Intrum and old barclaycard debt.

[RussH]

Hello everybody

 

I got a phone call yesterday from Mercers, saying i had defaulted on my Barclaycard, and they were ringing to take a payment etc etc

 

. I explained to the chap on the phone that i had yet to receive a written confirmation from Barclaycard of the default notice.

 

I have subsequently received it this morning.

I also explained to him that i had sent in a Personal Budget sheet and an offer of a reduced payment to Barclaycard, who have completely ignored it, although they did cash my reduced payment offer cheque!

 

He said that it had clearly been rejected as my account had now been passed to them

I reiterated to him that i was waiting for this rejection from Barclaycard in writing.

 

he persisted in trying to badger me into making a payment which i refused.

He then went on to say that he had noticed on my account that i had previously made a payment on my Debit Card, and he was going to try and put through the payment on my card.

 

I said to him that i was not giving him my authorisation to use my Debit Card.

He completely ignored what i had said to him and said 'I am going to put the payment through on your Debit Card'.

 

Once again i said to him that i was not authorising him to do so.

He then asked me what date i got paid on, as he was going to put the payment through then.

 

Suffice to say i didnt tell him when i got paid.

He then claimed that he had the right 'under law' to use my Debit Card to get a payment, as i owed money to Barclaycard.

 

I don't think he can use my Debit Card to take from account as my Debit Card is with a separate bank. But he has me ever so slightly worried!

 

Has anyone had a similar experience?

I dont want them to debit my account without me letting them do so.

 

Can Barclaycard pass on my Debit Card details to Mercers without my express authority??

 

Can Mercers debit my account without my authority??

 

Any advice / answers to the above questions are much appreciated!

 

Thanks

[delta6370]

Not sure about the debit card bit, but I do know that Mercers are the inhouse debt monkeys for Barclaycard, so realistically the debt has not changed company, just office

[RussH]

I gather Mercers are Barclaycard's in-house debt collection agency, so i assume its ok for them to have my debit card details. But can they debit my bank account for their money?

[firstwithit]

Answer to that has to be a BIG NO

Call your bank and tell them you have lost the card and they will issue another one!

[RussH]

Many thanks firstwithit.

[madh21]

Please still be careful!

Even if you cancel your debit card as lost or stolen and receive a replacement and a creditor attempts to debit the money using your old card details it will still go through!! I have had this happen to me.

 

When I confronted the bank with this they said 'do you owe these people money?

the bank said if you owe them money and you have previously given your details then there's nothing to callenge.

 

They said if money has been taken and you believe that it has been stolen then they will chase the money up.

 

But under these circumstances they believe it to be perfectly acceptable even though the card is cancelled!

[rory32]

They said if money has been taken and you believe that it has been stolen then they will chase the money up. But under these circumstances they believe it to be perfectly acceptable even though the card is cancelled!

Yes I got similar twoddle from my bank once (in writing no less). I found that their attitude changed very quickly after I had popped down to my local police station.

[madh21]

and what was the outcome Rory?

 

I ended up contacting the company concerned and disputed it. They DID refund the money.... by the way, the company was Legal & Trade over a disputed Next account (unable to produce CCA)

[firstwithit]

In view of what has been said above I would suggest that you write to Mercers informing them that you have changed your card and if they attempt to collect money on the old one you will consider it theft and therefore leave you no option other than to make a police report.

Register it to them and keep a copy

[rory32]

and what was the outcome Rory?

 

The bank very quickly refunded the money to my account.

[rory32]

I think the following is always usefull in these situations.

 

From the Theft (Amendedment) Act 1996

 

1. - (1) After section 15 of the Theft Act 1968 insert-

"Obtaining a money transfer by deception. 15A. - (1) A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another.

(2) A money transfer occurs when-

(a) a debit is made to one account,

(b) a credit is made to another, and

© the credit results from the debit or the debit results from the credit.

(3) References to a credit and to a debit are to a credit of an amount of money and to a debit of an amount of money.

(4) It is immaterial (in particular)-

(a) whether the amount credited is the same as the amount debited;

(b) whether the money transfer is effected on presentment of a cheque or by another method;

© whether any delay occurs in the process by which the money transfer is effected;

(d) whether any intermediate credits or debits are made in the course of the money transfer;

(e) whether either of the accounts is overdrawn before or after the money transfer is effected.

