New User: Mercers/Scotcall help

[rathian]

Hello,

 

I am in need of some advise and after reading a few of these threads I think you are just the group of people to help me out.

 

A bit of background first. I became unable to pay my minimum payment on my cards (Goldfish/Barclaycard, MBNA, Halifax) around November last year. I wrote to each of the companies enclosing my income and expenditure offering each between £30 and £36 per month dependant on % owed.

 

All three refused my offer, Halifax being the only one to respond requesting I speak to a debt management company. On the back of this I spoke to Payplan who said they could not do anything for me except send a pre-written letter and a copy of my income and expediture which I was to forward to the credit card companies. They also advised I offer no more than £1.

 

I sent the letters as requested. Halifax have accepted the offer and frozen my interest, MBNA have refused but are willing to settle for 40% of the account (money I have no hope of finding) before sending the debt to a DCA. Barclaycard passed the account to Mercers immediately who have been hounding me for months.

 

I have had the same conversation with Mercers every week for the past 5 weeks. Now they are threatening me with doorstep collections. Doing a search on the internet I found this site and have sent the doorstep refusal letter to both Mercers and Scotcall who Mercers have now set on me.

 

What's the next step? I have read that I should request a copy of my CCA. Do I send the letter N in the documents register or do I just go straight down the route of CPR 31.16?

 

Your advise would be greatly appreciated and would certainly help ease the worry I currently have.

Edited July 29, 2009 by rathian

[mr.ton]

Dont worry about Mercers or Scotcall..both of them are clowns who have no legal powers over you whatsoever to do anything.

Only the county courts have the authority.

Report Scotcall & Mercers to the OFT & trading standards.

If £1 per month is what you offer then they must accept it in a like it or lump it sort of way as thats what the CC would order anyway once all outgoings are taken into account.

Also..stop speaking to any of them on the phone, they will just bully you & say anything to scare you into paying up.

Refuse to answer security questions & insist everything must be in writing only.

[tosh1]

Hi Rathien

 

i am in the same boat as you with Barclaycard.

 

i sent bc a cca request and they sent me t and c.

 

I would suggest that you go via the cpr 31:16 route as they can then send a 'true copy' which is rubbish.

 

hope that helps.

[sam614]

send cca request.

do not sign print your name and enclose phone harassment letter also.

SAM:pLOWELL DETESTER

[GamekeeperToPoacher]

I would recommend the CPR route, based on a thread somewhere else CARO suggests that we should go CPR give them a fixed number of days and then go N244 (if my memory serves me) as a basic put up or shut up argument.

 

As I am on benefits I am seriously looking at that route.

After all what can I lose? I have nothing and if it goes to court and I lose all the DJ can say is £1 per month.

 

GK

[rathian]

I was asking because if I go down the CCA request route first it surely:

 

a) Buys quite a bit of time from everyone elses account which will allow me time to get more reading done on this forum

 

b) Allows B/C to fail on numerous occasions in providing information and builds up a history of breaches which could potentially stengthen your case if or when the courts are involved.

 

I might be wrong but that is why I was asking for advise and opinions

[rathian]

Sorry, I forgot to ask. Where would I send the CCA/CPR request to? Would it be to Mercers, Barclaycard or both?

[cerberusalert]

Mercers

[rathian]

An update.....

 

Sent off the CCA request to Mercers as advised on the post above. Sent this recorded on the 26th April. Just sitting and waiting now.

 

Scotcall Debt Collector turned up last night. Didn't give him chance to say anything as I caught sight of the Company logo on his fleece out of the window. Gave him the letter and shut the door on him. How good a feeling is that!!

 

Still getting lots of calls and texts from Mercers. Its up to 4 a day now since sending the letter requesting everything in writing on the 24th. I have not answered any calls as they always phone home when I have already left for work and my mobile while I am in work. I am taking notes on every call I am made aware of and log the time and date where known.

 

Is there a followup letter available in this case telling them to that you have already written to them to ask them to stop calling?

[UnitedFront]

Hi, I don't know if anyone has posted the telephone harassment letter up for you yet (am running slightly short of time to read through entirely:) )

But here it is just in case:

 

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

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 the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Yours faithfully,

 

 

 

 

 

Fire that off to the clowns as well!!

 

All the best.

UF

[sam614]

tell them "In writting only"every time they call,put the phone down and dont let them draw you into any conversation,you are in charge not them.

continue to log the calls.

 

dont waste any more money,you have told them once,report them to oft and ts.

SAM:pLOWELL DETESTER

[GamekeeperToPoacher]

Rathian,

 

My number is a mobile - only one I have so I know it is them calling before they do. When they ask to speak to Mr Game Keeper I just say "No" and wait. They always put the phone down.

 

GK

[rathian]

Update

 

I finally received the attached items from BC yesterday. Can you please advise which would be the best course of action to follow?

Barclaycard Section S78 Reply.pdf

Barclaycard S78 Reply T&C2.pdf

Edited May 29, 2009 by rathian
modify attachments

[PGH7447]

Very nice and not a lot of use, send them this amended to suit

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 

[PGH7447]

and you left your name on the second letter

[rathian]

Thank you for your quick reply. Do I send this letter to Barclaycard or to their lackeys at Mercers?

[cerberusalert]

Whoever is chasing the alleged debt, Mercers are in fact Barclaysharks in-house collection arm.

[rathian]

UPDATE

 

Received this letter yesterday fro BC. Is it now time for the CPR route? or something else?

Modified Barclaycard reply 2nd June.pdf.pdf

[rathian]

Anyone?

[Huff&Puff]

Ignore them from now on until such time as they issue court papers (Hell will freeze over first). You know you have a vaild dispute, and so do they, whatever stupidity they write in their letters. You've stated your position, and nothing is gained by playing letter ping-pong.

[PGH7447]

Yawn - sorry what did their letter actually say, ignore the cretins as stated above

[rathian]

Morning,

 

After several letters to Mercers/Scotcall and Calder followed by a CCA request and a default on the CCA request letter getting me no sensible responses, just the standard pre-printed ones, I decided to send an SAR to Barclaycard.

 

41 days and a package turns up. All it contained was a covering letter (attached) and about 30 odd pages of statements and computer screen shot statements.

 

In the covering letter the customer services department admit that they have nothing else to send me, no default notices, no record of selling my debt to Mercers, Scotcall, Calder and no CCA agreement.

 

Can you kind people advise what my next step should be?

 

Thanks in advance.

Reply to SAR.pdf

[PGH7447]

IMHO - you are Home free, next time they write tell them that has there is no credit agreement for this alledged debt you want all data they hold on you removed from their files and that any defaults registered with the CRA's are to be removed within 14 days

[tosh1]

Hi PGH7447

 

What if they don't remove the data? What can be done.

 

Tosh1

[PGH7447]

you would have to take them to court probably or write a letter to the cra's stating that no agreement exists therefore you want any data from BC removed from your file