barclaycard & monument card being chased by mercers.

[molly316]

Thanks for that Gizmo

 

I was indeed considering bankruptcy as a final resort having had voluntary arrangements in place for the last few years

 

Seems this still looks like the right route, but it would be nice to see if I can get any of my charges refunded first - you never know I might get funds in cash- or the outstanding figure may be a bit more manageable once the charges are removed bringing me nearer to the £15k cut off point

 

My actual debts are just under 20k (but 5k of that are student loans...... which I understand arent covered by bankruptcy anyway but can be deferred until 60 I think).....so again that brings me down to the 15k limit just!

 

Either way, I love the idea that as these debts are considered to be in dispute, then at least I have some breathing space and no further horendous action can be brought on!

 

That said Mercers are phoning me once a day despite me having written a letter of dispute and requesting a CCA, so methinks a letter telling em to buzz off may be in order. Still only one call a day is better than the 50billion I was getting before

 

Thanks folks, your support is appreciated

 

Molly x

[sequenci]

 

Seems this still looks like the right route, but it would be nice to see if I can get any of my charges refunded first - you never know I might get funds in cash- or the outstanding figure may be a bit more manageable once the charges are removed bringing me nearer to the £15k cut off point

 

 

bear in mind if you do get any money refunded and still go bankrupt the official receiver will want to know what you did with the money (unless of course it was used to reduce overall debt

 

a bit more about the roll of the OR

 

What Happens when you are Interviewed by an OR

[Guest The Terminator]

Mercers should not be calling you as they are a non-trading company.Check companies house website.

[molly316]

Hi y'all, well Ive not been ignoring this and ive had a few replies to my letters now, which Im slowly working my way through. Would it be easier to post each company on a new thread or keep this one running?

 

Ive received penalty charges on accounts with both Monument and Barclaycard and requested CCA's from Mercers as they handle both accounts

 

My quick question for today then, is regarding Mercers - STILL - as they are STILL phoning me despite a notice of dispute and CCA being sent to them

 

Both Monument and Barclaycard themselves have sent what may or may not be a CCA well outside the 12 day plus 2 window but within the additional month window, but this came from them direct not Mercers, yet Mercers continue to ask to speak to me

 

I refused to talk to them tonite as they couldnt prove who they were (ie that they owned the debt) and he just said of course i can prove who I am, just phone me back on this number which I will give you... Hmm couldnt anyone do that!!!

 

On other threads I have read it seems that Mercers are part of Barclaycard/ Monument ... so does that mean cos Monument have provided what may or may not be a CCA that I now HAVE to deal with Mercers?

 

Any ideas folks?

 

Cheers

 

Molly x

[stan5131]

Molly, what exactly have they sent you?

 

Part of CCA request must include a true signed copy of the original agreement. This should be signed and dated.

[molly316]

Ahh hello my fellow nightowl. Thanks for coming to my rescue

 

Barclaycard - says "signed opening application form credit agreement regulated by the Consumer Credit Act 1974" as well as terms and conditions according to their letter

 

The form says sign the agreement at the top, refers to a credit agreement regulated by the CCA but follows this by stating

 

"you authorise us when considering your application....."

 

and where my signature is states "signature of applicant" followed by a right to cancel

 

The for office only use box has no authorised signature from Barclaycard

 

FYI the application was made in June 2004 and yes its signed and dated, but only by me

 

I'll have to hunt out the Monument one tomorrow, but Ive nothing at all from Mercers who are hounding me for the debt

 

Thanks for your response and I hope that makes sense

 

Molly x

[pmhcfc]

Ahh hello my fellow nightowl. Thanks for coming to my rescue

 

Barclaycard - says "signed opening application form credit agreement regulated by the Consumer Credit Act 1974" as well as terms and conditions according to their letter

 

The form says sign the agreement at the top, refers to a credit agreement regulated by the CCA but follows this by stating

 

"you authorise us when considering your application....."

 

and where my signature is states "signature of applicant" followed by a right to cancel

 

The for office only use box has no authorised signature from Barclaycard

 

FYI the application was made in June 2004 and yes its signed and dated, but only by me

 

I'll have to hunt out the Monument one tomorrow, but Ive nothing at all from Mercers who are hounding me for the debt

 

Thanks for your response and I hope that makes sense

 

Molly x

 

Therein lies the answer to your question! Not a true copy of the agreement, just a copy of the application..I think I'm right in saying this.

[stan5131]

It also has to be signed by the creditor.....

[stan5131]

I think what you need to do now is write back thanking them for the copy agreement and pointing out that this document has not been properly executed. The debt is now only enforceable at the discretion of a judge.

