Mercers - what address do i send my CCA request to?

[experience]

I want to send my Barclaycard CCA request by recorded mail to Mercers who have sent me a couple of DN letters but they have a PO Box. Tried to do it on the online Royal Mail print your own postage but it wont let me send it to a PO Box. Will i have the same trouble at a post office or is their another address which i should sent to?

 

Their address is

Mercers Debt Collections Ltd

PO Box 55

Liverpool

L32 8XX

[alfwithhair]

I want to send my Barclaycard CCA request by recorded mail to Mercers who have sent me a couple of DN letters but they have a PO Box. Tried to do it on the online Royal Mail print your own postage but it wont let me send it to a PO Box. Will i have the same trouble at a post office or is their another address which i should sent to?

 

Their address is

Mercers Debt Collections Ltd

PO Box 55

Liverpool

L32 8XX

 

Mercers Debt Collections Limited

P O Box 55

Liverpool

L32 8XX

 

If in doubt just send it to Barclaycard. Mercers is a trading style of Barclaycard. They are, in effect, the same company.

[fossyr]

Hi i have just done this last week, had no problems in the post office and sent the cca request to mercers po box. the reply however came from barclaycard, so dont think it matters either way.

[experience]

Thanks - took it down the post office and had no problems

[fossyr]

Let me know how you get on with your request, I am going through the same process with Mercers/Bcard and it would be interesting to see if you end up with the same letters I have !!!! Good luck

[experience]

will do - should be good being at the same stage as we can compare how and when they respond to both of us, might make it a bit easier to find discrepancies in what they sent to us

[experience]

I've had a few default notices from Mercers Debt Collections in regards to my Barclaycard - so i sent them a CCA request as follows:

 

Mercers Debt Collections Limited

PO Box 55

Liverpool

L32 8XX

Dear Sir/Madam

 

Re: - Account No:

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

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 to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I look forward to hearing from you.

Yours faithfully

Barclaycard then responded by sending their T&C's as attached.

 

 

This morning i received a demand for full payment from another company called Calder Financial - attached

Should i now respond directly to Calder Financial, Mercers or Barclaycard?

I was thinking of using the following for my response:

 

Barclaycard

Barclaycard House

PO Box 5592

Northampton

NN4 1ZY

Dear Sirs,

Account No: xxxxxxxxxxxxxxx

Re: My request under the Consumer Credit Act 1974

This account is in Dispute.

 

On 16/07/2009 I wrote to Mercers Debt Collections Limited requesting that Barclaycard supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a copy of terms and conditions which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

Yours faithfully

Is this what i should respond with and should i send this directly to Barclaycard? Edited August 5, 2009 by experience

[debt4get]

this is the usual rubbish barclayshark respond with.. send the letter account in dispute and until they supply you with what you asked for will remain in dispute, they supplied me with the same rubbish told them exactly the same havent heard from them again for last 8 months or so

[debt4get]

I know some caggers have even responded by stating they will travel to barclayshark to get a look at the agreements, barclayshark have always declined.....strange...mmm

[debt4get]

remember if they do take you to court they are going to have to produce the cca which will be available under the cpr rules, I am wondering if you should ask them if is this the document they are intending to rely on in the event that this should go to small claims court?

[experience]

Ok i'l send the account in dispute letter directly to Barclaycard.

However on my CCA request i sent a telephone harassment letter - this new company are now ringing me everyday chasing the debt. Should i send them a account in dispute letter aswell as barclaycard?

[debt4get]

mercers are actually part of barclaycard they are just a different office

[debt4get]

wouldnt hurt to send it but why not just ignore em when they phone

[experience]

I am ignoring the calls - its just a pain as they call my mobile everyday and i cant change my number as i use it as a business phone.

Just noticed the address for calder financial is the same as Mercers

[alfwithhair]

mercers are actually part of barclaycard they are just a different office

 

So is Calders, its the next desk in Mercers Monkey Sanctuary

[lickthewallfatboy]

Barclaycard have MAJOR problems when it comes to furnishing compliant agreements

 

Wescot currently fancy their chances chasing their tails at the moment

 

silly kids,eh?

[experience]

Just sent my a/c in dispute letter to both Calder & Barclaycard - aswell as another telephone harrassment letter

Will let you know what happens next