Barclaycard Mercers and Power2Connect Help Urgently Needed

[rizel23]

haha

 

i shall be using a shaded box and a line through and red ink i think!

 

thanks

[mikek]

don't forget to draw little pink hearts around your signature.

 

it will make their life much harder in photoshop!

 

LOL

[diddydicky]

Hi DD & Shadow,

To clarify:

Initial CCA request & £1 fee dated 12/05/09 delivered 14/05/09

BC responded with T&C's 20/05/09

Sent nominal payment to BC as my initial requested value 01/06/09

Sent 2nd CCA letter "Account in Dispute" "Thank you for your letter of 20/05/09 ...you have failed to respond to my legal request original copy of CCA etc" dated 03/06/09 stating that account entered default on 28/05/09 (12+2days after initial request)

Letter from Mercers dated 04/06/09 A/c + Balance + Amount Due £xxx to reach Barclaycard before 21 june 2009 received by me on 09/06/09

 

Would it be better to get this all in the one thread re Barclays CCa?

Yours

Murph

 

ok the DN is your strongest weapon so far as it is defective at least in the time given to rectify- 4th June was a Thursday so if sent 1st class then service is deemed to have been made on Monday 8th 14 clear days from 9th =22nd not 21st. If it was sent second class - gives you even LESS time (did you keep the envelope)?

[the_shadow]

ok the DN is your strongest weapon so far as it is defective at least in the time given to rectify- 4th June was a Thursday so if sent 1st class then service is deemed to have been made on Monday 8th 14 clear days from 9th =22nd not 21st. If it was sent second class - gives you even LESS time (did you keep the envelope)?

 

 

Ahem post #3 above...

 

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section 88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and a postal address of the debtor or hirer.

 

and where is Barclays postal address on that default notice.

 

S.

[diddydicky]

just testing !!

[MurphyW]

Hi Shadow and DD,

You are starting to leave me behind now.

Firstly, No I didn't keep the envelope (stupidly).

No Barclays full postal address is not on the letter.

Payment due date requested was 21st June.

On the same day I received the refuting statement from Barclaycard dated 8th June

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVCCAREPLY2a.jpg

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVCCAReply2b.jpg

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVCCAReply2c.jpg

Then on the 10/06/09 I received a Barclaycard statement showing all the balances, a minimum payment, due date of 6th July asking for the arrears as Mercers DN plus a further monthly minimum payment amount by 6th July 2009.

They also said" Mercers Debt Collections Agency is now dealing eith your account. If you're unable to meet the above terms please call.... Signed Lynne Dineen (Head of collection)

 

Then on 15th June I received a lwetter dated 11th June saying that they are very sorry to learn of your dissatisfaction. Aim to resolve matters by 1st July 2009.

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVReplytoCmplaint110609.jpg

Then a further letter regarding temporary hold on interest to 6th July

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVAdviceLtr150609a.jpg

http://i668.photobucket.com/albums/vv46/MurphyW_2009/BCV2/BCVAdviceLtr150609b.jpg

These were then followed by the Mercer and P2C in Post#1

Now starting to wonder what is the next move.

All advice gratefully received.

I have sent letters to Mercer and P2C regarding revoke licence to visit property etc but nothing further disputing the default notce or any other matter.

Look forward to your help

Thanx

Murph

[the_shadow]

A Defective default notice only comes into play if they terminate the agreement on the back of it...

 

Termination is either by letter or by action, if they say they want the full balance of the account immediately that could be deemed a termination event.

 

Now as for Mercers... its Barclays pet poodles so dont get to despondent about all the phone calls and letters.

 

The letter from Barclays stated making a token payment amount? Is the CCA enforceable? From what I've read on this thread you havent received it? If thats the case then the account is still in default so you need to send the "bemused why this has been passed etc etc etc account in dispute letter" to Mercers

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

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

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *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 the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

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

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

Edit this one and try it

 

S.

[kurvaface]

If you think P2C are harassing you, ring trading standards

 

08454 040506

 

They are looking at power2contact and every complaint / info helps.

 

Good luck:)

[MurphyW]

Thanks for that Kurvaface,

I'll see how we get on as I've just sent them a don't darken my doorstep letter.

Thanks for joining in.

Best

Murph

[diddydicky]

If you think P2C are harassing you, ring trading standards

 

08454 040506

 

They are looking at power2contact and every complaint / info helps.

 

Good luck:)

 

ah- i just got a card (posted in an orange birthday card envleope (twats) from the co op saying Power 2 contact will be paying me a visit

 

ill pass that one on too

[rainbow moon]

Murphy, yes after posting it up here and getting advice it may well be enforceable, it is very hard to read though as the copy is so small. I can read my signature though. They have messed up on my dn though so all hope is not lost yet

Mine was with morgan stanley - link to mine below. Good luck Rainbow x

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/203959-barclaycard-old-morgan-stanley.html

[MurphyW]

Hi Rainbow,

Lets hope you can push them hard on the DN then.

I also have a Mastercard from Barclays and have been sending tandem letters and responses to them. Up to now everything has been the same.

Today I received a DC letter from a company calling themselves ScotCall apparently working for Mercers.

