Well done Fred, there a bunch of incompetent fools,,,, when in the bad old day's I use to talk to them, hello Mercers,,, I told them in writing so I could show the judge that I was willing to pay and that they were being obstructive. That shut them up... My plan on my debts at the moment is token payment as that is only what I can afford. (well can't afford that really) as 12 out of my 16 debts are pre 2004 any DCA or OC who wants to shake the cart is going to get a CCA request and a SAR., because I know damn well that most of them have not got the original paperwork. Also, at the start 10 out of the 16 offered very substantial discounts, not even 6 months in to the debt. Sounds rather odd. So it's let sleeping dogs lye and if they do poke there nose in the trough to become greedy it is hit em with a CCA request. SD and charging orders will really have no effect. My house is in negative equity and to be honest with you I am hardly here live with me girlfriend. They can save me £600 + if they want to.

So stick to your guns fred, tell em straight IN WRITING as I may need it if this goes to litigation. Put's the fear up em. Consider changing your number because they will keep pestering.

Hi all, I just wanted to post up the reply I received yesterday from Mercers. They appear to want to ignore my offer of payment and 'send the boys round'. I'm sort of unsure what to do as regards a reply, and I'm a bit concerned that the two £1 postal orders are probably going towards Mercers' office biscuit fund. Can anyone suggest how I might carry on with this?

I'm also wondering if now I should issue a CCA request to Barclays to refund my PPI and keep it separate from my dealings with Mercers?

Oops.... Didn't have enough posts to post the file.

Here it is:

Barclays/Mercers were one of the worst in terms of harrassment, as already said on this thread.

I initially contacted Barclaycard to explain that I wouldn't be able to meet monthly repayments on my account any more. This was several years ago now, by the way.... I also included a breakdown of why that was and it was sent by rec. delivery. They immediately passed it to Mercers however without even giving me the courtesy of a reply which got my back up, so I sent a CCA request. Mercers then placed my phone number on their automated dialler 4 x per day.... but I always knew it was them because of the space-age gap before anyone actually talks to you, so I hung up each time without speaking.

This went on for about 4 months; interspersed with regular statements from Barclaycard showing a whack of interest/charges added.... despite non-compliance with the CCA request. I then received an application form and generic t&cs and was able to surmise that there was in fact no Agreement and they were on a sticky wicket..... When they got bored trying to get me on the phone and realised they weren't going to get any money until/unless an Agreement was produced, they sold the account on and the inheriting DCA was told to go forth and multiply, which they did.... without any further aggravation at all.

I've not heard a peep since.

They have no right to send a doorstep rep to your house. If they do, tell they to Foxtrot Oscar.

Or you can send them the doorstep template letter from the CAG library

I've already sent them the doorstep letter, this is the reply.

Sorry mate, didn't read your whole thread. They want to send someone, then more fool them for wasting their money.

Don't worry too much Fred. I think many of us have been down this road. This is a fairly standard response, however I would not have provided them with any figures at all until you had a satisfactory response to a CCA request. It is likely that you will get a default notice from Mercers, again which are usually if not always defective. Then they will pass the account across the office gangway to the next level of thuggery within the Barclay coven, Calders who in their wisdom after a bit of harrassment will issue a demand for the full amount. On the back of the defective DN from Mercers they will have unlawfully terminated the contract. If you continue to ignore them you will then be passed around the DCA ,merry go round. Most will run away at the first hint of any legal knowledge on your part or any threat of a fight back from yourself. Take heart, there is much to be gained from the collective knowledge that is CAG, they can be kept at bay particularly fi you don't give a hoot about your credit file which WILL be trashed by the coven anyway. Secondly depending on your circumstances and your feelings towards this bunch you may be able to to successfully complete a Full & Final. We have just won one on an OD with a couple of solicitors letters at 10%.

Finally ensure that you DO NOT BANK with anyone within the Barclays coven, they WILL exercise their right to "SET-OFF" and raid your account(s)!!!!

Only you can decide what you want out of this Fred, but be prepared the hassle is unlikely to go away completely in the immediate future, gather up your weapons from here and use them effectively. We have so far been through about 15 DCAs (I've actually lost count without checking the files) and two firms of solicitors who having been made fully aware of the state of affairs promptly exited under threat of an SRA investigation into their conduct. Now we are with the WESCOToutfit who so far can't even add up figures which are all at odds with the last BC statements (actually less ho ho) so they are already up the creek with no paddle with our crocodiles circling.

regards

oilyrag.

Thanks oilyrag. I think without this forum these issues can easily become a struggle, and I know that there are people much worse of than me.

Barclaycard aren't my only problem, I have a credit card and overdraft dept with Santander who just appear to ignore my letters so far, sending me standard issue letters as if they've not even acknowledged my situation. But I'll save those for an appropriate thread.

They can't ask me for anymore than I've already offered as I only have jobseekers as my sole income - so essentially, if they want a fight both Barclaycard and Santander can have one.

