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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
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    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Mercers Debt Collection


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why dont you fax them with a very rudely worded letter telling them they havnet got the balls to go for it and take you to court

 

 

and then just laugh at them in court when you tell the judge you are already bankrupt and these tossers would not take no for an answer

 

Excellent idea.:D:D:D

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Have you sent a copy of the fax to your O.R?

He should have been in contact with Barclays after the Bankruptcy and they should have told Mercers - and their other crew Calders - to leave you alone.

This just proves that when you do tell Barclays anything they dont bother passing any info onto their henchmen. Apparently, they tell me that all communications are filed on screen so anyone can access it once you have passed their security. As you so rightly say its all B**LS.

 

If they call you a liar again ask for them to put that in writing and if they have the balls to do so then issue a summons.:lol:

 

Next time they phone and ask for you, tell them you will see if he is home, leave the phone off the hook and go and do something intersting for five minutes, then come back and say he cant come to the phone now and hang up. It really pees them off. Go on have some sport of your own at their expense.:grin:

 

Let them take court proceedings if they dare.

Interesting situatuiion as Mercsers are supposedly a non trading company..........any comments on your highly illegal activities Dwheeler and co?

 

Any sane judge would have a field day with them, only trouble is that any compensation you were to get awarded would have to be declared to your O.R. unless the judge ordered it was for your benefit only.

 

Dont let the b*******s grind you down, you have the protection of the bankruptcy, its a useful tool sometimes.

 

Cloggy

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Re fax numbers

The Customer Relations Team at Barclaycard (great name, shame the service element is missing!) fax no is 0151 549 7089.

They certainly get the faxes, read them and then do nothing but send you a 'sorry to learn of your dissatisfaction with our high level of service' letter.

BUT with a fax receipt and their reply to you, at least you know its got there and been read by someone.......useless as they are!

They do seem to have a procedure in place to tick boxes that letters/faxes have been answered by some employee or other.

Its a shame that no one is capable of understanding and acting on the content of them!

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FAX NUMBERS

 

as a general rule and especially if you end up in court with creditors- giving them a fax number is a bad idea and leaves them the opportunity to fax you information at literally the last minute

 

if you must send faxes either withhold your number or don't bother is my advice

 

also many faxes fade with time and can be a problem using them a year or two down the line

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FAX NUMBERS:!:

 

Spot on Diddy, very solid advice!

 

I should have said, my fax machine is used as a last resort and I have removed the number from outgoing messages and never put it on my letters.

Its for MY convenience not anyone elses.

Just to be sure the outgoing number is also withheld by BT anyway.

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Yes, they called me yesterday again as well.

All the usual stuff & usual tactics..............idiots.

 

This mornings post brought a letter from Calders, aka Barclaycard and a letter from an outfit called power2connect on behalf of Mercers.

 

Now, I seem to recall that it is illegal to have two outfits chasing a debt, I wonder what the law says about three of them all making the same threats.

 

To cap it all, MBNA sent a statement telling me I am behind and offering to introduce a loan company so I can consolidate......again this is also illegal or so I thought. Confirmation anyone?

 

Time for some strongly worded letters to Barclaycard about their henchmen and MBNA about the error of their ways as well.

 

Anyone know when its open season on DCA's? I know Grouse is August and Duck is September but I cannot find anything about DCA's....perhaps they are just treated as pests.:lol:

 

Cloggy.

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I would hope so for your sake, but based on my experience I suspect the reality is that they (Barclayshark, Mercers, Calders etc) are too thick to understand basic english, so I doubt they have taken the hint!

 

I suspect that these call centre operators get a commission for each call made so they dont care, they just call and annoy and get paid.......like hamsters in a wheel.

 

Look on the bright side, perhaps your personal automatic calling machine has overheated so is having a day off.

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Anyone know when its open season on DCA's? I know Grouse is August and Duck is September but I cannot find anything about DCA's....perhaps they are just treated as pests.:lol:

 

Cloggy.

 

 

Cloggy,

 

Open season for DCA's is all year :D

 

Beachy

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Open season is upon us - Yippee!

 

In a bit of an annoyed state about the third dca to be set on me I have telephoned Barclays on theree numbers and all ended up in Mumbai.

No thanks, I've had my ID cloned already so I am not telling any overseas outfit any of my security answers thanks.

 

Eventually found this number for the UK Customer Service Unit - their name not mine:!: - it is 0844 241 2978.

 

So I called and spoke to a young lady and complained about their 3 DCA's all chasing me when the accounts are in offical dispute.

She asked why they are in dispute, so I told her, she asked had I Sec 77-78 requested info and said No it was a CPR request.

She then went on to say she can get this info, print it off and send it to me within about 2 weeks...............is this wonder woman I ask myself, or just another disillusioned Barclays employee off to search for what we all believe does not exist.:lol:

 

But the best bit is that she has said she will put all the chasing activity on hold for 28 days whilst they get my complaint sorted out......................seeing is believing.