[pmhcfc]

Hi y'all, well Ive not been ignoring this and ive had a few replies to my letters now, which Im slowly working my way through. Would it be easier to post each company on a new thread or keep this one running?

 

Ive received penalty charges on accounts with both Monument and Barclaycard and requested CCA's from Mercers as they handle both accounts

 

My quick question for today then, is regarding Mercers - STILL - as they are STILL phoning me despite a notice of dispute and CCA being sent to them

 

Both Monument and Barclaycard themselves have sent what may or may not be a CCA well outside the 12 day plus 2 window but within the additional month window, but this came from them direct not Mercers, yet Mercers continue to ask to speak to me

 

I refused to talk to them tonite as they couldnt prove who they were (ie that they owned the debt) and he just said of course i can prove who I am, just phone me back on this number which I will give you... Hmm couldnt anyone do that!!!

 

On other threads I have read it seems that Mercers are part of Barclaycard/ Monument ... so does that mean cos Monument have provided what may or may not be a CCA that I now HAVE to deal with Mercers?

 

Any ideas folks?

 

Cheers

 

Molly x

 

Molly- have you sent the 'harrassment' letter to mercers yet? If not, then do so. In respect of them not complying with your request in the CCA, you need to start buliding your case against them...You could write back telling that they haven't complied, but why not wait a while? Let them go beyond the 12 day + 1 month rule. That way, they have commited a criminal offence, it isn't up to you to remind them that they are in the process of doing this. In the meantime, sling off the 'Harrassment' letter by recorded delivery..

[molly316]

Oh wow! you know I ploughed my way through that very long thread on what made an agreement and what didnt.... hence my earlier post saying that what they sent me "may or may not be" and saw the fact that a) it referred to an application and b) that it wasnt signed by both parties as a biggie

 

That is most delightful news I gather then that I have no further need to chase any penalties as it cant work both ways (ie i dispute the debt but want me charges back lol)

 

Oh deep joy and jubilations you have made my year !!!!

 

What if I point this out to them and they then find a real copy of the agreement? Is there any merit in waiting til the 12+2+ a month time period has elapsed before pointing this out to them?

 

So deeply grateful guys, thanks

[molly316]

Ah I see you have already answered my question about waiting the full time period, thanks!

 

I shall fire off the harrassment letter as they dont seem to be able to comprehend the "i refuse to speak to you on the phone" concept

 

Thanks to you both

[pmhcfc]

Oh wow! you know I ploughed my way through that very long thread on what made an agreement and what didnt.... hence my earlier post saying that what they sent me "may or may not be" and saw the fact that a) it referred to an application and b) that it wasnt signed by both parties as a biggie

 

That is most delightful news I gather then that I have no further need to chase any penalties as it cant work both ways (ie i dispute the debt but want me charges back lol)

 

Oh deep joy and jubilations you have made my year !!!!

 

What if I point this out to them and they then find a real copy of the agreement? Is there any merit in waiting til the 12+2+ a month time period has elapsed before pointing this out to them?

 

So deeply grateful guys, thanks

 

I believe there is merit in waiting, why remind them they're about to commit a criminal offence? If they do find the agreement after the 12 + 1 month then they'll have to go to court to re-instate their claim. Whilst they're there doing that, the judge will want to know why they committed offence and could fine them £2.5k for doing so... Re claiming charges back, if account is sold to DCA then of course you'll want the charges back, cos original creditor's account will show your account as 'settled', so your still 'owed' the charges. With the money you get back for those charges, you can pay the DCA. The DCA still wants your money, which would consist of all those charges...clear as mud lol ?

[molly316]

... Re claiming charges back, if account is sold to DCA then of course you'll want the charges back, cos original creditor's account will show your account as 'settled', so your still 'owed' the charges. With the money you get back for those charges, you can pay the DCA. The DCA still wants your money, which would consist of all those charges...clear as mud lol ?

 

as mud indeed lol

 

As Mercers the DCA havent provided a CCA either - then theres no proof that the debt has been sold on?

 

Am I right in understanding that no one owns the debt as it stands?

 

Thats what made me wonder about claiming charges back, as atm it looks as if the debt dont exist?

 

Oh i wish, lol

 

Molly x

[molly316]

URGENT UPDATE: Barclaycard account, just as I was happy enough to cancel my SO with Mercers, I have just checked my statement as it was with the supposed CCA from Barclays. Funny I dont normally read them as I never use the card, the interest is frozen and all I do is pay a token amount of so it goes down slowly...

