Barclaycard Mercers

[pink22]

Hello,

 

I have sent a request to barclaycard for all my dads statements on his barclaycard account (this will take some time as his accounts are V old) anyway i wrote to mercers to tell them to stop action etc as I am waiting for this info.

 

Before 9.30 this moring my mom has had 7 calls from their number. they dont answer the phone but it is a bit annoying can i still send them the harrasssment letter even though we dont answer the phone?

 

[PriorityOne]

Yes....

[pink22]

Hello,

 

Can anyone help with this problem

 

I sent an SAR to barclaycard for my Dads 2 accounts this is the letter I have had back today

 

thank you for contacting me. i am sorry to learn that you are unhappy with the additional fees you have received from Barclaycard.

 

the terms and conditions of your barclaycard were varied from 1st August 2001. instead of being charged an annual membership fee, your account is now subject to additional charge for late payments, exceeding the credit limit, returned payments and for copy statements and vouchers. Notification of these changes was sent to customers during June 2001.

 

the office of fair trading have made recommndation to the credit card companies of taking action to review their levels of default charges e.g. late payment fees, which they beleive to be excessive.

 

We remain commited to supporting our customers who may be experiencing financial difficulties and believe that our current poicy isthe fairest way of applying fees to those who break the terms of their agreement.

 

confirmation of the charges is shown on the reverse of your monthly statements. i can confirm that the charges are correct and as such are non-refundable.

 

customer satisfaction is of the utmost importance to Barclaycard. for your info I hav enclosed a leaflet etc etc.

 

 

What do i do now this only has the one account number on so bet another one turns up tomorrow for the other.

 

This seems so unfair i wrote to them last October detailing the situation they have continued to charge intrest and late payment charges which has taken us over credit limit which they are also know charging us for.

 

My Dad also has a loan with Barclaycard whcih i am paying I have written to them asking them to change DD and accept lower payment have had nothing back dont know wether to cancel DD bet they will get in touch then.

 

what do I do now - Help:confused:

[sequenci]

still go ahead and press on to get those charges back, that looks like a standard letter they send everyone!

[tiglet]

A completely standard letter (good old sequneci!).

 

Just continue on your timescales and unless they come up with anything meaningful (post here for advice) go down the normal route.

 

Good luck x

[pink22]

thanks for the advice, do I need to write back as they said right at the bottom about not hearing from us in 8 weeks they will asume the complaint is resolved.

 

thanks for all your help x

[pink22]

Sorry meant to say in last post.

 

what do you think about the loan, i have been paying it for my Dad but the only thing is if they can see he is paying that does that make things look worse for him which may affect them accepting lower payments?

 

what do you think?

 

thanks

[PriorityOne]

Hi Pink,

 

I wouldn't worry too much about adhering to Barclays 8 week timescale.... there is no legal basis for that. The timeframe for their compliance with a SAR on the other hand is legal, so unless they also supply detials of the other account you mentioned.... they will find themselves in trouble.

 

As for the reduced payments, nobody can force your Dad to pay what he hasn't got.

 

[pink22]

Hello,

 

We have had a card come this morning from mercers to say:

 

We tried to call you without any success

 

I confirm that i will be calling on 16/04 between 8 - 7 if inconvienient please telephone 08704100386.

 

What is all that about?

[PriorityOne]

Have Mercer's been collecting on this account ? If you have not yet sent them a CCA request, then send one off to them by rec. delivery with the £1 fee.

 

If they do turn up one the above date, then don't answer the door on that day. You can also send the following letter by rec. delivery...

 

Dear Sir/Madam,

 

Re. xxxxxx

 

Please take note that I am only prepared to communicate with you in writing. If it remains your intention to arrange a “doorstep call” on xx/xx/2007, be advised that under OFT rules you can only visit me at my home if I accept that appointment and I do not wish to have an appointment with you.

 

There is only an implied license under English Common Law for people to be able 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.).

 

Therefore, please take note that I revoke license under Common Law for you or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass. You would be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

 

Yours faithfully,

 

[pink22]

Thanks I will send the letter off straight away.

 

I did the SAR for both his barclaycards so i will now do the CCA as well, I have been paying the amount we proposed every month, they just ignore us keep adding charges and merder keep keep calling, i am also going to send the telephone harrasment letter to mercers with the letter above.

