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MERCERS and 2 faulty BC DNs **WON**


Delfi101
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Hi folks,

 

My first post here even though I've been lurking and reading for a while.

 

Long story cut short: Made redundant in late Feb by company that failed to pay 2 months salary. Court Order for several thousands of pounds (not enough to cover debt) made 3 weeks ago ... company concerned still holding out ... within days they'll have no desks and computers.

 

I currently have 0 income and I'm being chased by the notorious Mercers who have been playing their usual games. Recently that has involved phone calls late in the evening (9pm) and early in the morning. Prior to this I have received so many calls in a day from them that my answerphone has failed. This is not useful when looking for work.

 

All they do is demand money and get argumentative... my wife has been threatened by them with 'sending people around'.

 

I have told them that I will only communicate in writing and 3 months ago asked for a moratorium, a freeze on interest and a degree of consideration as a customer of over a decade.

 

They continue to call and, even though the letters are sent registered, they claim that they 'must be in the post room'. In all, 4 letters explaining the situation and asking for acknowledgment have been sent (letter one, then letter one and a further letter etc). All I have received from Mercers are standard letters with the standard veiled threats.

 

A month ago I asked them to comply with the law BUT 7 days ago I told Mercers that I will report them to the OFT and consider them to be in breach of the Protection from Harassment Act if they continue. They will clearly not correspond in writing.

 

Today they phoned at 8am, 8pm and 8:45pm and got given very short answers by my wife who is the registered landline user.

 

I want a couple of things really ... I really need them to respond to the offer that I've made in writing. I only want records of what has been said because I don't trust call centre morons.

 

I also really want to get back at these (edit) . I'm not intimidated by anyone and this lot have annoyed me beyond belief.

 

The veiled threats and the huge volume of calls are frankly disgusting. The refusal to provide/respond to anything in writing must surely put them in some kind of bad legal light.

 

I will find employment soon and this debt will be paid BUT I will not be bullied by these [edited]. Frankly, things are financially hard enough [edited]

 

We've even tried asking for names and or other ID when they call ... they just put the phone down at that point. We're keeping a log of all of their calls.

 

It's amazing how many dropped calls I get from 08453 007021.

 

So, I'm after some broad advice as to where to go next with this lot. In return I'll post details of what happens here (successful or not) ;)

 

I'll be composing a formal OFT complaint at the weekend (cc Barclaycard) with supporting documentation.

 

Any further suggestions anyone?

 

Thanks

 

D

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So how do I take these on?

 

They refuse point blank to acknowledge or reply to anything in writing. They continue to send random 'standard' letters that threaten to 'send local ...' around. They also do this on the phone to my wife even though it's my debt and her phone.

 

D

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What is the debt for ? is there a chance you can CCA them ? might buy you some time and put the acccount in dispute ? Also, official harassment letter is good although afterwards keep logging the calls there are several great threads and a sticky on dealing with harassment, another tip, when sending stuff recorded/registered mark the envelope clearly "Payment Enclosed", that way there is more chance of them signing for it, obviously it isn't necessary to actually enclose a payment

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Thanks for this. The debt is for 2 Barclaycard bills which I'm unable to pay currently.

 

I've sent them very clear letters and now have also complained to Barclays about their behaviour. This site has been tremendously useful in that respect.

 

What really irks me is that the phone calls concerned are always from the same script and you can almost hear the 'tutting' when I have to explain for the umpteenth time that I currently have no money. On one occasion they phoned no less that 22 times in a 24 hour period.

 

I've been lied to and they have even attempted to mislead me over the phone. I don't trust them and thus want everything in writing.

 

They've already suggested that I should 'sell some goods' and attempted to intimidate my wife.

 

Great tip regarding the 'payment enclosed' note ... I'll use that, thanks.

 

As far as I can tell they're in breach of several OFT rules and I'll be pursuing this even after I get employment again (which is currently looking promising).

 

I can understand why more vulnerable people than me get very upset and worried. This just serves to make me angrier. Their behaviour has been really quite reprehensible.

 

D

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As you are probably aware, Mercers ARE Barclaycard, albeit their debt collection facility.

 

I see no reason why you should not report Barclaycard to the OFT as well as Mercers. Even had the DCA been separate from Barclaycard, Barclaycard are still responsible for the actions of their agents or employees. And as Mercers ar clearly breaching OFT collection guidlines, as well as the law regarding harrassment, the OFT have the power to investigate whether Mercers are fit to hold a licence, and also by association, Barclaycard.

 

And as DCAs now come under the umbrella of the FOS, a complaint to them should be made. If they investigate, they will hit Mercers with a £400 fine. I'd explain to the FOS that you are unable to exhaust Mercers' complaints procedure, as they flattly refuse to answer your correspondance.

 

CC everything to Barclaycard too. Let the buggers know you mean business and won't be f*cked about.

 

Officially this is in dispute, despite the fact they won't acknowledge your complaints. So they have no right to be levying interest or penalties until the matter is sorted.

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As you are probably aware, Mercers ARE Barclaycard, albeit their debt collection facility.

 

 

Again, thanks to these forums I was aware of this relationship but thanks for the info and support. They have actually tried to deny this relationship on the phone too. When pushed the usual response is to drop the phone connection.

