barclaycard/mercers-is this right?

[big.syd]

hello my learned friends,

brief history for this thread.

cca barclaycard in june 2009 for barclaycard- formerly morgan stanley,

and then goldfish.

recieved the usually response that all you with barclaycard are familiar

with.

wrote back to them putting accont in dispute and warning them not to take further acction on account until dispute has been resolved

(like they really listen).

have been bombarded by the phone calls and texts.as yet i have not responded to any calls.

recieved a text end of last week informing me that account has been passed to MERCERS.

thanks to this great site i am aware of who mercers are.

this morning i recieved the following dn from mercers.

i would be grateful of any advice regarding this.

can mercers send the default or should it have been served by b/c

it say payment to reach b/c BEFORE 18th oct.

does that mean 18th does not count as 1 of the 14days to

remedy the dn.

thanks for looking

06-10-2009 08;39;34mdn.PDF

[beachcomber60]

DN is a load of old tosh! - for a start it is not in the prescribed format, Mercers have sent me several of these 'DN's' over the past 12 months since I stopped paying BC - how many times can a DN be served against the same account ?

 

File it for future reference - I'm taking BC to court and will be bringing up the DN (alledged) as part of my claim.

 

Beachy

[big.syd]

thank-you beachcomber for taking the time to respond.

in what way do you think it does not conform .

is it possible you could explain to me .

thank you

[the_shadow]

Ok, you've only given us one side so the prescribed text which should be on the default notice could be on page 2, we cant tell:confused:

 

As to the dates, it was sent on 1st Oct, they have to allow 2 days for first class post and 4 for any other postal service(2nd/ukmail etc)

 

So 1st was a Thursday so allowing 2 WORKING days takes you to Monday 5th Oct, so 14 days starts from Tuesday 6th Oct. Basically they havent allowed for the sending of the default in the post.

 

Right now the biggie... can you find Barclay's name and address as the creditor on that default notice?

 

Taken from Consumer Credit Enforcement Default and Termination Notices & Regulations 1983

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--

 

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

 

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

 

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

 

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.

 

 

Mercers are acting as agents according to the default notice, therefore the address of the creditor or the owner is not on that default notice.

 

S.

[big.syd]

thank you shadow,

i have uploaded the rear of the dn for your

perusal,

how cn they get it so wrong everytime...

what should i do?.

doing nothing at this momment seems to the general advise given out at this at stage.

any advise is most grateful.

06-10-2009 10;21;21back.PDF

[the_shadow]

thank you shadow,

i have uploaded the rear of the dn for your

perusal,

how cn they get it so wrong everytime...

what should i do?.

doing nothing at this momment seems to the general advise given out at this at stage.

any advise is most grateful.

 

Ok the back looks like it has the prescribed text on it.

 

Reason they do it, as out of 100 default that get sent out maybe 1% find their way were, the rest dont know or have access to the knowledge they need. Also if they changed it now its like admitting all the defaults they've ever sent out were defunkt and a large compensation bill could ensue for damage to peoples creditworthiness.

 

Never underestimate a banks ability to blindly run down an alley only to prefer charging at the wall rather than turning around

 

As to next steps, normal advice is to hold tight and wait for the DCA's to come a looking or the termination letter or perhaps both.

 

S.

[big.syd]

thanks shadow,

loved the brick wall anallagey:lol:.

so far so good then.

i will sit back and wait then.

will post up any updates as i get them.

i will continue to refuse any calls from them.

one last question for the momment...

at what stage should i consider S.A.R.

DESPITE the miserable weather you have BRIGHTENED

my day up.

thank you.

[the_shadow]

thanks shadow,

loved the brick wall anallagey:lol:.

so far so good then.

i will sit back and wait then.

will post up any updates as i get them.

i will continue to refuse any calls from them.

one last question for the momment...

at what stage should i consider S.A.R.

DESPITE the miserable weather you have BRIGHTENED

my day up.

thank you.

 

Ok as to when to SAR.

 

Well with whats happening now, unless you can claim back charges+mis-sold PPI to wipe out the balance or make a big dent in it I would hold off the SAR until the debt gets sold. You then have two trains of thought.