Hi Fred, although perfectly correct, I find the template doorstep visit letter a bit tame and passive.

I have only written twice to Barclaycard; once for a CCA, and the other time for clarification on the botched cut & paste rubbish they sent. My final letter was in response to a home visit letter from Moorcroft/Resolvecall/Scotcall? I can't remember who. I sent the following;

READ THIS CAREFULLY - FINAL NOTICE

Dear Morons,

I refer to your letter ref; ### and respond as follows;

Legal bit - implied licence etc.

The only possible reason for someone to visit me in my home is to threaten and intimidate me and my family. Anyone visiting the above property will be removed in under 10 seconds with whatever force is necessary. Should an incident occur, I will of course arrange for the ambulance service to remove your employee.

Any further threatening or intimidating letters received from you will be subject to an administration fee of £35 for my time and effort. Be advised I will have no hesitation in persuing this claim against your company through the Small Claims Court.

It obviously worked because I heard nothing for months and BC have now passed it to Westcotts.

Good stuff Fred.

Remember even in the very worst case a court will ONLY order you to pay what you can afford, a court is the ONLY place has the legal right to knowledge of your income and expenditure affairs, NO ONE else. Remeber you can claim back all illicit charges onb your credit cards regardless of the state of the account or any dispute you may have plus they have to pay interest on those refunds plus they can be forced to pay interest in restitution at their own contractual rate. On top of this check via an SAR whether you have PPI included on your cards, that may also be reclaimable with all the interest.

Unlikely you will get a cheque but it does legally reduce the balances regardless of the dispute.

best regards

oilyrag.

Fred, just to add to the above, I think you could write whatever you wish because the threatmonkeys at the other end will either not read or understand what you say.

I guess doing it correctly is about laying an audit trail.

Great advice for Oilyrag, so far I have only had BC, Mercers, Calders, Moorcroft and their idiot agents Resolvecall? and now Westcott. In my case little or no communication seemed to be the answer. I never answered the phone to these people, on the few occasions I was caught out by a different number I simply told them to F### off. After a couple of months the calls stopped.

As I mentioned I have a badly botched CCA (not sure if this is of any use in the light of recent court cases), a 12 day DN from Mercers, and demand for the full balance as Oilyrag mentioned above from Calders.

Hi Rockwell,

The Mercers DNs are usually defective in a number of ways besides the time limit infraction. Normally they won't contain the full name and address of the original creditor either, plus the figures can be incorrect as well if you check your original statments carefully.

regards

oilyrag.

In theory, and I know there has been much discussion on these points on CAG, once the full balance has been demanded on the back of the defective DN, they have unlawfully terminated the agreement (if a correctly executed agreement ever existed let alone a defective one) which means that they can only ever claim the ARREARS accrued at the time of issue of the DN. Its worth taking the time to do a bit of reading.

regards

oilyrag.

Okay, I'll write to them again just to reinforce my offer of a pound, at least a court won't be able to say I haven't made an attempt. And I'll CCA to Barclaycard and start the process of reclaiming the PPI that they originally dismissed out of hand, If I CCA first it'll give me a little bit of time to raise the £10 for a SAR.

Fred, sorry to jump in on your thread.

Oilyrag, thank you for that. Regarding defective DN's and termination, are you aware of anyone being successful in only paying the arrears and settling the account in full as a result? From what I have read on CAG, the courts in most cases side with the creditor irrespective of the facts. I assume this is because a large number of cases on here are being defended by LIP's who do not put forward a good enough defence.

Very pleased to hear of your progress with your various issues!

Don't be sorry rockwell, it's all great information.

Hi Guys,

Look up member diddydicky. Although he has just had a disapointment on another issue, he did an awful lot of work on dNs and did have a success if memory serves correctly certainly due in significant part to the DN issue.

regards

oilyrag

Best of luck with this Fred.

BTW, got my ppi back from barclays easily!!

Hi FF

It is unwise to rely on a faulty DN alone; it is a powerful part of a wider defence.

Mercers are Bcard's agents and as such correspondence etc. is more powerful when done direct with BCard.

x

v

Hi V,

I'm afraid I wouldn't know a faulty default notice if it came up and bit me on the nose, but here are the two letters preceding the one above.

Hi Fred

That is Mercers standard DN; file it safely.

You have made an offer and they've refused it.

You can raise a formal complaint with BC ref OFT v. MBNA ruling and await their final response.

There is little point replying to Mercers.

You get a letter from Calders next.

x

v

Thanks V,

I'm going to have a proper poke around the forum this afternoon and see what Barclaycard/Mercers/Calders are getting up to elsewhere. I can't do anything about the SAR to barclaycard yet because I just don't have the spare £10 to issue one. And I've got all the fun of Santander to come to.

Yes Vic,

The standard and wholly defective DN from Mercers. I would mark it up with the date it was actually received complete with the envelope it came in, and keep both on file.

It will come in useful later if they follow their standard procedures.

regards

oilyrag.