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BARCLAYCARD, MERCERS AND CALDERS - Help needed


jamcatella
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Hi

 

Hoping someone can help me with our situation with Barclaycard.

 

We were on a payment plan with barclaycard over a year ago, when our circumstances changed again. We stopped making payments in July and I wrote to them with a F&f in august. We received no response to this letter and no phone calls for the arrears. The only letters we received were the arrears notice to comply with the consumer credit act.

 

I wrote again in November to barclaycard so ask for a response to our F&F - and a day later we received a call from Mercers. We expalined to mercers that we had not had any contact from barclaycard at all so couldnt understand why it had been passed on. I was under the impression it could only be passed on if a default notice had been issued (we havent had one)

 

Mercers said they would call back within 48hrs and we never heard from them again

 

We then received calls from Calders - who have said they would accept a 50% f&f (we cant afford to go this high) -

 

We have cca'd barclaycard - but got the usual useless responses but as the card was taken out about 12 years ago I doubt it is valid

 

What I really want to know is - can the debt be passed onto collection agencies even if they are internal without communication from barclaycard themselves to us and without a default notice being issued?

 

Any other advice would be great too

thanks

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Hi Jamcatella,

 

If you can't, or don't want to, accept the F&F offered by Calders, send BC a letter putting the a/c in dispute.

 

You need to pursue the issue of the credit agreement further to see what they can produce.

 

If you've already disputed their response to your CCA request, see this thread about taking the complaint to the FOS. http://www.consumeractiongroup.co.uk/forum/barclaycard/210467-barclaycard-ex-morgan-stanley.html#post2644426

 

Because Mercers and Calders are just BC's in-house collection monkeys, they haven't sold the debt and can continue to collect.

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Thanks slick - is there a cause for complain direct to barclaycard based on the fact that they have passed the debt on (albeit internal) without having made contact with us at all about the debt. It took them 4 months to respond to our situation and issue a response to the F&F and this was after it had been passed to mercers and then to calders.

 

Also received a default notice today from mercers even though the debt is now with calders - is this right?

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I wouldn't bother complaining to BC about this myself because:-

 

1. BC will likely ignore the complaint.

 

2. BC use Mercers and Calders to pursue collections all the time. Because they are in-house, the debt hasn't been passed on at all.

 

Their DN's are usually invalid because they fail to comply with regulations. Mercers tend to issue the DN's on behalf of BC.

 

:)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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