(5) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.

[madh21]

thanks Rory, good to know those details. Hopefully wont happen again!

[RussH]

And there i was thinking that they could not debit my account without my authority! i've heard of a few cases where this has happened but it tended to be where the debt and the debit card account are both held by the same bank.

[RussH]

Hello everyone

 

Quick Overview:

I sent both my Barclaycard's (Visa/Mastercard) a letter with a Personal Budget expenditure asking them to accept reduced payments on their credit cards about one month ago.

 

I have not received any correspondence in reply from them whatsoever.

I recently got a phone call from Mercers saying that i had been defaulted and they needed payment etc etc.

 

I explained to Mercers that i had not received a default notice and that i was waiting for Barclaycard to reply to me about my proposal.

 

I then received the default notice the next day in the post (from Mercers) saying that if i did not clear my arrears of £800 odd by 29th June then i was in default etc etc.

 

I cannot afford to pay that amount so it seems i will have a default registered on my account on or after the 29th of June.

 

My Queries:

Am i correct in thinking that i should CCA Barclaycard / Mercers to give me a bit of breathing space??

 

I acknowledge the debt to them,

i just want to pay it back at amounts that i can afford.

 

I have quite a few charges on my accounts that i am intending to reclaim, which should eventually help to reduce my debt to them.

 

since i sent Barclaycard my payment proposal they have cashed the reduced payment cheques i sent.

So i think this is slightly in my favour.

 

Am i following the right procedures here?

Can anyone give me any further advice on what i should be doing or should do next?

 

Many Thanks

[Josie8]

CCA them immediately sending 1.00 postal order Special Delivery.

 

Also send the SAR request with 10.00 postal order adding to template letter something like

 

"I am aware that you have added unlawful penalty charges to my account which I will be claiming back."

 

Then send letter to DCA saying this account is in dispute.

[RussH]

Thanks for the response Josie8. I don't think i will actually send them a S.A.R. as i have every statement on my account since i opened them and i can work out the unlawful charges they have applied to my account.

 

I will send the CCA's to the DCA (Mercers) for both my credit card accounts. I assume they will then have to send it back to Barclaycard. My accounts are both over 10 years old so i'm hopeful the paperwork will have got lost in the system somewhere along the line.

 

Once they receive my CCA request, i assume the account is definitely in dispute till they produce my paperwork or otherwise? Is there anything else i should be doing? I will be maintaining my reuced payments to them without fail every month.

[RussH]

Quick Update folks:

Having sent all my creditors a reduced payment offer, the majority of them have accepted my offer apart from of course, surprise, surprise Barclaycard!!

 

They completely ignored my letter, defaulted me and passed me on to Mercers.

I have maintained my payments to B/Card since i sent them my reduced payment offer (in May 07).

 

However, Mercers keep ringing me, and B/Card keep adding interest and charges which amount to more than my monthly payment to them.

So in effect my debt to them is increasing!

 

I rang the CCCS to get some advice on this.

I was informed that i should write to Barclaycard, stating that they have ignored my correspondence, and demanding they acknowledge my letter.

 

Lady at the CCCS said something along the lines of 'Banks have a minimum duty/obligation to reply to your correspondence if you have contacted them." Failing that, i should put in a complaint to the Financial Ombudsman on the basis that they are breaching the banking code.

 

Now here's the bit i need help with:

Can anyone make any suggestions as to what i put in the letter in terms of code of conduct, breaches of the Banking Code etc etc?

 

i want to quote them sections that they have breached. i just need the official jargon. Any experts out there please feel free to contribute.

 

Many Thanks

[Having_A_Knightmare]

Have you CCA them

[rogerebaker]

RussH

 

Link to the banking code http://www.bankingcode.org.uk/pdfdocs/BANKING%20CODE.pdf

 

Its easy to read

 

Have a look at Section 13 and 14 which appears to be most relevant.

 

 

Barclaycard and mercers are the same thing. They will tell you they arnt but they are. If you ask to speak to Barclaycard collections you will end up speaking to Mercers.

 

making a complaint to Barclaycard on the phone is completely impossible as you end up doing a tour of the sub continant. I would comlpain by letter its the only way you will get any response and ultimately you will have to have exhausted the compliants porcedure before the BOS will listen to you.

 

Good luck

[RussH]

Thanks for all the advice folks.