 

And guess who just phoned today for the first time ... it's on a different number so it seems that they have a whole range of similar numbers starting with 08453 007. That rules out blocking through BT and I'm not keen to change a number that all my family and pals have known for a long long time. Besides, I don't see why I should.

 

I'll also include the idea of a dispute regarding interest etc. Cracking idea! Thanks.

 

D

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Have you sent the telephone harrassment letter via registered mail. If so, then what about taking your phone log + any recordings (if any) to the police?

 

Yep, sent via registered post. I had considered the police but I do wonder what they would be prepared to do.

 

D

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Hmmmmm The Police, is it a motorist you are reporting ? 'No' Then the answer is we are tooooo busy at the moment......:p

 

Kind Regards

Bigandy

The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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It dosent matter whether the muppet on the phone from Merciless has read your letter or not. The story about being in the post room is sh!te. You sent it recorded delivery so you have proof they received it. The advice you have been given is good. Invest in a recorder and tape all their calls.

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Or simply block their number ;)

 

I ended up doing this with another DCA, in fact one you maybe hearing from soon enough, RMA.

They wouldn't take DISPUTE for an answer and kept calling upto 5 times a day.

One number change later and a report to Trading Standards and everything has gone quiet.

I haven't heard from them in over 2 months now.

Be VERY careful whose advice you listen too

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I would buy recording equipment for the phone, I would then state:

 

"Please be aware that I am legally required to inform you that I am recording your call. Please tell me your full name and the name of the company.

 

PAUSE.

 

Please be aware that I have already informed your firm, in writing, that I am only willing to corrispond in writing. I am keeping a record of all calls, with a view to bringing future criminal charges.

 

Good day."

 

Hang up.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I would buy recording equipment for the phone, I would then state:

 

"Please be aware that I am legally required to inform you that I am recording your call. Please tell me your full name and the name of the company.

 

PAUSE.

 

Please be aware that I have already informed your firm, in writing, that I am only willing to corrispond in writing. I am keeping a record of all calls, with a view to bringing future criminal charges.

 

Good day."

 

Hang up.

If you cannot afford a recorder the same effect will be obtained if you use Tomterms script and press one of the buttons on your phone. I would have to disagree with Tomterm though about hanging up ;) as the monkeys will pobably hang up before you can get a chance to wish the Good Day:D

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Great stuff guys ... thanks for this! I'll continue reporting back as things progress ... keep these ideas coming! I can feel a weekend of letter writing coming on.

 

Last time I 'chatted' to them they threatened me with sending 'local debt collectors around' and I suggested that they should do just that, but bear in mind that I would consider any such incident as aggravated trespass and would take all necessary means to defend myself and my property. I then mentioned the black belts that both myself and my wife hold ...

 

Can anyone guess the response ??? Yep, you got it ... phone dropped :-)

 

D

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Try giving them a new number to contact you on.

 

I registered with sipgate, got a new (additional) number in the same area code and gave that to the DCA. Now they get an answering machine (on the sipgate server). I get a log showing all of the calls they make to me and a recording of all messages they leave - and my phone doesn't ring - and its free to setup and receive calls

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The third call of the day and we have a novel tactic from a call centre muppet ... he couldn't give his second name because it's "against the Data Protection Act" :lol: My letters "aren't available" either.

 

Cretins.

 

D

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The third call of the day and we have a novel tactic from a call centre muppet ... he couldn't give his second name because it's "against the Data Protection Act" :lol: My letters "aren't available" either.

 

Cretins.

 

D

 

Did you try the "script" on him? How long did it take for him to hang up?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Data protection works both ways, try the broken record technique and just say I cannot confirm to everything they say over and over, will soon get fed up, apparently this is a tried and tested torture method. Or the best one I found on here was if you use an Eastern European accent and keep saying "hello how may I help you?"

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My personal ambition is to get a premium rate number from XXX and then entertain the b**gers in hour long calls. but I've never met a DCA quite that dim...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Did you try the "script" on him? How long did it take for him to hang up?

 

Not yet, my wife handled this one and didn't have the script. She does now and that's next along with the new phone number courtesy of sipgate.

 

We're currently going down the 'I was only obeying orders' is no excuse route. They don't like the threat of personal culpability at all!

 

Out of interest how many people work for this lot in their call centre? It must be hundreds as we never seem to get the same cretin twice.

 

D

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Personal numbers cost a lot too - more than mobiles

 

You can always invest in a very loud whistle

 

(One of the best suggestions that I have seen)

 

Just think of their poor ears in those headsets!

 

(grumpy smiles to himself and starts to think which shops would sell referee-style whistles - sports shops maybe)

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The third call of the day and we have a novel tactic from a call centre muppet ... he couldn't give his second name because it's "against the Data Protection Act" :lol: My letters "aren't available" either.

 

Cretins.

 

D

You should ask them as to exactly which section of the Data Protection they are referring to. Also remind them of OFT guidlines and CSA guidlines which mean that they should identify both themselves and the **** they work for

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You should ask them as to exactly which section of the Data Protection they are referring to. Also remind them of OFT guidlines and CSA guidlines which mean that they should identify both themselves and the **** they work for

 

Outrageous huh? They phone me (even though they've been told in no uncertain terms not to) and then refuse to fully identify themselves. Then they make up any old BS as an excuse.

 

Something tells me they'll be phoning again today.

 

D

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