Mercers and Barclaycard

[chairy]

Hi,

 

I am new to this Forum and new to the Consumer Action Group.

 

Recently, I have been dealing with Mercers Debt Collection, who I understand have very close links with Barclaycard (or is that "are owned by"?)

 

I have sent an Incomings/Outgoings form (prepared by the CCCS) to them clearly stating my affairs, and a letter offering a interim payment of £5, as I am off work ill. This is all I can afford for the time being.

 

Mercers have written back saying that they will only accept £35.92 as a minimum payment, and if I cannot afford it, then they will pass my details to a Doorstop Collection firm.

 

My question is, simply, how should I proceed?

[silverfox1961]

Hi and welcome to CAG

 

Have a look at this link (particularly 2.6) then complain

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

I will move this thread to the Barclays forum

[IdaInFife]

I would respond with letter d from this link:

 

http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

I would also suggest that you pay what you have offered wjether they accept your proposal or not

 

and welcome to CAG.

 

[victoria_siempre]

Hi I

 

I've been through all this with Mercers(in house) calders (in house) resolvecall(doorstep) and then Credit Solutions.

 

BCard will not accept my token offer so I made a formal complaint based on the recent OFT MBNA ruling which I have 6 months to take to fos.

 

To be truthful I don't think it much matters what you do, they carry on regardless. It's up to you whether you make the payments anyway; I think much depends on the status of the original alleged debt (CCA etc).

 

x

 

vic

Edited January 21, 2011 by victoria_siempre
addition

[chairy]

Thanks so much for the start. It's going to take me a while to get my head around all the acronyms, but I will.

 

Barclaycard is not the only Creditor I have, and the rest are being far more understanding and agreeable to my situation, vis-a-vie my health issues. The CCCS had me in a Debt Management Plan, but when my pay dropped due to illness, they dropped me like a hot potato, and fed me to the wolves!

 

Hey ho, look forward to anyone giving me advice!

[slick132]

Hi Chairy,

 

I agree with what others have said above.

 

Mercers are one of BC's in-house DCA's and are part of BC.

 

If you've already sent BC the budget planner and your offer to pay £5 pm, pay that to them, whether they agree to it or not.

 

Don't worry about doorstep collectors. Read this - http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

Any penalty charges that BC have charged can be reclaimed by you in full, plus interest. Do you have all your a/c statements going back 6 years or more, to check for penalties.

 

8-)

[chairy]

Darn, no I don't have all my Statements. I do have other Creditors (4) and the other one I have a similar balance with has taken a totally different view, and accepted my offer straight away. Have Mercers got a reputation for being ummmm difficult?

[silverfox1961]

Have Mercers got a reputation for being ummmm difficult?

 

Barclays have a tendency to be very difficult to deal with but not impossible (try having a debt with Citi!)

 

As you don't have all your statements, it would be a good idea to SAR them. Have a look at section 2 HERE (bookmark that link-you may need it)

 

All late payment and overlimit charges on any credit card or loan are reclaimable-with interest.

[putupon12]

Hi just a little snippet about mercers,I just received my old bank statements from abbey,for 01 to 04 I never really looked at statements just the bottom line,well looking at these it seems I was making monthley payments to these edits because looking at the statements it says VP which is a debit payment by card well it seems every time I made a payment by card on the phone they would take two,if it was £100 there is two withdrawals so they got £200 this as just come to light.I was so trusting but not anymore dont believe a word they say.

Edited January 29, 2011 by slick132
Please read Site Rules about defamatory remarks - they put the Site at risk !

[oilyrag]

Hi putupon12

 

Don't want to start a hi jack, but why were you paying Mercers for an Abbey alleged debt? Mercers are a wholly owned subsidiary of Barclaycard and are noramally BC's first line of assault on an aleged debtor. In fact they are a dormant company looking at the registration at companies house and their accounting methods etc have been called into question many times because the activities of dormant compnaies are very very restricted indeed. Should they now be offering their services to companies outside the Barclays coven, then a report should be made toute suite to Companies House.

 

regards

oilyrag

[slick132]

To avoid further hijack, if Putupon wants to discuss this further, please start a new thread.

 

I assume Putupon was clearing a BC debt through Mercers but was paying from an Abbey a/c.

 

Mercers remain BC's in-house collection arm and have no connection outside the Barclays group, AFAIK.

 

8-)

[putupon12]

your assumption is right,was just giving my veiw on how these dregs operate.

[oilyrag]

OK pu12. We all know what Mercers are unfortunately, but they are esily seen off.

 

oilyrag.

[chairy]

Hi,

 

Could you tell me where is says Mercers are working in a shifty way? Would like to see that!

 

Chairy

[oilyrag]

Hi chairy,

 

undoubtedly slick will be along soon but our experience with Mercers is that they are not exactly shifty as such, just plain incompetent. Unless you do exactly what they demand, they will harrass you for a long time even after you have sent them all the relevant letters telling them in writing etc only. Now a ot depends on what you want from all this, what is your goal?

 

If you stop paying because you believe the account is in dispute, e.g. no response to CCA 1974 s78 request, and SAR, Mercers will issue you with a Default Notice which to date all mercers DNs are defective. Followuing this they are likely to pass the account acroos the gangway to the next level of BC thuggery known as Calders.

