debts with cccs

[winchester]

a very good afternoon,

i hope you can help me, i was put in touch with CCCS my barclaycard

when i could not keep up my payments, i have since had my telephone interview, completed my forms and returned them to CCCS, i also sent my notification of debt management plan forms back to barclaycard. i havealso been in weekly contact with barclaycard on the telephone giving them my CCCS ref. no. and explaining what i was doing.

yesterday out of the blue i received a very rude telephone call from Mercers saying they were going to "send round the bailiffs if i did not pay" i explained i was i contact with CCCS and barclaycard trying to sought this out.

after this finished i telephone barclaycard but of course on a saturday

night at 7.30, not much joy, but a very helpful lady did register my complaint and told me to phone back on monday.

i of course did try to phone CCCS but they are closed on sat/sun.

sorry to go on but this has now really worried me.

a couple of questions really. can Mercers really send round the bailiffs,

i have been in constant touch with barclaycard and explained eveything, why would they go to such drastic measures when they now im in a debt management with CCCS.

sorry to have gone on so much but this is really worrying me now.

thanks winchester

[ab123uk]

good afternoon winchester,

Don't panic!!!!!!

In the morning, give both barclaycard, and CCCS a call, explain whats happened, and CCCS should be able to resolve this.

Mercers are able to send a bailiff, however, you don't have to let them in, thats the key point!- you don't have to let them in, so don;t!

It is unlikely that anyone will come, especially at such an early stage, but nothing mercers do would surprise me.

Just chill out, and resolve it in the morning. The CCCS are there to help, and they will sort this!

All the best!

AB123uk

[tomterm8]

Unless there has been a county court judgement, Mercers ARE NOT able to send a bailiff around.

Mercers could send a collection agent around, who would be their employee, and who would exercise no powers.

This collection agent would be trespassing if he were to refuse to leave after you tell him to go away. I

n such a case, you could call the police and tell them you believe a breach of the peace is imminent.

The police would be obliged to turn up, and since the collection agent has no legal right to be on your property, would have to remove them.

[vandermerwe]

Hi Winchester.

 

Tomterm is correct. Mercers are neither more nor less than a division of Barclays Bank and act as collection agents.

 

They have no legal right to send a bailiff and I doubt very much whether they would even bother to send a debt collector, unless you owe a huge amount which, knowing their mean credit limits, I would doubt.

 

On Monday call CCCS and ask their advice. I have found them to be excellent. Reading between the lines it sounds as though you are still in the process of setting up a Debt Management Plan, in which case it is important to send Barclaycard a token payment of £1.00 every month until

the DMP is set up.

 

CCCS would have sent you a standard form to complete saying why you are unable to pay at the moment - have you sent that to Barclaycard?

 

By the way call CCCS at 8.00 a.m. on Monday as it can be extremely difficult to get through at times - failing that wait until, say, 5.30 p.m.

 

They have worked well for me, so I see know reason why they shouldn't do the same for you.

 

Incidentally, it would probably be helpful if you asked a moderator to post this thread on the Barclays forum - you will get more specific advice there.

 

I'll follow your case, and if you feel I've been of any help please give my scales a click (that's the grey blob between the green globe and the red triangle at the bottom left.

 

Good luck and regards.

 

Vandermerwe

[vandermerwe]

Good morning Winchester

 

Cheer up - this is CAG power in action!

 

Forgot to say last night you must inform Barclaycard/Mercers by letter, keeping a copy, and sending by recorded delivery (though goodness knows when they will get it this week) that you will no longer accept telephone calls from them, and all future communications must be in writing.

 

Do keep us posted!

 

Have a good day.

 

Van

[winchester]

thanks for all your help on here, i have phoned CCCS this morning and they have said to ignore Mercers and if they continue to harass by phone to tell them that i amrecording the calls.

is this a good idea?. and yes please if this could also be put on the barclaycard/barclays forum please.

thanks winchester

[winchester]

sorry forgot to say also phoned barclaycard or so i thought ,but was speaking to a very helpful lady at mercers?? told her about sat phone call, and that i was not going to accept phone calls from them only deal with them in writing.

will this suffice or do i still write to them saying this.

thanks winchester

[vandermerwe]

Hello again Winchester:

 

Great minds think alike!!