 

get this

 

It says:

 

Payment: £1 (the CCA cost)

 

Late payment refund:£40 (they offered me a token gesture of £40 which I never accepted)

 

Copy statement charge: £93 WTF!!!!!!!!!!!!!!!

 

putting a whopping £133 on my bill

 

Come on guys, this aint right. I was quite careful to send the template letter under the Data Protection Act request NOT copy statements and btw thats all I did get, no copies of phone calls, or any other manual intervention and as they did actually refund at least one charge and have had several phone calls with me, then surely there should be more than that!

 

omg now im really bouncing

Molly x

[pmhcfc]

as mud indeed lol

 

As Mercers the DCA havent provided a CCA either - then theres no proof that the debt has been sold on?

 

Am I right in understanding that no one owns the debt as it stands?

 

Thats what made me wonder about claiming charges back, as atm it looks as if the debt dont exist?

 

Oh i wish, lol

 

Molly x

 

Mercers are Barclaycard's internal collection agents I believe..If there's no proof of CCA then until they can provide one- there's 'no debt'. That's my understanding of it..Let's see if barclay's try to sell this on to a DCA now. The Account is officially in 'dispute' and they're not allowed to sell it when it's in dispute...Keep everything they send you!..So, 'harrassment' letter to be sent tomorrow..then sit and wait on this one..How about all the others ?

[pmhcfc]

URGENT UPDATE: Barclaycard account, just as I was happy enough to cancel my SO with Mercers, I have just checked my statement as it was with the supposed CCA from Barclays. Funny I dont normally read them as I never use the card, the interest is frozen and all I do is pay a token amount of so it goes down slowly...

 

get this

 

It says:

 

Payment: £1 (the CCA cost)

 

Late payment refund:£40 (they offered me a token gesture of £40 which I never accepted)

 

Copy statement charge: £93 WTF!!!!!!!!!!!!!!!

 

putting a whopping £133 on my bill

 

Come on guys, this aint right

 

Molly x

 

Oh this is funny...no, really it is...This is exactly what you want Molly...build the case against them..talk about shooting themselves in the foot :lol: Don't worry about it...Just keep all they send, specially this type of stuff...Work out when the 1 month is up and we'll compile a nice little letter to them then. I suspect they are trying to hike up the size of the debt so they can get more money for it when they sell it on.

[pmhcfc]

as mud indeed lol

 

As Mercers the DCA havent provided a CCA either - then theres no proof that the debt has been sold on?

 

Am I right in understanding that no one owns the debt as it stands?

 

Thats what made me wonder about claiming charges back, as atm it looks as if the debt dont exist?

 

Oh i wish, lol

 

Molly x

 

Forgot to ask Molly- have you got barclay's statemnets back yet (them and Monument) must be closing in on the 40 days...

[molly316]

Mercers have rung me up yet again demanding to speak to me. Again I refused as I sent the harrassment letter out to them on Friday (they may not have received it yet)

 

She wouldnt continue till I had answered her security questions, explaining that they took the DPA very seriously

 

I countered by saying that if they did so, why hadnt they produced a CCA and she wouldnt continue cos I hadnt answered her security q's.... so I once she got the message that I wasnt gonna speak to her, she added that this was my LAST CHANCE to sort this out and that further action would follow....

 

Hmm should I be worried? I have already filed CCA. SAR and notice of dispute though I have also received a default notice from them,

 

So far no one has clarified my query though, that although I understand Mercers are part of Monument/ Barclaycard, Mercers themselves have not provided a CCA

 

As Barclaycard and Monument have both provided what I suspect to be inadequate CCAs, but neither of these are from Mercers themselves, as Mercers are part of Barclays, does that give them the right to persue the debt with me?

 

Molly x

[Guest ian cognito]

Hopefully the letter will work.

 

I'm sure someone will be able to advise you on this one.....anyone???

[ODC]

Subscribing

[molly316]

http://www.consumeractiongroup.co.uk/forum/post-437772.html just seen this in relation to where Mercers fit in with Barclays/ Monument

[stan5131]

Mercers dont have to send CCA if original creditor already has.

 

Sorry, not been online much over last few days as Im going on holiday on Thurs morning and been soooo busy x

[molly316]

Ahhh thanks hun Ive trawled thro loads of posts trying to get an answer to that for ages

 

As its looking like Monument havent sent a true copy signed by both parties etc etc then it looks like no one has provided a CCA, so I dont have to talk to either Mercers or Monument and the account is still in dispute?

 

Molly x

[stan5131]

Correct