barclaycard/mercers-is this right?

[oilyrag]

removed

Edited January 27, 2010 by oilyrag
advice

[the_shadow]

Hi Big Syd,

 

If you go on to the Companies House website and search for Mercers you will note that the company is registered as being dormant. I.E. That it is just a name owned by Barclays Bank plc. That means that they cannot legally trade at all, they submit no accounts, pay no taxes etc etc (all a requirement of Companies Act if you make even just one transaction or lead people to believe that you are a legitimate company). We (along with others) have been assured by officials that the matter is being looked into with a view to stamping out their (and Barclays) dubious practices as it is also an infringement of the Misrepresentation legislation.

 

Some where on here and I cannot find it now, recently a worker for a CMC stated that they had been paying Mercers on behalf of clients by cheque. Suddenly that was stopped as Mercers can no longer operate a bank account. The CMC concerned (or their clients) now had to pay Barclays direct NOT Mercers. I cannot confirm this as we just blow them out of the water and have been instructed by our sols to just ignore them as non entities. Yes the harassment does continue but we just start quoting the relevant sections of law/regulations they are infringing and they normally put the phone down now. We discuss nothing, We log all of the calls and just ignore and file the letters and envelopes as legally instructed for future use against them in evidence. Marked of course with the date received.

 

Hello Guest!!!!

 

Regards

OR

 

Hi Oily, great name by the way

 

I was party to that thread with the CMC worker and suggested perhaps they had changed things in that the payments were no longer to go to Mercers, the following month payments resumed to the normal account again with cheques being cashed.

 

S.

[snapper2020]

Mercers last acounts were made up to 31st December 2008 so it was a dormant company at that date. The company could however, have started trading on any day after that - say 1st January 2009. We will not know until the time for filing the next years anual accounts comes around.

[oilyrag]

removed

Edited January 27, 2010 by oilyrag
advice

[big.syd]

interesting!!

therefore do calders have any right to try

to pull in debts on behalf of either B/C or

mercers?

[big.syd]

also, does anyone have any thoughts on

theier wording as to what will happen

regarding further action they will take

[oilyrag]

removed

Edited January 27, 2010 by oilyrag
advice

[big.syd]

firstly, may i thank you all for your comments

on this thread.

all of your comments are noted, and we all need to

find the best way to handle our situations.

Barclaycard are a tiresome lot to deal with.

 

Today i recieved the following letter from Barclaycard,

pretty much the respose i was expecting from them:confused:

they say they have complied with my original

request, but i have still to see my original

agreement.

nice of them to put calls on hold for 28 days though:wink:

b-card.PDF

[slick132]

Hi Big Syd,

 

At least in your case BC have given you their Final Response, so you can now try a complaint to the FOS.

 

In other cases recently, they've failed to confirm it's their F R.

 

Read her for a template letter I drafted to send to the FOS - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html#post2575342

 

I have a suspicion that this route may no longer be useful for getting sight of your credit agreement, after the Manchester test cases. But try it anyway as it costs you nothing but a stamp.

[big.syd]

thank you slick,

i will read turough that post as advised.

i personally think its better to let them

take me to court, rather than me chase

them.

they would have to show what evidence

they hold and at that stage i will get to see

any agreement they hold.

i already have a defective D/N so that

alone will cause them problems should

it procede to court.

i will send letters to them every 4-6 weeks

reminding them that the core document that

i am entitled to see has not been sent.

at least it will show that i have continued

to assertain my standing as a consummmer.

[sunflower99]

I am sure as is the case with most of us caggers! Calder will give up on you eventually if you just ignore them and then most probably Barclayshark will attempt to play pass the parcel with the outside DCAS such as Wescott RMA NCO etc etc .This is what happens to most of us on CAG But they are usually normally seen of with a couple of account in dispute letters!

[big.syd]

thank you sunflower,

i still think that the account has probably

yet to be terminated, so i will have to wait

for that.

should i also be recieving noa letters

when this is passed along the line?.

[sunflower99]

Hi bigsyd

Barclaycard gone quite quiet now and i not heard from anyone concerning this account for several months,I dont think my account been tereminated either I just got defaulted by Mercers soon after they received my cca request,Scotcall amd wescott are the only DCAs i seen off so far ,I just send each new Dca they set on me one or two acount in dispute letters and then ignore thm Like you they never sent a proper response to cca request just unsigned ts and cs so far!

[big.syd]

hi sunflower,

seems we are in similar position.

they refuse to accept that by not sending

original agreement that there is a disupte

and continue to pile on the intrest charges.

guess were in for the "long haul"

[sarnie2109]

Another long hauler here too!!

[big.syd]

safety in numbers.

no need to ride alone here:)

[big.syd]

just reading back through my thread and noticed

all of oilyrags posts in my thread have been removed

any reason why??

[slick132]

Post #27 shows a quote from one of Oily's posts which refers to Mercers being possibly a dormant company, and possibl;y questionning whether Mercers have the right to operate at all under that name.

 

No idea why Oily's deleted them.

 

Did you get a response, from your SAR to BC, with details of any penalty charges added to the a/c.

 

[the_shadow]

shows a quote from one of Oily's posts which refers to Mercers being possibly a dormant company, and possibl;y questionning whether Mercers have the right to operate at all under that name.

 

No idea why Oily's deleted them.

 

 

In theory and its just a theory, if one was to claim that they didnt know a specific DCA were part of say another financial institution as that financial institution didnt put their address on the default notice.... and just say for arguments sake that you were to present this case to a judge... you wouldnt want evidence that showed you knew about the financial institution being the same as the DCA possibly turning up would you.

 

;-)

 

S.

[big.syd]

thank you, slick.

i have yet to S.A.R. barclaycard.

do you think i should wait a little longer,

i mean wait for calders to demand full

amount outstanding?

going back to one of your previous posts

what is the significance of them saying

"this is our final response"?

is it just another tactic they use to put

me on the back foot?

[big.syd]

thanks shadow,

i wish i could be as cynical as you:-)

i guess everything has many iterpretations.

[slick132]

Their Final Response only has relevance to replying to a CCA request.

 

If you want to get penalty charges refunded to reduce the a/c balance, send off the SAR now.

 

[big.syd]

ok slick.

i shall consider myself told;-)

[sunflower99]

Hi bigsyd

I am glad you still giving Barcayshark grief:D I not heard from Barclayshark for several months now,They so far never produced anything other than unsigned ts and cs but i never in end went down sar route but i will if they ever escalate it to litigation,As i tend to hoard papers will probably be aable to find most of my statements .My OH is always telling me of for insisting on holding onto loads of crap! But i suppose being like that has its uses in cases like this

[willtheywontthey]

subbing