 

Be aware that Barclays has numerous internal DCA's who all pretend they are external, its in your interests to play along with this external company ruse especially in light of the default coming from Mercers. [Both options below should only be used with EXTERNAL DCA's.. for Barclays internal DCA's a bemused letter should be sent IMHO]

 

Option 1. Hit the new DCA with a s78 request, wait 14 days and if they cant provide it, send off a SAR to Barclays and hope that there is some internal slip up and an internal memo mentioning not being able to produce a CCA comes up.

 

Option 2. Hit the OC with a SAR as soon as the DCA comes a looking to find out if the debt has actually been sold or assigned.

 

Others may have better suggestions tho.

 

S.

[beachcomber60]

Sorry couldnt get back to you before now, been on nightshift last night and just got up, I see Shadow has enlightned you regarding the DN.

 

Mercers will pester you with phone calls, threat-o-grams, probably send you silly little blue envelopes containing a card stating that they are going to send someone to visit you - I've had four this year while account in dispute, no one has ever turned up.

 

After Mercers give up, the next in line will be Calders Financial (Still Barclaycard's in house dca), they'll follow the same pattern as Mercers.

 

In my case Calders were sending all sorts of threats, however, Barclaycard then admitted the account is in dispute because of mis sold PPI and suddenly everything has gone quiet - no statements - no letters - no phone calls, and I've just found out this morning that I've been denied access to my on line account so its now impossible to know what charges/penalties have been added or what my balance is, yet more ammo to my PoC.

 

I am taking BC to court as although they have admitted ppi was missold they wont refund the premiums let alone the interest they've charged over the years.

 

Just remember to keep everything they send you (inc. the envelopes) and if/when you write to them make sure its recorded delivery - and DONT speak to them on the phone.

[big.syd]

thank you beechcomber,

your input is very much appreciated.

first of all may i wish you good luck in your battle with B/C.

i have sent everything recorded delivery,

i have kept envelopes,

and i never ever speak to them on the phone.

i have been reading as much as posssible on this site.

(very addictive it is too)

if any visiters do threaten to call i will write back to them telling them

they are most welcome to do so, PROVIDING they bring along the

c/a with them.

8).

[Harrassed09]

Shadow/Beachcomber

 

Are moorcroft external?

 

Have same DN from Mercers as Sid

 

this week Moorcroft pre-court Division wrote twice as 'agents' for Barclaycard - are they really external?

 

CCA I have received IMHO is unenforceable doesnt' contain prescribed terms and back is a cut and paste job

 

If Moorcroft are external then is this effectively termination?

[big.syd]

letter from "scotcall" saying they will be making a

doorstep visit:p.

lets hope they bring a copy of of the agreement with them

if they havent got it they will be told to "foxtrot oscar":cool:

[slick132]

Hi Syd,

 

Doesn't sound like you need this but, just in case - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

[sunflower99]

letter from "scotcall" saying they will be making a

doorstep visit:p.

lets hope they bring a copy of of the agreement with them

if they havent got it they will be told to "foxtrot oscar":cool:

Hi big Syd

Actually in my case Scotcall actually did send me a real human ! if you can calll them that! LOL .The man called just aftter a letter from Scotcall was sent warning me of his impending visit,However me and my Oh just ignored him and he went away !It was a bit like a scene from a comedy film! This man started banging on our front door we suspected at time it was Scotcall as i had just got a doorstep caller letter and most callers ring door bell,There was something a bit aggressive sounding and intrusive about that banging on our door that made us realise it was scotcalls,My OH crept into front room to peer discreetly through net curtains to get a look at him! trouble is our dog followed my oH and jumped up on our window sill barking loudly and his wagging tail started banging against window making quite a racket !My OH kept telluing him sternly to get down but our dog ignored him! I was terrified that the man would think i was banging on our window to attract his attention and his mug would come looming at our window! :eek:However luckily the man did not but just went over to our back gate and started thumping on that instead! In end he gave up and pushed a card through my letter box in an envelope saying delivered by hand! in a pathetic attempt to worry me! and he sat in his car outside our house for about ten minutes before driving away! So even if one calls round thre is nothing they can legally do and if you either ignore them or answer door and tell them to get of your property in cases i seen involving Scotcall on these threads they just mutter they only doing their job give up and walk away!

