Meerkat gets chased by BC, then Mercers, now Calder!

[meerkatsmimm]

Another little progress report here...

 

CPR'd Mercers and BC last week, which I reckon got tangled up in the holiday mail so think they would have only recieved it today.

 

In my mail we find a heart warming (does that sound sarcastic enough...) letter from Mercers, in response to my last letter to them which was a CCA request and bog off letter.

 

OK, in my finest tony hart voice:

 

"Whilst we appreciate your circumstances, we are unable to allow your account to remain without regular monthly payments. Please telephone this office so we may discuss proposals for repayment of your account. Failure to comply with the above may result in legal action being taken against you".

 

So do they not reckon the £1 token payment I have been making to BC every month since January is regular? Or is what they mean to say, 'higher monthly payments'....

 

Ignored the CCA request, but at least they were quite pleasant in their letter.

 

So, hopefully these fools will get the CPR today or tomorrow, but given that they are ignoring what I am sending them, what way can I dispatch them?

 

I wouldnt mind so much if they were acknowledging the letters I am sending and disregarding them, at least I could say they were dense, but to not even recognise these letters I am sending recorded delivery and then carry on like I havent asked for more info isnt good enough.

 

They havent been assigned this debt (or if they have, no-one has informed me) and I am making a regular payment directly to BC, which they have thus far chosen to ignore.

 

Ideas or suggestions appreciated as always.

[meerkatsmimm]

Well folks, another little update here,

 

As of the last few days, BC and Mercers are both in default of providing under my CPR letter 1 and also my SAR (with BC). Mercers are also in default of not having produced under CCA S.78 request.

 

How do I move these people now?

 

All we have both had in response to our original CCA request was T&C's, my hubbys werent even applicable to the year of his card application.

 

Still getting the threatograms from Mercers, BC have sent 3 sets of T&C's, up until the point were I CPR'd them, then heard nothing. Mercers still being silly buggers and denying that we are in contact with them and sent a recent letter via Power 2 contact, giving us 72 hours to respond or they would arrange a home visit. This was quickly dispatched with a CCA S.78 request and denial of any debt to their company, plus a do not doorstep me letter.

 

Should we proceed to CPR letter 2 for them both and also a LBA to BC stating they have defaulted on the SAR and allow them 7 days?

 

Should we be making a token offer of 5% as F&F now on these accounts, or is it not the right time?

 

Thanks,

 

meerkat x

[meerkatsmimm]

Hey Guys,

 

Hope you can offer some advice on this please as Mercers are a difficult one to shift!

 

Received in a letter with 48 Hour notice emblazened across it, telling me how I have ignored their demands for payment (when in fact that have ignored my CCA S.78 request and my CPR 31.16 request...)

 

So I have 48 hours to stop further action or they WILL now pass the account to other DCA's in our area and someone MAY call at my address.

 

I should say they sent the letter 2nd class, on a Friday, allowing me no time to comply with their 48 hour demand, even if I could. Cause for complaint?

 

So, im sending them CPR letter 2 now, along with copies of cpr 1 and CCA request from 2 months ago.

 

P2C have returned the CCA cheque and obviously done one as 'they cant accept money on behalf of their clients....'

 

How can I get rid of this shower, BC are still playing silly buggers also, saying my requests for a CA under S.78 have been fulfilled - what about CPR letters 1 and 2 chappy?

 

Going to send them a formal complaint stating that I have been writing to them at least once a month for the last 5 months, how is that ignoring their demands? And they are ignoring the fact that the account is in dispute.

 

Like I said advice needed please as I havent had a response on this thread for my last two posts and I would appreciate the help.

 

Its a tough one because BC state they have complied with S.78 CCA 1974, so how can I place the account in dispute? My SAR threw up some penalty charges, is that enough to place the account in dispute?

 

Thanks as always.

 

meerkat x

[babybear39]

Inform them in big bold letters that your account is in dispute due to reclaiming unfair charges

[meerkatsmimm]

Is that enough though BB?

 

I have to check through my SAR now to get these, but thats sortable.

 

I placed the account in dispute previously due to their failure to comply with CCA S.78 request and they said it had been fulfilled by BC.

