Barclaycard/Mercers/Moorcroft/Calder Financial

[Johnny580]

In 2008 I requested a copy of my CCA from Barclaycard. This has not been produced. I have since received letters from Mercers, Moorcroft, Nelson Guest & Partners and this morning I have received a card from Calder Financial stating that they have tried to contact me (which as far as I know they haven't) and they will be calling on me on 26 February 2010. It does not say what it's regarding but after looking on this site it would appear that Calder Financial are indeed Mercers so I can only presume it is in connection with Barclaycard.

 

I have sent letters to the various Debt Collection Agents informing them of Barclaycard's breach in not supplying me with a copy of the credit agreement.

 

The last communication I received on this was 2 September 2009 from Nelson Guest & Partners.

 

What should I do regarding Calder Financial? Will they actually visit my home or is it a bluff to get me to ring. The card is signed "Rachel W" so she hasn't even put her surname.

 

I would be grateful for some knowledge and advice on this as they say they are visiting on 26 Feb.

 

Thanks

[diamondgirl]

If they do call you dont have to open the door, you dont have to speak to them, they are nothing to worry about. I its most unlikely they will call as it costs them to send someone round. All they are after is some sort of payment from you. As you have not invited them to your property if they do call tell them to shove of or you will call the police after all it is tresspass if someone comes onto your premises without an invite. They cant demand to come in, they can't remove anything from your premises.

If they do call tell them you have nothing to say to them and that they must put everything in writing. In fact if you want you can have a note waiting for them and then push it through your letter box telling them don't darken my doorstep again.

In fact you could actually write to them and tell them never to call at your premises as they are NOT invited the letter probably wont get there before the 26th but at leasst you will have done it.

DG

[slick132]

Hi Johnny,

 

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

 

They don't always visit but, when they do, it is normally no big deal and they leave when asked. Avoid getting involved in ANY discussion with the caller.

 

I assume you didn't follow up BC's failure to produce the credit agreement at the time.

 

I would therefore send a CCA request to BC again now. When they send you a set of T&C's in response, you'll reply to place the a/c in dispute.

 

They'll still refuse to send you the credit agreement and then you can complain to the FOS. They will get BC to send you whatever "credit agreement" they have.

 

See this thread for guidance - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

[Johnny580]

Thanks. I have today sent a CCA request to Barclaycard and Calder Financial together with a Telephone Harrassment letter.

 

I have received a text message on my landline today stating that a debt collector will call if I do not ring them. I have, of course, ignored it!

[slick132]

The CCA request should really have gone to either BC or Calders, but not both.

 

Did you send them both the £1 fee.

 

[DoomPriestKano]

Hiya Johnny

 

If your like me and your wanting to probe for signatures as proof of owing, I would send them a subject access request instead, this means they MUST include your signature and all related info on the debt.

 

gotta send them a postal order for £10 too but it's probably worth it, if you can't wipe the debt you can probably get the charges refunded on the account fairly easily.

[slick132]

Hi DPK,

 

I disagree. The SAR is a demand for all data which the bank holds for you, and not the actual document itself. A SAR will not result in BC sending out the credit agreement.

 

However, if there are penalty charges on the a/c over the last 6 years and you don't have all a/c statements for the period, send a SAR to get this data and reclaim those penalty charges in full.

 

[Johnny580]

I sent the £1 fee to both BC and Calders. I don't hold out much hope because they couldn't produce the document when I requested it 2 years ago! But it may stop Calders harrassing me. I haven't had any contact from them at all since I received the text message and they received my letter. They are supposed to be calling at my home tomorrow so we will see.

[willtheywontthey]

any updates - did they call??

[GARY68]

Hi Johnny

 

my guess is that you have ignored most of the letters they have sent leading up to the door step callers and thats why they are trying the scary approach, and now you are regretting not disputing the account.

 

If you have asked for the agreements in the past and they havent complied then you can now put the account in dispute as they are default for not supplying.

 

mercers,calders,moorcroft will all go away back to the original creditor when they know you know what you are talking about ie enforcable agreements, debt collection and guidance and dont be worried about anyone turning up (i know easier said than done) because if anyone does at the moment

 

-just refuse to speak to them and tell them their is a dispute on the account and to send all threats of court or enforcement via letter for you to deal with it-then shut the door.