Who after a while harrassing you ewill isue a termonation notice or demand for payment in full of the outstanding amount. At this point, although there is some debate on here about it, a termination or demand for payment in full on the back of a defective DN rneders them under the legislation and regulations only able to sue for any legitimate arrears (not the full amount) at the time the DN was issued (which almost certainly will be less than the DN figures). Thats the theory anyway. from then on its on to the dCA merry-go round. However whatever you offer BC, Mercers, Calders and associated rovers and travellers, BC will not accept.

 

Like I said its up to you, if you want to do battle then batten down the hatches and sit it out, if not then I would look to achieving some form of full and final after getting back any charges/PPI that you can. An F & F can be as low as 10% properly handled, we have just done one at this level for an OD, the bank was so greedy and arrogant they fell into the legal quagmire that awaits them if they put a foot wrong. All of these subjects are discussed at length here on the forum along with much help and support, but ultimately the decisions have to be your own.

 

Companies House is where you look for their dormant status and the guidelines for the very strict way they can operate are also on that site and regulated by the Registrar of Companies.

 

best regards

oilyrag.

[victoria_siempre]

Hi Chairy

 

Echo oilyrag.

 

Mercers harass and tell fibs. They will put you through all sorts of hoops but refuse any affordable offer. Then I got Resolvecall on doorstep (no prob), Calders, Credit Solutions ltd, power2contact (threatening doorstep - I don't think so, but am I bovvered?).

 

So, to be fair, Mercers are no more shifty than everyone else in this edit run extortion industry, including Barclaycard.

 

I continue to make my affordable offer in accordance with recent OFT v. MBNA ruling and add to my extant complaint to fos.

 

love

 

vic

Edited January 31, 2011 by slick132
Defamatory remark removed. Please see Site Rules about posting, thanks :)

[putupon12]

I was paying £100 pm,by phone with debit card,just found out they took double each time,fool for not checking my statements,everything now done by post,

[victoria_siempre]

Hi putuponon

 

Never pay by card or DD.

 

But you've answered chairy's question as to why they are shifty.

 

Seriously, report the recent loss of your card to your bank and get a new one; or you may repeat this experience.

 

x

 

vic

[slick132]

Hi Chairy,

 

I've not seen any quote about Mercers being shifty but others have already pointed out how they and other DCA's try and harass folk.

 

Have you started the process of reclaiming penalty charges on this a/c. If not, you need to get your a/c statements from BC using the Subject Access Request in the Bank Templates Library.

 

8-)

[chairy]

Hi!

 

I've had what I consider to be a success today.

 

I got one of Mercer's calls today, and when I called back, I went through "Security" and explained my situation and asked for their help. I decided to play the slightly confused, if not just plain daft, client. They tried to ask me for £35.92pm to cover my arrangement, and I explained that I just couldn't do that.

 

With that, I was past through to a "Barclaycard Agent", (Security AGAIN) with a distinctly Scouse accent. This surprised me as I thought they were in Northampton... Having explained again, this "Agent" agreed that £5.00 was agreeable, and I was put back to Mercers (or was I just passed around the 0office I wonder??? I paid my £5 and said I would call next month, and they were ok with me.

 

I can see now that it is just a bit of a game which I am forced to play. Ah well, as long as they leave me alone for a bit!

 

Chairy

[victoria_siempre]

Hi Chairy

 

You might live to regret giving them card details for an agreement not confirmed in writing.

 

vic

[chairy]

Oh sh**! Thanks for that thought, Vic! Shouldn't be too bad, as that card will be cancelled in a couple days!

 

Chairy

[slick132]

Hi Chairy,

 

I agree with Victoria - make damned sure the amount they've taken is only £5.00 as agreed. Check this carefully online with the bank or when the bank statement arrives. If they've taken a penny more than £5.00, come down on them hard.

 

Also, it's unusual for them to agree to a lower payment in this way. Remember, of course that they continue to charge interest on the o/s balance so you are better to pay off as much as poss to reduce the balance when you can.

 

You didn't say whether you have listed al penalty charges on the a/c, to get them refunded. With compound interest on top, this can represent a significant refund if there are older charges on the a/c. If the charges are more recent penalty charges (say the past year or two), the impact of compound interest is not as great, in which case it may make more sense NOT to seek compound int't as this will involve court action by you.

 

Let us know on this point please.

 

8-)

[oilyrag]

Hi chairy and slick,

 

May i just reinforce and stress that is most unwise to deal with anyone involved in any way with a Barclaycard dispute, on the telephone UNLESS you are able to record the call in its entirety and save the recording for future reference.

 

It is wise counsel indeed to deal with all matters in writing only. Yes I know its irksome but it is far safer. I won't even communicate via e-mail with any of them. Recorded mail only and we keep everything they send including envelopes each marked with the date of actual arrival.

 

regards

oilyrag

[walkinthepark]

I'm afraid I fell for this with another credit card company. They wanted just £1 to set the lower payment deal up and I gave them my card details. You know what's coming .......... I sent a cheque off for the lower amount agreed and they also took the same amount from my card details. I had to change my card details etc. Never again!