barclaycard/mercers

[kev0184]

Hi all, Having some problems with mercers, looking for some advice please.

 

A bit of background 1st,

 

I have a outstanding debt with barclaycard for 12k,

I had a very well paying job and was paying off my card balance every month without fail, until 7 months ago.

 

I was on leave from work when I felt very unwell, I went to see the doc and was taken to hospital

where I found out I had chronic kidney failure.

 

I was in the ICU for 4 weeks then on the ward for a month while lines and a fistula were inserted into me.

I am now on dailysis 3 times a week and unable to work.

 

I explained all this to barclaycard when I got out of hospital and asked for a payment plan to be started,

I got no help from them, they said they were not willing to enter a payment plan as it would take too long to pay off.

 

They then said they would take me to court etc etc(normal threats) so I told them to go ahead and we would sort it out there.

 

Now since then i havent paid anything, and now mercers are involved, to date over the last 4 weeks I have had 27 phone calls,

I dont tell them who I am when I answer, I just say I will not discuss anything on the phone and to put it in writing.

 

So far nothing has been sent.

 

I sent then a stop calling letter by recorded delivery which they got 10 days ago yet the calls are still coming.

 

what I need to know is what do I do next and what can I expect from them next?

 

I am not bothered about the threats, currently I am staying at my sisters house, own nothing in the UK,

no house/car or possessions so even if they did get bailiffs there is nothing for them to take,

my house car etc are all in south africa where i was working before the kidneys gave up.

 

And good luck to them trying to get anything there,

 

LoL.

 

thx in advance.

[dx100uk]

and you've not got PPI?

 

so where are you living now?

 

in the UK>

 

dx

[sequenci]

Hello there.

 

Do you have any other debts? How likely is it that your situation will remain the same for the next 12 months?

 

Thanks and best wishes,

 

Seq.

[kev0184]

Hello there.

 

Do you have any other debts? How likely is it that your situation will remain the same for the next 12 months?

 

Thanks and best wishes,

 

Seq.

 

very likely that my situation will remain the same, average waiting time for a transplant can be up to 3 yrs. I dont have any other debt, just the barclaycard.

[kev0184]

and you've not got PPI?

 

so where are you living now?

 

in the UK>

 

dx

 

no ppi or charges on the account, currently in the UK, healthcare here much better than SA.

[rebel11]

Hi kev

 

Welcome to CAG

 

Firstly, Mercers (they are a lot of talk) are Barclaycard's inhouse DCA, they will bombard you with phonecall's, don't speak to them over the phone. Try not to stress yourself, your health comes first. You've tried to come to an agreement with them despite your illness and they don't want to play ball.

 

When was the account opened? I would send them a CCA request, no.4 in my signature.

 

It looks like they are treating you 'unfairly' because you want to pay, but they won't take into consideration your illness. You could use COBS as they have treated you 'unfairly':-

 

http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

It also looks like they have ignored the OFT Guidelines on Debt Collection:-

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

Have a read of no.4 and 7 in my signature.

 

Send them letters Recorded Delivery, mention your illness, so if they ever take any action, you can show the Court.

Keep copies.

[sequenci]

You might also wish to consider a Debt Relief Order given the circumstances:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=37_debt_relief_orders

[kev0184]

thx for the advice, i will look into COBS and see how it goes from here. I have placed a divert on my phone for the 8 numbers mercers have used up to now so that will slow down the calls a bit.

[rebel11]

There's something called 'Truecall', not cheap, but excellent. It's annoying, your not in great shape, you want to deal with the matter and they don't want to help you. Keep us updated with whats going on.

 

thx for the advice, i will look into COBS and see how it goes from here. I have placed a divert on my phone for the 8 numbers mercers have used up to now so that will slow down the calls a bit.

[ranmoor]

This is "fear mongering" and falls into the category of "psychological abuse".

 

I would strongly suggest you first of all report the matter to your doctor and make sure there is a written note signed by you to place on your medical record.

 

Contact Mercers and Barclays to explain that such activity is intended to harass and falls within the provisions of the Protection from Harassment Act.

 

You can also mention that if the matter proceeds to the civil court the matter can be dealt with at that time, if they prefer.

 

In any event, I doubt very much if they will follow through with any of the threatened action but to be on the safe side just phone the Financial Ombudsman Service

and complete the Complaint Form immediately.

 

If it is accepted you will find they will cease to act in such manner and the Ombudsman Adjudicator will take note of your case

and by his intervention your problem will be dealt with on a professional basis.

 

Good luck.

[Bazooka Boo]

Isn't it absolutely criminal that the corrupt financial industry puts profit before people, I would make it my mission to cause sharklaycard as much humiliation as possible.

 

You MUST keep a diary of events, and log ALL of their criminal phone calls, there is a case that was won against BG when they proceeded to harass a debtor,

http://www.theregister.co.uk/2009/02/26/debt_collection/

 

Complain to the OFT Trading Standards, Sharklaycard, your local MP and BBC Watchdog.

[kev0184]

This is "fear mongering" and falls into the category of "psychological abuse".

 

 

 

You can also mention that if the matter proceeds to the civil court the matter can be dealt with at that time, if they prefer.

 

 

 

 

Good luck.

 

that is what i told them at the start, my sister works in a solicitors office and her boss said they would get nothing if they went to court.

Thanks to the advice received here I today sent a couple of letters to them, i included a copy of the letter i got saying they would not accept my offer of payment and told them to take me to court, also informed them i had informed the ombudsman about the phone calls, (3 more today, that makes 30 in 27 days).

 

I know its not advisable but a really feel like answering and telling them to f... off, wont achieve anything but would make me feel better.

[Bazooka Boo]

I know its not advisable but a really feel like answering and telling them to f... off, wont achieve anything but would make me feel better.

 

And why not?

It's your personal land line, you have every right to tell whoever rings your number to foxtrot oscar if you so wish, what are they going to do? NOTHING!

 

Answer, laugh at them, continue laughing then tell them where to get off and hang up.

 

THIS IS YOUR PERSONAL PHONE LINE,which YOU pay for!!! 'F' them, they can call me all day long, each and every call is noted down (DO THIS) all of my call are recorded (cheers Truecall) and it will be you who sues them for damages in the courts for harassment.

 

Serious, do not let these parasites think that they are getting one over on you, they are not, all they are doing is continually banging in more nails into their coffin.