 

as letters can be sent to stop this, you are behind with yours so lets get started,

Keep all the letters in a file in date order

send everything recorded

this is what you will need later when we file a complaint off to the Fos and oft.

like slick has suggested send off for a sar with the £10 fee-po and see what charges and ppi are on there also it should uncover anything extra that they have and could unearth a agreement they may rely on later.

 

dont speak to anyone on the phone-keep everything in writing in your folder and -

DONT WORRY-this can be sorted weve all been there.

[GARY68]

Johnny

start your letter trail off, send this off to calders and see how they react and we will go from there,

Its important to get the account in dispute as this gives you time and send off the sar and assess the situation.

Have they sent you a default letter,? can you post up

 

 

 

 

 

Calder Financial

PO BOX 55

Liverpool

L32 8XX

ACCOUNT IN DISPUTE

 

Date: xx/xx/xx

 

Dear Sir or Madam,

 

Account number: xxxx/xxxx/xxxx/xxxx

 

I am in receipt of your letter dated xx/xx/xx

 

This account is in dispute with Barclaycard and has been since xx/xx/xxxx

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from xx/xx/xx/ has NOT been answered.

 

As Barclaycard are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in defaultenforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the Barclaycard for resolution of these defaults and breaches, as Calder Financial/Mercers or whatever you call yourselves cannot lawfully pursue any enforcement activities.

 

If Calder Financialchooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

You are invited to pursue this through the courts to conclude this matter and we shall both see how we stand legally on this matter.

 

Please note any further letters from your company will be forwarded on with my complaints to the relevant bodies whom will be dealing with these reports

Edited March 5, 2010 by GARY68
whoops name left on

[Johnny580]

After receiving the odd letter from Capquest over the past year or so stating that they are still looking into finding a signed credit agreement, this morning I have received a letter from CapQuest enclosing a copy of Reconstituted Credit AGreement and copy of terms and conditions. CapQuest have asked me to contact them regarding how I wish to settle the account. What do I do from here? Does the recent High Court ruling change any of this and can they legally demand payment through the courts even though they cannot provide a signed credit agreement.

 

Thanks

[Johnny580]

Re: Barclaycard/Mercers/Moorcroft/Calder Financial

 

After receiving the odd letter from Capquest over the past year or so stating that they are still looking into finding a signed credit agreement, this morning I have received a letter from CapQuest enclosing a copy of Reconstituted Credit AGreement and copy of terms and conditions

. CapQuest have asked me to contact them regarding how I wish to settle the account. What do I do from here? Does the recent High Court ruling change any of this and can they legally demand payment through the courts even though they cannot provide a signed credit agreement.

 

Thanks

 

[citizenB]

The High Court hearing made it quite clear that a reconstituted document satisfies the s78 request only. That there would need to be some evidence of the original if they wanted to take court action.

 

Do you have any charges on this account that you could reclaim to reduce the amount owed ?

 

Chances are you will be plagued with letters / telephone calls.

 

Only you can decide what you want to do. Sit it out, fight a court action should it happen, or come to an arrangement to repay.

[Johnny580]

I wrote to CapQuest asking them to explain how they were going to institute court proceedings in view of the recent High Court Judgment. Their response was as follows:-

 

Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid.

 

Our investigations into your current financial position, based on the information we currently hole, are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 which will be completed on or around 22 Jun 11 which will be served upon you.

 

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand, as set out in the appropriate notes within the demand, you could be made Bankrupt and your property and goods taken away from you.

 

Any application to set aside the demand (Form 6.4 Schedule 4 to the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (Form 6.5 in Schedule 4 to those Rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

 

Remember: From the date of service of the Statutory Demand

(a) you have only 18 days to apply to the court to have the demand set aside and

(b) you have only 21 days before we may present a bankruptcy petition

 

You can stop this by contacting us now on 0844 248 6659 Lo call Rates Apply. As one last conciliatory gesture we are offering you the opportunity to clear this account once and for all by paying a settlement of £935.19. This is subject to you accepting the offer by 22 Jun 11. This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered.

 

Is this just a threat by CapQuest or will they actually follow through?

 

Thanks

[slick132]

Hi Johnny,

 

In case A Statutory Demand is issued, you can read up on this beforehand in the Legal Issues forum.

 

If an SD is issued, you can apply to have it set aside but you must do this within the timescales allowed.