 

So are both BC and Mercers allowed to collect on the one account? I know they are one and the same, but is this allowed?

 

And are they allowed to send letters threatening 48 hours notice and then sending 2nd class post over a weekend, knowing that I wont get it in time?

[babybear39]

Reort them to TS and the OFT re the letter.

[stabradop]

They are just trying to scare you into contacting them and paying something. Stick to your guns. Have you sent them the denial of licence to visit your property without appointment?

[meerkatsmimm]

Hey BB and stabradop,

 

Yes sent them they get lost letter, and will report them to the OFT re: the letter.

 

Will stick to my guns, but I simply cant understand how they can IGNORE the law. This is unsecured debt, and they have proceedures they must follow set in law, which they simply choose to ignore.

 

Mercers cant chase me for a debt and then ignore my CCA and CPR requests.

 

Want to send them packing once and for all - anybody have any suggestions?

 

meerkat x

[GamekeeperToPoacher]

Meerkat,

 

Issue a LBA

 

 

GK

[meerkatsmimm]

Done GK - along with a nice letter outlining what they should and shouldnt be doing with my accounts.

 

Im not happy and coming out fighting!

 

meerkat x

[meerkatsmimm]

Thanks Slick - my mind is at rest about that because it was something I thought we had sorted as a plan of attack!

 

In our case they have set the reclaim against the account, to which they continue to add interest and charges so it wont be seen!

 

I will send them a letter asking for these charges to be refunded directly to me, given that they refuse to help us with our accounts.

 

Also made a mistake in that I didnt reclaim any interest with these charges, neither 8% nor contractual. Was doing my bank charges as well at the time and got tunnel vision and forgot that this could be added for CC's though not at the outset for the bank claim.

 

Is it to late to claim this interest?

[slick132]

If refunds have already been made and set off against account balances, I think you may be too late to now seek a refund to you direct. The matter could be seen as resolved and accepted by you.

 

To have success with this course of action, I think you should have:-

 

Written to claim the refund

Agreed the amount

When they offered to refund to reduce the balance, refuse.

When they refused to do this, issue court claim for direct refund.

 

Similarly, I think you are now too late to seek interest on top of the refund.

 

With a bank charge claim, you would claim 8% interest at the time you file at court but would have included interest on the charges from the start of the reclaim process.

 

With a CCard claim, you'd seek repayment of the charges and, if they agree to refund before a court claim is made, there is no 8% Statutory Int't involved.

 

If you wanted interest at their Contractual rate, this would have to be claimed from the outset and they would refuse to pay. You'd then make a court claim and usually negotiate a settlement prior to a court date.

 

Just my opinion.

[meerkatsmimm]

Another update with this folks,

 

Put in my claim and LBA with regards the accounts and the CCA/CPR.

 

In response they agree to refund most of my reclaim for charges, only about 3% of my balance owed.

 

They then state they will credit this back to my account, and account which they refuse to stop adding interest and late charges to!

 

So the statement arrives in, refund added for late charges, then £24 of late charges added for this month, plus interest!

 

What planet are these people on....

 

Sure enough and as I expected, Mercers muckers Calder Financial have taken up the reins. Letter in from them asking for over £1k to be paid immediately and failure to do so within the next 7 days etc.

 

Their arguement will be that BC have provided the agreement, (no agreement, just T&C's as with everyone else on CAG) and now they have paid the charges, then there is no other dispute.

 

Although they have added more charges to the account since I put in my claim, so could I send an account in dispute letter again stating that there are unfair charges levied to the account and for so long as they continue to do this, the account will always remain in dispute?

 

Is that too simplistic, because it sounds like it could work.

 

Therefore their only way to stop this would be to freeze interest and charges.

 

Letter up for you all below, want to get my re-claim paid directly to me so if anyone can suggest a simple template letter it would be appreciated.

 

In terms of caulders, going to send the CCA request, account in dispute, and doorstep bog-off letter. Enough for starters or should we go further?

 

Thanks all,

 

meerkat x

 

(ps, could one of the site team maybe change my title to 'Meerkat gets chased by BC, then Mercers, now Caulder!' ) - Thanks x

 

[beachcomber60]

Afternoon Meerkat,

 

Cant really comment on the Calder letter - other than they use the magical words COULD - MAY, I'm still under the care of Mercers at the moment.