[big.syd]

thank you ,

it would appear that scotcall did send someone

on thursday to my place of work.

i wasnt there but he wouldnt say who he was

or what it was about.

apparently he was massive and wore standard issue

trench coat, oh i wish iwas there:D

i know they shouldnt visit at place of work, but that is the

address i have been communicating with them from.

no appointment was made, wonder if they will return

after being told i havent been there for a while(little

white lie).

my question is are scotcall part of B/C or has this

account now been sold on the back of a faulty D/N.

THANKS FOR FOLLOWING MY THREAD:-)

[big.syd]

just checking through my paperwork, it would seem

that scotcall are collecting on behalf of mercers/barclaycard.

noticed that the amount they are asking for in there lettter

is equal to the amount of arrears showing.

this account defaulted yet mercers are still adding interest

to account, didnt think they could do this after default.

so it would appear that mercers still hold the account.

[sunflower99]

Hi bigsyd

Scotcall are an external debt collection company who Barclaycard just commonly use,Other banks use Scottcall too,Scottcall were set on me by Barclaycard too,It is awful he appearfed at your place of work:mad: That is even worse than harsement at your own home as it is a very mean way of treating peoples as it cause embarrement and humiliation in front of your work colleagues.It is no better than calling on someone in a big van with Debt Collecter written on it,I would think that would merit a compliant,I had a different problem where Barclayshardand MBNA were phonning me at my work place and actually saying who they were:mad: i eventually got them to stop with telephone harrasent letters but it was definitly a breach of ofT guidlines,So these banks stop at nothing to embarress and huiliate people in their work place:mad:

[slick132]

Hi BS,

 

If you have been communicating with Scotcall or BC/Mercers from your work address, it's understandable why they turned up there. The a/c would still appear to be with BC/Mercers and has NOT been sold on.

 

At least they DIDN'T confirm exactly WHY they were there.

 

I suggest you now write to BC to:-

 

Confirm they have failed to reply properly to your CCA request of xxdate. The T&C's they sent do not fulfill their obligations under CCA1974.

You therefore give them a further 14 days to supply the required copy of your executed credit agreement in accordance with your original CCA request.

If they fail to comply, you will make a formal complaint to the FOS

 

And, if they fail, lodge a complaint in writing to the FOS sending copies of relevant letters to and from BC.

Also complain about BC's breach of the OFT Debt Collection Guidelines, when the account was in dispute, by demanding payment, harassing you by phone, letter and a collections visit.

[big.syd]

thank you,

i will get that letter sent out tommorrow.

should i now SAR them at the same time

or hold back on that for the time being.

was thinking about where the account is now,

in terms of ownership...

[slick132]

Hi Big Syd,

 

If there have been penalties charges added to the a/c, I'd send off the SAR now, so you can set about reclaiming them.

 

Send it to BC.

 

[big.syd]

thank you slick.

will send of SAR today,will post up any further

letters as i receive them.

[big.syd]

following a letter i sent to barclaycard complaining about

thier lack of response to my cca request, and the fact

that i have been bombarded with calls despite the account

being in dispute.

recived letter from B/C stating they will investigate my complaint

and would try to respond before mid december.

recived 2nd letter mid dec fromB/C stating they cannot provide

me with a full response at present but will contact me again by

14 jan 2010...

sandwich between these letters is one from B/C OFFERING

25% reduction as full and final. offer only available up

to christmas.also 2 other discounts available in same letter.

none of which i shall take up their offer:p.

letter from mercers with big bold "48 hour notice" or we will

pass this to local debt collections firm in your area.

"YOU ONLY HAVE 48HOURS TO STOP FURTHER ACTION"

it would now appear that mercers have passed this on to

Calders. first letter from calders requesting full sum within

7 days i will post up their letter.

meanwhile B/C are continuing to add monthly interset

of nearly £200 per month while account is in dispute

and on the back of a dodgey D/N.

i am aware that calders are mercers are barclaycard.

should calders letters display the fact they are part of barclaycard.

[oilyrag]

removed

Edited January 27, 2010 by oilyrag
advice

[big.syd]

ok ,

heres my latest letter recieved from calders.

14-01-2010 11;22;45cald.PDF

[big.syd]

thank you oily,

please enlighten me:)