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barclay card DEFAULT mercers chasing


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can anyone confirm if MERCERS are a DCA and have bought the debt, or are they just chasing on Barclays behalf?

 

letter says

'they are dealing with my account on BEHALF of barclaycard.... account overdue...'

'you have missed three payments.... if you can repay 2 of the outstanding payments we will credit your account with the 3rd payment....'

'if you dont contact us, we may pass your account to a specialist company... may call at your address'

 

it would appear the standard wording for a DCA who have bought the debt... but i just wanted to check with CAG first.

thanks.

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Barclays t/as Barclaycard t/as Mercers t/as Connaughts.

 

Anyone of those and you are dealing with B/shark.. :)

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  • 1 month later...

well an interesting development i think... ?

still waiting for any formal response from BC or Mercers....

then today get a letter from MK Rapid Recoveries - stating that "further to our recent communication regarding transfer of ownership of your balance, we have not received your offer of payment..."

well i dont have any letter of Transfer....... but thats not an issue.

Do you think i am being cynical in thinking that barclaycard have bailed on this and sold off the debt [in light of my request for proof].

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Hi SB,

 

If you search MKRR here in the BC forum, you find these threads which should give you an insight as to where MK come into the picture on BC a/c's - http://www.consumeractiongroup.co.uk/forum/search.php?searchid=2968808

 

:-D

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slick, that link doesnt work for me :(

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You can if you wish send this latest shower the following letter - this will force them to provide proof of any assignment.

 

 

 

[ATTACH]40984[/ATTACH]

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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the link didnt work, so i just searched for them direct. they seemed highly connected with Welcome Finance.

if i am not cynical then it could be just coincidence that dealings between mercers/barclays and MKRR overlapped my own enquiry !

however i did have an acknowledgement from Mercers that they were dealing with my request; which implied they [barclays] did still own the debt.

the cynical me thinks they sold it on quick so as to at least make some money... knowing the account is now in dispute.

 

thanks everyone for your help so far.

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Sorry the link is not working. I just entered MKRR in the "Search Single Content Type" and asked the search to look in the BC forum.

 

It came up with various threads about MKRR's relatively recent involvement in BC cases.

 

:wink:

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  • 1 month later...

well............ still no reply from BC or Mercers......

then.......... MKRR took over !!

NOW......... a letter from Keynes collections [on behalf of MKRR] saying there is a notice of intended legal action - pay up/make offer to pay or else !!

 

ignore? or just write to say in dispute direct with Barclaycard?

 

thanks!!

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If you have a dispute with the original creditor, then yes - a short letter advising that there is a dispute with Barclaycard and that you have already pointed this out to their client MKRR.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi sB,

 

I've read back through the thread but I can't see what exactly is the nature of your dispute with BC.

 

Can you confirm the details of the dispute so we can advise properly.

 

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  • 5 months later...

received today from MKDP confirmation that this is their last letter, Final Response, to my concerns.

*they have provided copy account statements confirming the balance due [i dispute £400; citing charges - but can haggle about that later]

*they have provided copy letter confirming account 'assignment and transferred' by Barclaycard to MKDP, and therefore they are the effective owners of the account

*said copy letter also states that MKDP has appointed MK Rapid Recoveries as their agent; and all correspondence to be directed to ML Rapid Recoveries.

Final Response then goes onto say that they have raised my concerns with Barclaycard re S78 request and state BC have fully complied with this.

Therefore they do not agree account is in dispute or that balance is incorrect and intend to collect.

 

I have had NO letters from BC.

I have had NO copy Agreement from anyone.

 

Thoughts as to how to proceed?

Surely someone should provide agreement as requested?

 

THANKS

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Hi SB,

 

Further to my post #17 above, can you confirm if you ever sent a formal CCA request to BC with the £1 fee.

 

If so, what did they send in response - eg an Application Form, BC T&C's, etc.

 

:-)

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Hi SB,

 

Further to my post #17 above, can you confirm if you ever sent a formal CCA request to BC with the £1 fee.

 

If so, what did they send in response - eg an Application Form, BC T&C's, etc.

 

:-)

. I sent off request for Agreement and £1 fee. Never heard anything back from BC or agents MK rapid. Then in march got a chaser from MK LLP so I sent them copy docs re my request for agreement and proof they had bought the debt and terms etc.as I had been dealing with MK rapid. Their letter today enc copy statements and copy BC letter re assigning debt. They state BC complied with my request for info which I actually sent to MK Rapid as supposed owner of debt - I haven't had any post from BC. They say therfore Acc not in dispute any longer.
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Hi SB,

 

Then simply reply to MKDP saying you dispute having received any response to your CCA request from MK or from BC.

 

Accordingly, you will pay them nothing until they provide a proper response to your CCA request sent to [whoever] on xxdate.

 

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thanks !

exactly what i have done.

certainly some doubt as to whether the BC copy letter of assignment is accurate.

i wrote to mercers as BC agent on 7 Jan 2013. they acknowledged they were dealiing with my CCA request.

yet BC letter supposedly sent to me is dated 2 Jan 2013 and claims they assigned on 17 Dec 2012.

 

either way as MKDP state that BC have advised them they fully complied with my request [they havent] then it shouldnt take MKDP long to get copy documents - should it?!? - as the duty falls to them as 'owner' to comply with my CCA request. [interesting that they enclosed copy assign letter and copy statements..... but nothing else]

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  • 3 weeks later...

well still no further along.

MKDP state they have complied and therefore no dispute.

they also say barclaycard had complied with request for copy agreement [it wasnt the original they said - cant think of the word but the cobbled together version!]

they also say they do not have to divulge any info regarding what they paid for the debt etc.

 

i have disputed that any agreement was received from BC [it really wasnt received as i had no communication from them, other than their agent trying to get money - when i sent the request for info; i got no joy and then found out it had been assigned]

 

i have reiterated that they as the owner now have to comply with my request and therefore Still in Dispute

they say their complaint process is exhausted so i should go to the financial ombudsman etc.... and meanwhile pay up!!

i have said i havent complained - just asked for them to supply the information as is my right to request and that right transferred from BC to them as owners.

i am wondering why THEY sent the copy statements yet keep saying BC supplied the agreement ??!!??

surely if there is an agreement [of any version] it would be easy enough for them to get said copy from BC ? or am i being cynical?

 

so any help as to how to progress this.......

do i keep claiming in dispute?

can they insist on only providing a 'dummy' copy agreement rather than an original? [assuming they get it from BC]

 

thanks in advance......

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1. A reconstituted agreement can satisfy a CCA Request, it's enforceability will be for a judge to decide, but a compliant recon means no more dispute!

 

2. What debt purchaser pays for a debt is confidential commercial data, so they are correct, a judge may rarely ask to see this.

 

3. With a reconstituted agreement compliant with sect.77/78 of CCA 1974, and evidence a credit facility has been used e.g. statements showing purchases and payments a judge can easily be persuaded the debt exists and is payable!

 

In my opinion give what you have posted here there is no longer a dispute. BC has given you a FINAL RESPONSE and directed you to FOS.

 

Which is your next and realistically ONLY next step.

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thank you brigadier.

only thing missing is the Agreement.

neither party have provided it.

 

[there are some issues regarding the dates or said assignment etc; which makes me think BC sold debt to avoid providing info requesting - but thats by the by !]

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