Barclaycard/Mercers Dept Collectors

[Gazza112]

Hi Basaar

 

Forgot to say should i mention in the letter about there Doorstep Collector, which they say is going to call me as they state in there letter.

 

Gaz

[bazaar]

Hi Gaz

Yes you beat me to it:). There is a template you can use on the site for the doorstep caller

[Gazza112]

Hi Bazaar

 

Yes, found the template for doorstep callers that i used for Power2Contact.

This is the completed letter incorperating your letter you kindly put up for me, which looking at the letter as a hole looks preaty impressive.

 

Date: 15.1.2009

 

Credit Solutions Limited

Capella Court

Brighton Road

Purley

Surrey CR8 2PG

 

Dear Sir/Madam

 

Re: Account/Reference Number

Postage Reference: DL GB

 

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date 25th September 2008 ***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

Also I would like to point out that you mentioned that you was intending to send out a Doorstep Collector.

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[bazaar]

Looks good to me, I must confess those are not my letters though, They are from my collection of good uns from this site, so I cant take any credit at all, just hope ive helped

[Becca00]

Hi there. Just out of interest, is the situation regarding doorstep callers the same in Scotland? Just thinking about when I get further down the line with Barclaycard.

 

Thanks;)

[Gazza112]

Hi Becca00

 

Welcome to my thread, i'm not upto the Scottish Law on credit cards.

I'm sure a CAG with more experiance in Law will come along.

 

Gaz

[Becca00]

Thanks Gaz

 

Have been keeping an eye on your thread as I've just started with Barclayard. cca'd early December and phone calls started this week, most of which have been ignored. Interesting to keep an eye on your thread so I can know what to expect.

 

Good luck

 

Becca

[Gazza112]

Hi Becca

 

No problem, there first hand your account to there inhouse collectors Mercers from there it will go back to Barclays. Then with me it then went onto Power2contact where after a couple of letters went back to Barclays which have now sent my account onto credit solutions. Which i look forward to the challange.

 

Good luck in your case, if you need any advice i'm sure me or one of the other Cag members will help you out.

 

Gaz

[bazaar]

Hi there. Just out of interest, is the situation regarding doorstep callers the same in Scotland? Just thinking about when I get further down the line with Barclaycard.

 

Thanks;)

 

 

Hi Becca

, Well as long as there's no Hose pipe ban in Scotland, I can't see anyone having a problem with you watering your garden and accidentally wetting anyone and the inside of their vehicle if you 'didnt see them standing there tresspassing ' on your property:D

[Gazza112]

Hi All

 

Just to let you all know, i sent the letter from thread 44 of today.

I'll let you know if and when i get a responce back from Credit Solutions.

 

Gaz

[citizenB]

Hi CitizenB and all

 

Ok seems Barclaycard's sold my account on, as Barclay's not going to send anymore statements through to me. Credit Solutions seem to taken up this account know. What would be the next plan of action with this company, at the moment in the last two days i've received 1 text message, 1 recorded message on my main line phone yesterday. Received 1 phone call to day which i answered but made out i was someone else.

Here's the letter i received from this company today.

 

 

Gaz

 

I note they say they are going to add 1% interest a month. Now is this in addition to the interest that is already being charged or are they no longer charging interest on the outstanding amount ?. Next question, are they allowed to do this ?

[Gazza112]

Hi All

 

Just received a letter from Barclaycard, Now according to there last corrispondance they where closing this account down and selling it on.

Here's the letter i received today from them.

 

 

 

 

 

Other than this letter, not had a reply to my 31.16 letter i sent.

 

Gaz

[Gazza112]

Hi

 

Just been receiving calls again from Credit Solutions on my land line and mobile. Know i sent this company an Harrassment by phone letter of to this company last week which they should of received on Friday as the letter was recorded.

 

 

Gaz

[banker_rhymes_with]

Hello G112!

 

I'd drop a line to Barclays Bank plc to tell them you have not made a £1 part-payment.

 

The only £1 you have paid them was for a Statutory Fee in relation to a CCA Request.

 

Why?

 

Because the addition of the £1 to the alleged Agreement/Account is their little way of trying to re-set the Statute Barred Clock ticking...i.e. the 6 Years will start from the date of that £1 Payment unless you get a letter in quick to deny all knowledge (send it Special Delivery to make sure you have proof that the letter was received by them).

 

I don't know when you last Paid them, but you want the Statute Barred 6 Year Clock to start ticking from then, not from when the £1 Statutory Fee was paid.

 

It could be worth the hassle to send this, otherwise the £1 on the alleged Account history could extend the time for a lowlife DCA to keep bothering you.

 

Cheers,

BRW

[Gazza112]

Hi Banker rymes

 

I have been paying them a token payment of a £1 on the account for the past 6 months. Probably be best to stop that payment from now on, and get a letter of to them. Is there a template letter that covers this.

 

Gaz

[banker_rhymes_with]

Hello G112!

 

Ah, sorry for that.

 

I jumped to the conclusion that the £1 was a CCA Request.

 

OK, sadly, that means the 6 Year Statute Barred Clock re-sets every time you pay them £1.

 

Unfortunately, that is the main reason why the bankers allow people to make a small token Payment. It's not because they want the £1, it's because they want to keep the alleged Debt live and always 6 Years away from falling off the edge where they can no longer chase you.

 

Cheers,

BRW

Edited January 19, 2009 by banker_rhymes_with
Typo

[Muffintop]

With you now Gazza.

[Gazza112]

Welcome aboard Muffintop

[Gazza112]

Hi All

 

Just to keep you updated on this thread, that i've not heard anything from them since i last posted. As soon as i get some info from them i'll let you all know.

 

Gaz

[deepdebt]

Hi Gazza112, Just read your interesting thread, I'm starting down the exact same route so will keep watching your thread with interest.

Good luck and keep it going.

[ska1664]

Hi Gazza112 subbing to your thread, as I am also having fun & games with BarclayShark and Mercers.

 

Good Luck and never give up

 

ska

[Gazza112]

Welcome aboard my thread deepdept & ska1664, yes were sort these sharks out together.

 

Gaz

[angel_1]

hiya gazza and all

 

may i also sub as today received the doorstop collector letter and i wish to reply to that so will take bits of the letter posted earlier if i may

 

also will be updating my new thread on bcard im going to create now

 

laters and keep positive

angel x:cool:

[Gazza112]

hiya gazza and all

 

may i also sub as today received the doorstop collector letter and i wish to reply to that so will take bits of the letter posted earlier if i may

 

also will be updating my new thread on bcard im going to create now

 

laters and keep positive

angel x:cool:

 

 

Hi Angel

 

Welcome aboard my thread, by all means use anything that can be of help.

The letter i posted up on doorstep collector's should do the trick.

I'll keep a lookout for your thread.

 

Gaz

[angel_1]

many thanks, can you just confirm pls

 

im taking now BRW advice and sending all my correspondence to The Company Secretary at each of my creditors Registered Office address this way they cannot say didnt get my letters, also im going to use recorded delivery at 1.08 but not sure if for this letter use the registered post at 4.60

 

any ideas what you think best or how do you send your letters?

 

many thanks angel x