 

Go on, call them and give it a try if nothing else it will give them a taste of their own medicine.

 

Cloggy.

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There is a letter in Bank Templates - Harrassment by Telephone... scroll down and you will find it. There is also a bit you can add to it re. harrassment by doorstep visits......

 

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

:)

 

 

Hi I was also receiving those letters and calls at one point...... i was struggling to make payments and eventually called the barclaycard number, spoke to a liverpudlian guy called Rob in which he put me on a repayment plan of 15 a month for 10 months and also reduced interest...my interest was reduced by 90%.

 

Send the letters of harassing phone calls sure...but i would suggest calling barclaycard as they may be able to actually help!

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Hi Abby,

 

Thanks for the pointer, I have sent the stop hassleing me and dont call me letters already. I have actually sent them twice, to different departments and just to be sure they are there have faxed them as well - remembering to exclude my fax number of course!:D

 

The last time I was called by Mercers, I asked them if there was anyone in their operation that could read as well as they could talk?

When asked why, I referered them to the letter which is allegedly stored on the computer file, along with every other call/letter between us.

She said that until I answered security she could not open the file..............rather defeats the object of the letter so I refused, again, to go through security with someone on a telephone.

What really got me worried though was when she told me a note would be made on the files (that she cannot open?) that I refused to go through security.:eek:

 

I have also offered a repayment sum each month but they said I could not afford it and that it was not enough anyway.............so they would only take the DCA route.

Like thats going to produce a full repayment result for them!

 

Anyway, well done on getting a resolution that suits your situation.

 

Cloggy.

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I was struggling with repayments as well. But when I called them I asked for the hundreth time to PLEASE supply me with an executed CCA :p

 

Now after months of waiting I am not struggling with payments anymore (Because I don't pay them) :D

 

Barclayshark Actually Helpful !!!!! Which department do you work for then Abby..............................

The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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My big dream bubble got burst by these (Edit)

 

I have now recorded (and told them I was doing so) a phone call yesterday AND today (6 calls to me - only 2 reverted back through that useless automated system).

 

Outcome yesterday - "you dont show up on the Bankruptcy website" That's because I am in NORTHERN IRELAND... I bet it doesnt include SCOTLAND Either. "Well................. Erm....... NO! I will email our Bankruptcy Dept

 

Outcome of today Do you all talk (Edit) and lie to customers you are intimidating by phone?? "Dont know what you mean Mr X" I got told I would have no more phone calls after giving the details of my bankruptcy by phone and fax numerous times "Something has gone wrong sir, I will update you account and re-send the info to Bankruptcy Dept - you will not get calls in future..."

 

I also explained I was lodging a complaint with OFT/OFCOM/OR - didnt seem to bother them (even when I quoted the £50,000 they got fined already!

 

I will not hold my breath!

Edited by maroondevo52
Removed unsuitable language
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Personally I would ignore them all now. You have informed them that you are bankrupt and due to their stupidity and incompetence they are unable to grasp this then thats their problem. You now know their threats are empty and indeed if they did try to bankrupt you they would need to use N.I. legislation. They would then see how stupid they are. Go ahead and let them run up more expense as you have done your bit.

 

It really goes to show the sheer greed of these people and their empty threats.

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And the calls keep rolling in!! Sent them a nasty fax and copied it to the OR - nothing for a couple of days - except a solicitor on behalf on Blarclaycard regarding a Goldfish Card - she got the treatment form the above post as she couldnt find me on the bankruptcy register!

 

 

 

Hmmm I personally would go to the top... write to this chappie and put in the letter something along the lines of

 

"I am sure you are aware of the outcome of Ferguson vs British Gas Trading Ltd and would warn you all calls have been logged and recorded and show a clear case of harassment on your companies part."

 

 

 

John Varley

Group Chief Executive

 

Barclays Bank PLC t/a Barclaycard

1 Churchill Place

London

E14 5HP

 

S.

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Shadow. I feel that the OP has given Sharklycard more than enough notice that he is a Bankrupt.

 

They have enough rope so personally I would let them hang themselves.

 

whilst I agree he has notified them more than enough.. the fact is I wouldnt want the calls to continue and the only way they are going to stop is if he either a) Initiates court action or b) attempts to let the high up bods know how badly the company is run....

 

in my humble opinion.

 

S.

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Diddy,

 

I agree with you.

It is clear to us all that Mercers/Calders/B'cd are a pain in the rear and cannot understand basic english - let alone anglo saxon - even when they are properly informed by the Official Reciever.

What a bunch of 'bankers'!:grin:

 

Crooked world of money,

 

I would complain to the highest guy you can and ask for large compensation for all the additional stress caused to you and your family. After all, I am sure you really don't need these retards constantly hassleing you whilst you are having enough of a bad time having been made Bankrupt and coping with all that entails for you.

Lay it on thick and go for the jugular - they have no compunction in doing so with us so go and give 'em hell I say.

 

Good luck.

 

Cloggy.

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