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rustydog

Urgent advice please re DCA threaten home visit

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I have another thread in General re our situation.

 

However, husbands debt from barclaycard passed to Mercer Debt Collections but this morning received letter from 'power2contact' saying that Mercer have engaged them to make contact with husband and intend turning up on doorstep.

 

I'm pulling my hair out - husband works away and i'm here with kids on my own all week.

I have the template from this site to send them about not giving them permission to turn up at my house - can i send this now to put a stop to them before my husband sends CCA request?

 

Would appreciate urgent advice from anyone regarding this?

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They have absolutley no power whatsoever to call on you. If they do tell them to (Rhymes with cluck) off. If they refuse call the police

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Send them this also:

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to visit me in person over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange another “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 such an appointment with you.

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 & Short Ltd [1959] 2 QB 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

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Send it recorded....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thanks - woody, had to laugh 'rhymes with cluck' - I shake whenever someone knocks on the door!!!

 

I have the letter, about to print and send (will send recorded, 42man) but am wondering should I send one to Mercer and a copy to P2C also? and I have read that P2C send horrible little yellow cards thru the post without an envelope so the bloody postman and god and his good neighbours know all your business - can i put in the letter that only correspondance sent in an envelope or something.....?

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Thanks - woody, had to laugh 'rhymes with cluck' - I shake whenever someone knocks on the door!!!

 

I have the letter, about to print and send (will send recorded, 42man) but am wondering should I send one to Mercer and a copy to P2C also? and I have read that P2C send horrible little yellow cards thru the post without an envelope so the bloody postman and god and his good neighbours know all your business - can i put in the letter that only correspondance sent in an envelope or something.....?

 

If they do that they are in breach of the data protection act and you should report them for it.

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Ok. One more question for now - should i be firing off CCA request or something at the same time?

 

Spent all day Monday sorting thru all the post that I'd thrown in a drawer without opening (burying the head in the sand syndrome) and am in the middle of 'to do' list - mis-sold ppi's, defaults, sar's, cca's blah blah - just terrified we are going to mess it all up!:(

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am just about to do a CCA request to get sent off today - but am confused - do you send it to Barclaycard or to Mercers? If BC have passed debt to Mercer's should it be them who hold the CCA?

 

Advice gratefully received......this is an absolute maze!

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Thanks - woody, had to laugh 'rhymes with cluck' - I shake whenever someone knocks on the door!!!

 

I have the letter, about to print and send (will send recorded, 42man) but am wondering should I send one to Mercer and a copy to P2C also? and I have read that P2C send horrible little yellow cards thru the post without an envelope so the bloody postman and god and his good neighbours know all your business - can i put in the letter that only correspondance sent in an envelope or something.....?

 

 

Hi rusty, give it one month and then come back and tell us how strong you're feeling!! Trust me, this site will let you feel empowered once again, to take on this yobs!!!

 

You're at the right place and you will be suprised how strong you get and how fast you get there!!!

 

All the best.

UF


I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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am just about to do a CCA request to get sent off today - but am confused - do you send it to Barclaycard or to Mercers? If BC have passed debt to Mercer's should it be them who hold the CCA?

 

Advice gratefully received......this is an absolute maze!

 

Send it to Mercers , they are barclycards in-house debt collectors ,they only work for b/c , as such they have a duty to pass it on if they cant fulfill it anyway . When it comes back , don;t be surprised if it is b/cs standard t&cs , That is what they send to every one , but don;t worry that can put them into default . See other B/card threads and don;t worry , you have absolutely no obligtion to speak to anyone who comes to your door , they have no powers , i could get that job tomorrow , if I was a sad loser , it s just mind games . Every thing in writing , Do not talk to them on the phone , and do not verify for security etc .

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Thanks UF - thats what I keep telling myself - you'll be in a much better place this time next year!!lol

 

I've got a ton of s**t to sort out for myself and my husband has even more, but we are going to open new bank accounts to take back control of our money and plough thru the lot - so in the next few days, weeks I will start new threads for each new case because I know I'm going to need advice.

 

This site has so much information and just keeps growing - you read so much and together with whats already going round in your head - you simply can't absorb anymore, lol

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Send it to Mercers , they are barclycards in-house debt collectors ,they only work for b/c , as such they have a duty to pass it on if they cant fulfill it anyway . When it comes back , don;t be surprised if it is b/cs standard t&cs , That is what they send to every one , but don;t worry that can put them into default . See other B/card threads and don;t worry , you have absolutely no obligtion to speak to anyone who comes to your door , they have no powers , i could get that job tomorrow , if I was a sad loser , it s just mind games . Every thing in writing , Do not talk to them on the phone , and do not verify for security etc .

 

Many thanks for that - off to Mercer's it goes. TBH, god knows how many calls a day are coming thru - I've started just lifting the receiver and putting it straight back down and if we have anyone round I take the plug out of the wall!

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If they are calling you send them this:

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. .

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued 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.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

I dont ask for payment...jusy a click of my scales gives me days of pleasure

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Thank you..........I've now sent off telephone harrassment letters, 'door step visit' letters and CCA.

 

Now going to figure out action plan for some of the rest.............maybe a long night lol,

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