold.

Should we reply or just ignore.

Mrs M

Ask yourself this... if the offer is so favorable why cant they put it in writing... more often than not its just a ruse to get someone to ring them.

If your daughter wants to contact them to see what the offer is make sure it can be recorded and ensure Mercers are TOLD upfront that the call is recorded... should stop any dirty tricks.

S.

Thanks Shadow.
I think we may ignore this one. Lets see what they come up with next. As I mentioned we have claims in for PPI and charges with Barc/card at the moment and am just working out the charges for the current account. Then I will start on the morgan account.

Mrs M

Just thought of something.

I wonder if they have realized that the DN's they have sent from Mercers for all these accounts are pants and are trying to come to an arrangement to get us to pay something so the original DN is then null and void and they can then issue a new one.

Have been reading the threads on the F&F settlements.

Mrs M

I think you are overestimating Mercers capabilities.

Their letter is simply to entice you to call so they can try and squeeze some money from you. They don't know the difference between a good and a bad DN, or they would stop issuing the pants ones !!

I'd say IGNORE but it's your prerogative.

Thanks Slick..Will ignore

Mrs M

Well Mercers have excelled themselves.

My daughter got the rest of her SAR back from Barc/card MS.

Will put up the DN.





Then I noticed the following letter.



So they sent the DN on the 23 Sep 08 giving her I think not enough time to remedy the breach, but then sent a letter the next day 24 Sep 08 and told her to pay the full balance within 48 hours.

On the continued page of the DN it clearly states:

If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.

A debt collection agency will send a formal demand to you. This will ask for repayment of the whole balance.

Has anyone else had this.

What do we do now.

Mrs M

Bump

Mrs M