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mercers power2 contact etc please help


charley666uk
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i have fallen behind with my barclaycard they have been sending me letters well mercers have since april telling me to call them i have replied to each one asking them to contact me in writing only but they just send me the standard you must contact us blah blah blah i have been sending them a cheque each month with a letter asking for acknowledgment and that my payment offer that i offered them was accepted and that i would stop getting these letters then last week i got a letter from power2contact saying that mercers had lost contact and that they where coming to visit me i wrote to them telling them they hadnt lost contact i just refused to deal with them via the telephone mainly because i am suffering post natal depression and really cant deal with speaking to people and that barclaycard had confirmed that they where dealing with my complaint and would have a written response by the 22nd september and also included a formal letter refusing them or there agents access onto my property,but an hour ago someone from power2contact turned up i told him all the above he phoned them and they have recieved my letter but still demand i call them,he also said i couldnt stop him from coming onto my property i could only stop the baliffs is this right?im worried and very upset i have told them how depressed i am and also the hard time i have had and why i have fallen behind with my payments i have just had twins im on standard maternity pay and havent been able to work full time since i got pregnant.

please someone give me advice i am really at a loose end i dont know what i can do.

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Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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.

 

Furthermore, with regards 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.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, 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.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

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utter bull

 

 

you are right and do not let the try and sway you other wise

 

did you send this letter in this link?:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

if not, print 2 copies sendon and keep on with you .

 

 

you can only pa what you can afford, obviousyyou are making payments but do not pay anymore than you can.

 

now barclaycard:

 

have you sent a cca request?

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

if not send it and include a £1 po and send recorded. send this power2 ad this will ensure they have te correct paperwork and are entitled to collect any payment.

 

Ida x

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utter bull

 

I agree :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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from your post it look as tho mercers have passed this to pwoer2 if so send it to power2

 

ida x

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the letter from power2contact said i was to contact mercers and the guy and the door gave me mercers number to contact even though he said he would be calling back if i didnt ring them.i will send it to mercers and a copy to power2 contact thanks for the replies i have been worried sick

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m_e014aa49cf1031dc6125fc267e3e0a68.jpg

 

 

 

Seriously, as a 'victim' of a P2C caller, you are absolutely right in saying they have no right or powers to visit you at your home - Rule number 1 never ever speak to them or mercers on the phone Rule number 2 never engage in conversation should he come back.

 

P2C sent me a letter giving me just 72 hours to ring capital one, the letter was deliberately sent to arrive after the 72 hours had expired, the man duly knocked on me door just before 9am and demanded I spoke to C1 on his mobile, he was politely 'requested' to leave my property, which he did do together with a strongy worded complaint letter (which I had waiting)to take back to his masters.

 

Although Barclaycard/mercers have constantly threatened me with P2C they know better then to knock on my door.

 

Stay firm and you'll get all the help from CAG.

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,he also said i couldnt stop him from coming onto my property i could only stop the baliffs is this right?im worried and very upset i have told them how depressed i am and also the hard time i have had and why i have fallen behind with my payments i have just had twins im on standard maternity pay and havent been able to work full time since i got pregnant.

please someone give me advice i am really at a loose end i dont know what i can do.

he had absolutely no right to tell you he could come onto your property if he appears again, ring the police and have him removed, he is trespassing, and if he peers through window have him arrested as a peeping tom

he has no power at all, and what he told you was absolute rubbish and i would also report them to the oft

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The police will not deal with trespassing as its a civil matter. Much better to report him for a breach of the peace or say that he has threatened you and you are scared.

 

I agree with the above. Report his and No power to CONtact to the OFT.

 

The muppet will only get paid if you contact Mercers so he will soon get bored if you do not respond.

 

If he does pollute your doorstep again take his picture but do not even speak to him or acknowledge him

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Unfortunately you let your guard down by letting this moron of a caller know your personal circumstances re post natal depression etc, and he probably just sees you as a weak woman. Sod him :D He has NO rights to come a-knocking, so if he comes back tell him straight that he has been told before that he is not welcome and that you have put this all in writing. Turn the tables on HIM - be firm, tell him straight that you do not deal with personal callers and that if he doesn't leave then you will have him done for harrassment/breach of the peace. Shut the door in his face and go and turn the tv up very loud. I know this is easier said than done and that you will be very worried and anxious, but I have been there myself and I now know (thanks to CAG and the like) that these bully-boy debt collectors have no powers whatsoever. If you shut the door in his face, what is the worst he can do? Stand on your doorstep? Keep knocking? Shout through your letterbox? Let's hope your letter box is at floor level so he puts his back out :D All of these things consitute harrassment and you could call the police as he will be causing a breach of the peace. I know that you do not want or need this kind of hassle, but you have already taken steps to sort the situation and the people on here will help you as best they can - you only have to ask.

 

Just had a thought... if matey boy comes back again, tell him that you just have to pop out for 5 minutes and could he babysit your twins. Tell him that they will need feeding and changing shortly. Should make him break the record for running a mile in under 5 minutes - no weak, pathetic bully boy like him could cope with looking after a baby (or two) :D

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hi i sent them the letter in the above reply also mentioned about the harrasment of the numberr of calls and texts they have sent me (mercers) but today i have now being getting txts and calls from calder financial do i need to write to them now has my debt been passed on i dont know whats going on i sent the postal order and letter to mercers but now calder are contacting me

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I have had exactly the same thing happen. I wrote to BC in Jan asking for for my CCA. All i got back was a copt of their terms and conditions, they didn't even bother sendign a blank Credit agreement.

 

I sent them the standard dispute letter and they just kept sending statements.

 

Mercers wrote to me, I sent them the Account inDespite letter, so send it back to BC.

 

Then P2C wrote to me, so they got the same letter that Mercers got

 

A month later, Calders have written to me, so they have got the same letter as the others. I sent this recored post, so i know they have got it, but i haven't had a response from them yet.............

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