 

From what I know a moderator picks up this thread and automatically transfers it.

 

Wonder which one of us posted first?

 

Regards as before.

 

Van

[ukaviator]

Welcome Winchester, i will get your thread moved. There are some links below to help you.

 

Uk

[winchester]

good evening,

i received my pack from CCCS last week also informing me that they have written to barclaycard, so much to my surprise or maybe not this morning received another phone call from mercers virtually demanding my bank details so they could take a payment next week of course i refused. straight away phoned CCCS and yes they wrote to barclaycard last week informing them of my debt plan.

then this evening another phone call from mercers what can i do please.

winchester

[slick132]

Write to Mercers , point out they are in breach of OFT guides re collection. I'll find and return with link.

 

Slick

[slick132]

Hi Winch'r

 

Have a looki in here - http://www.consumeractiongroup.co.uk/forum/general-debt/55579-oft-guidelines-debt-collection.html

 

You should find this helpful and can write to Mercers quoting the relevant sections where they are in breach of OFT Guidelines.

 

Come back for help if unsure

 

Slick

[sallysas]

So every time the 'phone rings it causes you unnecessary anguish. This will help. Good luck with your claim. Just remember credit cards are not covered by the test case so it is business as usual.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[winchester]

good evening,

yesterday afternoon received a phone call from the lowell group about a debt that lowell says my brother owes, he lives with me and as same initials as me.

when i realised that it was the the same people as mackenzie hall that tried back in jan/feb this year to get a alleged barclaycard debt going back 15 years yes 15 years, we contacted barclaycard then and they told us to ignore mackenzie hall has they had, in there own words inadvertently sold the debt to mackenzie hall,

i also call the CAB and they told us about statue barred.

suppidly i phone back the number and told the lowell group that they could not collect the debt as it was statue barred, very aggressive guy on the lowell phone said thats not what the OFT say.

one hour later another phone call from the lowell group,

told the lady on the other end of the phone the debt was statue barred and that i had contacted trading standards as to harassment on the phone.

what can my brother expect next please winchester

[gerih]

These idiots spoke to you about a debt that wasn`t even yours? Tell your brother to get a copy of their complaints procedure and start the ball in motion. So much for theis `security checks`.

[ODC]

Cancel this DD immediately.

You do not owe any money so do not pay these muppets.

NEVER SPEAK TO THEM ON THE PHONE.

Send them the CCA letter and put at the top of it I DO NOT ACKNOWLEDGE THIS DEBT TO YOPU OR ANY COMPANY YOU PURPORT TO REPRESENT.

Also ask them for a copy of their complaints procedure and report them to Trading Standards.

http://www.consumeractiongroup.co.uk/foru/show-post/post-162367.html

They have broken so many laws and rules here and deserve to be severely punished. Its up to them to prove you owe the money not up to you to prove you dont

[winchester]

good evening,

i have found this site very helpful since joining and receiving some very good advice, so can i ask for some more please.

i have set up a DMP with CCCS and they are very good so can i ask for help please, one of my debts is with barlcays bank ie current a/c and overdraft i set up my barclays bank a/c in 1966, one other is barclaycard visa set approx 1979 and the last is barclaycard mastercard set approx 1980.

so the question is please can i rightfully query these a/cs and ask for a CCA or am i just asking for trouble with barclays or would this help me in any way

your advice would be helpful

thanks winchester

[slick132]

Hi Winchester,

 

Two things come to mind:-

 

1) As your are working with CCCS, have you asked for their opinion about CCA'ing the banks/Credit Cards.

 

2) Have you suffered unlawful penalty chgs on any of the a/cs and have you started to reclaim them.

 

Also, why don't you copy this post and put it up in general debt forum where you may get more specialised debt-related advice.

 

If you need to reclaim re bank or CC's, look fwd to seeing your threads for these claims and we'll be happy to help.

 

Slick

[shane5408]

Hi Winchester,

 

I would definitely suggest you send CCA requests to Barclays for you Visa and Mastercard Accounts. Given then they were from such a long time ago there is a good chance they no longer have the originals or legally complaint ones at any rate.