 

On the charges issue, I have done exactly what your thinking, my initial reclaim was successful, compound interest + 8%.

 

They still continue to add £24 penalty charges each month, so every two months I bang in a claim for reimbursement - they do refund it but I think I'm starting to rattle there cage a bit now - but hay ho until they supply my agreement I intend being a boil on their backside, holding back on court action at the moment as I have a big PPI claim against them.

 

Beachy ;-)

[meerkatsmimm]

Hey BC,

 

Well, we made a mistake about the claim in that we didnt add any interest a bit silly but at the time we were trying to sort out our bank reclaim and obviously didnt want to make the mistake of including the interest in that, so got tunnel vision and didnt include any for BC.

 

A royal mess-up because it would have doubled the figure re-paid. Slick suggested on my mums thread that we might be too late about interest and also getting it paid to us directly, but I never conversed with BC about this other than my claim letter which included the break down of charges until May this year.

 

Have they paid you this money directly or did you have to agree to their amounts being repaid before you got them?

 

Basically they sent a letter back to me saying they agreed to the refund and it would be credited to my next statement - little point when they keep adding interest and charges!

 

Im keen to get this money back, as I never agreed to it being in F&F settlement, I simply drew it to their attention, so would be keen to hear others responses.

 

While they keep adding charges Ill keep reclaiming them as well, it always keeps the account in dispute until such days as they stop adding charges, which wont happen unless they agree to take my token payments...

 

Im going to go after them on the CPR level because they still havent provided anything to me that represents an application or agreement, let alone an enforceable one - thats after CCA letters, CPR 1, CPR 2 and SAR requests.

 

Why be so obstructive if they have it?

[meerkatsmimm]

Hey Slick,

 

I only made them aware of the charges to claim the refund, the next thing I knew I had a letter from BC agreeing and then a few days later my statement showing it credited. (plus another £24 added for charges this month!).

 

So I never agreed the amount and didnt have the time to respond to their offer to reduce the balance, its just something they have done.

 

On that basis can I go back at them again?

[beachcomber60]

They didnt give the option as to reimbursing me, the refund came off the outstanding balance (expected it to come off the arrears - which would have wiped the arrears out ) so still have the full arrears.

 

As you say - if they got it why mess us all around as they are.

 

If they produced the compliant cca's we wouldnt have a leg to stand on.

 

Beachy

[meerkatsmimm]

Well having just looked through my BC file, the letters sent about the refund 'offer' came one day and this was added to my account which was printed the very next day...so what chance had I to accept or decline their 'offer'?

 

So with that in mind and the fact they still owe me for another months charges im disputing the refund and wanting it paid to me directly.

 

Afterall, it was paid to them out of my money in the first place, not as though I bought them with BC credits!

 

Agreed Beachy, they have no enforceable agreements because if they did it would surely save them this runaround (with I am sure huge costs in each case) and they could proceed straight to court and hammer us all.

 

No enforceable agreements - no monies Mr. BC!

 

meerkat x

[slick132]

So have they now refunded all charges made to the account, including recent ones?

 

When was this done?

[meerkatsmimm]

Sorry Slick,

 

I was still talking about my own BC account, sorry for the crossover!

[slick132]

Ahaa,

 

Keep stuff on the right thread to avoid confusion. If you need a new thread for your case, start one.

[meerkatsmimm]

Sorry slick, will do - got speaking to you last night and it all came out at once!

[slick132]

:lol:

 

[the_shadow]

Not sure what happened there... thought I was replying to the last post and it wasnt

 

 

If you want to claim interest, I cant see there is anything stopping you putting in a new claim, starting off exactly the same way... i.e. letter 1, letter2/lba, claim form if they refuse.

 

S.

[meerkatsmimm]

Hi Shadow,

 

Sorry for the confusion!

 

Thats the thing, we only had sent the 1st letter to BC for the claim and then they paid out.

 

When we worked out the claim with interest it tripled what BC agreed to pay out, so it was worth re-sending the updated claim in, especially as they simply added this refund to an account they continued to add interest and charges to!

 

Thanks and sorry for the mix up with the threads.

 

meerkat x