Well I just had to send them a letter telling them that the account was in Default and that they should stop pestering me and refer back to Barclays.

I did get a reply from Power2Contact that I wrote to saying that they had forward my letter to the appropriate company!! (See my thread re Mercers CCA)

These companies all seem to be called by different names when you send letters to them recorded delivery as our post offeice clerks always have to check whether the name is corrrect!!

Yours

Murph

[diddydicky]

personally i would LIKE them to lift my signature and use it- that way i could "nail them" with it

 

rather than spoil your signature or mark it with lines etc may i suggest that you simply ADD a letter to it (say your middle initial if you do not use it normally ) or TAKE IT AWAY if you do us e it normally

 

or simply add another letter into the signature

 

it won't be noticeable to them BUT if it were to appear on any document coming back to you i venture to suggest that disclosure of this fact to the court would blow them right out of the water

[GeoffreyAlby]

Any updates in this case?

[GeoffreyAlby]

Ahem post #3 above...

 

 

 

and where is Barclays postal address on that default notice.

 

S.

 

Hi The shadow

 

Whereabouts in the CCA did you get the paragraphs about the original creditors address having to be on the Default Notice? Thanks in advance

[cerberusalert]

Hi The shadow

 

Whereabouts in the CCA did you get the paragraphs about the original creditors address having to be on the Default Notice? Thanks in advance

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

[GeoffreyAlby]

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

 

 

Doesnt this paragraph override a missing address?

 

 

Errors and omissions

41. Where a notice or statement contains an error or omission which does not affect the substance of the information or forms of wording which it is required by these Regulations to contain, that notice or statement shall not breach these Regulations on this ground alone.

[cerberusalert]

The DN is defective in other ways though.... the remedy date.

 

So it's another nail in their coffin.

[MurphyW]

Hi Guys,

I've not heard from Barclaard or Mercers or P2C since October 2009.

I hope that this doesn't wake them up as it is nice and quiet on that front!

May be the recent ruling by the courts are making them think about the next way forward!!!

Murph

[GeoffreyAlby]

Hi Guys,

I've not heard from Barclaard or Mercers or P2C since October 2009.

I hope that this doesn't wake them up as it is nice and quiet on that front!

May be the recent ruling by the courts are making them think about the next way forward!!!

Murph

 

 

Did you get a letter from P2C saying they were going to do a doorstep visit within 72hrs if u didnt respond? If so did u respond?

[MurphyW]

Hi Geoff,

Yes it's a standard frightener's letter.

I did send to both Mercers and P2C the following letter: -

ACCOUNT IN DISPUTE

 

Dear Sir/Madam

In a direct response to your recent letter, dated xx/xx/xxxx, received at this address on xx/xx/xxxx

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

There is only an implied license under English Common Law for people to be able 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.)

THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES TO VISIT ME AT MY PROPERTY AND IF YOU DO SO, THEN YOU WILL BE LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recorded either by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient.

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed.

 

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

I do believe this makes my position clear and unambiguous. I have previously made it clear that all negotiations should be carried out in writing.

 

 

Make sure you print your signature or do something different in it.

Sent this to P2C and cc'd Mercers in June 2009.

I also sent a separate letter to Mercers: -

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam

In a direct response to your recent letter, dated xx/xx/2009, received at this address on xx/xx/2009

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Barclaycard, the original creditor and has been since xx/xx/xxxx.

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

 

My last letter from Barclaycard Mastercard specifically was on xx/xx/xxxx and as Barclaycard ........card are now in default of my Consumer Credit Act request, OFT Collection Guidelines, 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 the Barclaycard Mastercard for resolution of these defaults and breaches, as neither Mercers DC Ltd nor Power2Connect can lawfully pursue any enforcement activities.

 

If either Mercers DC Ltd or ScotCall 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

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

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Not long after this I had a letter from another DCA Scotcall.

Do the same to them to.

Yours

Murph

[MurphyW]

Geoff, If you read the early posts of this thread you will see the letters and the continuity for yourself.

Yours

Murph

[MurphyW]

Hi All,

Just to quickly update this thread: -

In the end as we have a number of credit cards we decided to stop paying them all (including my other half's) and put all through a Debt Management Plan. Saved me loads of time and angst as they now handle all correspondence for all our debts leaving me free to concentrate on earning money to pay it all off sometime in the future.

I wish all on here successful claiming, as I'm sure there are ways forward for all depending on individual circumstances.

Best Wishes and thanks for all your comments, help and replies.

I learnt loads and can now also help other people in similar circumstances whenever possible.

Yours

Murphy

[MurphyW]

Hi All,

Just to quickly update this thread: -

In the end as we have a number of credit cards we decided to stop paying them all (including my other half's) and put all through a Debt Management Plan. Saved me loads of time and angst as they now handle all correspondence for all our debts leaving me free to concentrate on earning money to pay it all off sometime in the future.

I wish all on here successful claiming, as I'm sure there are ways forward for all depending on individual circumstances.

Best Wishes and thanks for all your comments, help and replies.

I learnt loads and can now also help other people in similar circumstances whenever possible.

Yours

Murphy

[kurvaface]

nice