 

With regard to your overdraft, these are exept from Section v of the Credit Act so CCA won'y help you much, I would suggest you send them a SAR and though they are not required to hold an agreement for an overdraft they should of sent you a letter notifying you vaguely of the terms of the overdraft.

 

kind regards,

shane

[sallysas]

Helly Win.

 

Hope those horrible 'phone calls have stopped now. Have you sent prelim letters out to your creditors yet or just the sar? This http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ will give you all the letters you are likely to need. The CCCS will be pleased when your debts decrease so there is no need to worry there. (I speak from experience and I am still on a dmp with them.) Just keep going and all the best, Sally

[winchester]

good afternoon,

i deal with my brothers debt with egg and i pay fredriksons every month a sum of £50, and

regular as clockwork fredriksons offer a discount for settling the debt, normally about half of the debt

left.

whole debt around 5500, they offer a full and final settlement of around 2750.

i have just read on another thread a reply by dx100uk.

that if a company offer a discounted final sum, that really they not have a leg to stand on.

oh i wish this could be true.

is this true and could i and my brother just tell freds to go to hell

thanks winchester

[Stigman]

Hi,

 

As you are paying the lovely Fredricksons, are you paying by direct debit or via debit/credit card? if any of those three methods, this has to stop immediately, cancel the direct debit, also telephone your card issuer and say that the card had been misplaced and request a new one and to put a stop on the card. DCA's are well known to help themselves and they will not care if you go without heating or food.

 

Have you sent freds a CCA request? Template is in the top tool bar under Library in green, enclose a £1 postal order and do not sign your name.

 

All DCA's are greedy, so if they are offering discounts something somewhere is amiss.

 

Are Freds collecting on behalf of Egg/Barclaycard or do they own the debt?

 

Did your brother take out any PPI? If not I bet a lot are charges?

 

How old is the debt we are talking about? Approx. date of the card being taken out.

 

Has their been a clear six years between payments?

 

If PPI was taken out, send a subject access request to Barclays, enclose a £10 postal order, it can take up to 40 calender days, once received, go through your statements and get claiming, do not forget to add 8% statutory interest.

 

Are you paying Freds what they told you to pay? YOU ARE IN CONTROL, you say how much, and you only ever pay by standing order, you can request their banking details.

 

To recap, send Freds a CCA request, if PPI and/or a lot of charges on the card, SAR to Egg/Barclaycard.

 

Stigman

[winchester]

wow stigman thanks very much for the response,

some questions please, have we (me and brother) shot ourselves in the foot, by paying

on a very regular basis ie every month.

the due date for payment is xx every month, and if the payment isnt made, the automated

phone calls start from freds.

should i call them like we have been doing for several year now. but rather than paying the £50,

say. right no more money paid until we have a answer to the CCA.

because i know what will happen we will get endless calls from freds. and can we say contact only by post

hope this make sense thanks

[Stigman]

Hi,

 

First of all, do not ring Freds, if they ring you simply say "in writing only" and hang up, get a folder and lets start having a nice papertrail, Freds will say anything on the telephone but will not commit to it in writing.

 

If paying via Direct debit or card, cancel these.

 

Request a copy of your credit file, free for 30 days for most credit reference companies but remember to cancel or you will be charged, or you can obtain one for £2 via post.

 

Send Freds the CCA request as outlined in post 2, Freds then have 12 working days to respond.

 

When is your next payment due?

 

Was their any PPI on the card?

 

You have not shot yourself in the foot, it's all part of the learning curve of life.

 

You can also send Freds the telephone harassment letter in the same Library page as the CCA request, once again, print your name and do not sign.

 

Stigman

[winchester]

thanks very much.

the next payment is due in the next 3/4 days, this is my brothers debt but i pay it for him,

with my debit card, but i always tell freds not and always repeat not to hold my debit card details, and each

time brother phones gives his details passes the phone to me i always say this is a different card i am paying with.

to the best of my knowledge there is no PPI.

one last thing how would freds know what my debit number is or at least the last 4 digits and last digits on the back.

and would that be fraud because the debt is not in my name

Edited January 11, 2012 by winchester