I'm definitely going to send out a letter to them complaining about their lack of response to my offer

 

. I'm in a bit of a quandary with them regarding CCA'ng them.

I'm pretty sure that if i sent a CCA request to them, they will be unable to supply them as i have had my cards with them for over 10 years.

 

Hypothetically speaking, assuming i made a CCA request to which they failed to supply, and default on, am i correct in assuming that they can no longer add interest charges etc?

 

What i was hoping to do was wait for Barclaycard to sell the debt to an external debt collector, who were more likely to accept my reduced payment offer.

 

However, as long as i am maintaining my payments to them (despite them ignoring me so far), what are the chances it will be sold on?

Whats the timescale?

 

I seem to have heard that its usually 6 months or so before its sold on? Does this still apply if i making payments?

 

Ok folks

 

This is what i am considering sending off to B/Card as a initial complaint to their lack of response. Could someone have a look at it for me please? Any suggestions or additions to give it more clout are always welcome!

 

Many Thanks

 

 

 

Dear Sir/Madam

 

Re: Account Number: **** **** **** ****

Account Number: **** **** **** ****

 

I sent you a letter detailing my change of circumstances and making a reduced payment offer on the above accounts. This letter was sent to you on ** May 2007. I am extremely disappointed that to date you have ignored my letter, and have not replied to my correspondence. Furthermore, you have issued me with a default notice and have passed my accounts on to Mercers Debt Collection Agency.

 

May I remind you of the following sub-sections The Banking Code Section 14 (Financial Difficulties – how we can help)

 

14.1 We will consider cases of financial difficulty sympathetically and positively. Our fist step will be to try and contact you to discuss the matter.

 

14.2 If you find yourself in financial difficulties, you should let us know as soon as possible. We will do all we can to help you overcome your difficulties. With your co-operation, we will develop a plan with you for dealing with your financial difficulties and we will tell you in writing what we have agreed.

 

14.3 The sooner we discuss your problems, the easier it will be for both of us to find a solution. The more you tell us about your full financial circumstances, the more we may be able to help you.

 

 

As you are committed to the Banking Code, I feel that you have failed to meet your obligations / commitments to any of the above sub-sections by ignoring my correspondence. I would appreciate a written reply to my letters of ** May 2007.

 

I look forward to hearing from you

 

Yours sincerely

[RussH]

Hello everyone

 

I have a very old debt that i have been paying back (for nearly 10 years) to 1st Credit until recently.

 

Few months ago i got a letter saying 1st Credit has now been taken over and is now known as Intrum. No problem there - continued paying as normal.

 

Now i am getting the usual series of letters from Intrum asking me to get in contact with them - all of which i have ignored as i havent stopped paying them monthly. The latest letters are now at the stage where they are 'going to pass my account to their Internal Legal Dept.' etc etc.

 

Am i correct in thinking they dont have a leg to stand on if i havent missed my payments?

 

Is this their usual threating rubbish in an attempt for me to get in touch with them?

I personally think that they want me to up my monthly payments (i am curently paying back £25 per month on a £1800 debt).

 

Any advice would be greatly appreciated.

Thanks in advance.

Edited July 13, 2018 by dx100uk
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[Bazooka Boo]

WHOA!!!!!!

 

WHY???? Are you paying these crooks anything?

 

£25 a month is going straight into their profit pocket!!!!

 

I'd seriously question their legal right to take this money off you in the first place.

 

What is the debt please?

 

When did you take it out?

 

Who was the original creditor?

 

And how did you get conned into financing a powerless DCA?

Edited July 13, 2018 by dx100uk
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[AndyOrch]

Ignore them...they cant issue a court claim on the basis of the debtor wouldnt reply to us to increase his ongoing payment which has never been defaulted.

 

Stop your payment though and you do give them reason.

 

Andy

[RussH]

Original debt was with Barclaycard - a credit card debt. I fully acknowledge the debt and i was repaying on an agreed payment plan, since 2008.

[AndyOrch]

Original debt was with Barclaycard - a credit card debt. I fully acknowledge the debt and i was repaying on an agreed payment plan, since 2008.

 

Would be foolish to stop payment then...unless you wish to gamble and request copies of the paperwork they could rely on.

 

But there is no legal requirement to review your payment or submit an I&E...your payment plan was agreed with 1st Cred.....and endures.

 

Andy