 

My dad has two barclaycards and a barclaycard loan I was thinking of writing to them and asking if we could merge them all and pay the loan a amount I am paying every month, i assume I would have to copy mercers into this.

 

Thanks for all your advice

[PriorityOne]

Hi Pink,

 

If Mercer's cannot comply with the CCA requests (one for each account) and are collecting on behalf of Barclays, then the account(s)s will be passed back to Barclays and you then deal with them directly. When the SAR info. comes back, re-claim any unlawful charges to reduce the balance owed.

 

Once they default on a CCA request(s), Mercer's do not have to be copied into anything because they will no longer have the account(s).

 

[tiglet]

Erm, you would still need to copy Mercers into the letters until they stated they had passed the account back to their client - it's only if they continue to try to collect on the account that they have committed an offence.

[PriorityOne]

Erm, you would still need to copy Mercers into the letters until they stated they had passed the account back to their client - it's only if they continue to try to collect on the account that they have committed an offence.

 

 

Once they default on a CCA request... then OP doesn't need to copy them into any correspondence with Barclays re. the SAR and arrangements to pay.

 

[Laiste]

Hi Pink,

 

I would strongly caution against contacting Barclays to ask if the accounts can be "merged," as you have suggested in a previous post. If they cannot furnish credit agreements for any or all of the a/c's, or there is something substantially wrong with the agreements, no prescribed terms for example, the debt(s) will be entirely unenforceable against your Dad. There is no point in entering into negotiations until you know whether or not credit agreements exist and if they are valid. Make them prove there is an enforceable debt under the CCA 1974, don't be in a hurry to talk to or negotiate with them, you may hold all the aces!

 

By the way, Mercers are highly unlikely to send someone to visit you. It is a ploy they use to get you to telephone them. It is far too expensive to send someone to see you. Think about it, they haven't even specified what time of day the person will be dropping by, so how can they know you will be in? Even if they did send someone, how do they know you will answer the door? It's all mind games to get you to dance to their tune, believe absolutely nothing they say! You know when a DCA representative is lying, his/her mouth is moving! Also, what they know about the law you could write on a postage stamp, so anything they say/write cannot be relied upon as being accurate or having any basis in law. Always verify on here with us if they are threatening some form of action; in my experience however, with most DCA's the threats are meaningless.

 

At the end of the day even if Court proceedings are issued, it is certainly not something which should be dreaded. It gives you a perfect opportunity to put forward a case. There is invariably a list as long as your arm of unlawful things that the main creditor and DCA's (employed by the creditor) have got up to, so a Court case will give you the chance to redress the balance and put the matter to rest once and for all. The most important thing to remember is that even if you were to lose the case, the Court will only require you to pay what you can genuinely afford. DCA's on the other hand will ask you to sell your grandmother to cover a monthly payment!

 

I hope this is helpful.

 

Laiste.

[pink22]

Thanks so much for all your advice you are all great.

 

I sent the letter priority one gave me and the telephone harrasment letter they arrrived sat as we sent them special delivery, they continued to call staurday my sister who lives with mom and dad advised them it was in-appropriate to call he said he would note it my sister asked if they had received letter they could not discuss that!, but we have the royal mail proof anyway.

 

I have asked mom to count how many times they call as they still are.

 

I am going to CCA the two accounts for his credit card I just dont know what to do about loan should we default or carry on paying what looks worse?

 

thanks again I really appreciate all yor help x

[PriorityOne]

I am going to CCA the two accounts for his credit card I just dont know what to do about loan should we default or carry on paying what looks worse?

 

 

Have Mercers got the loan as well ? If so, they need a CCA request like the other accounts.

[pink22]

Hi priority one,

 

no mercers have not got the loan because I have been paying it but I dont think I am going to not pay this month to see if i can get some sort of response as they are ignoring me totally - hope this is the right thing to do.

 

also can you help me with this mercers have just started calling my dads work asking for him this started yesterday! I know they have to collect their money but doing that could result in my dad losing his job. they received the harrassment letter saturday so why start calling his work on Sunday. where can i go with this now.

 

thanks again:)

[PriorityOne]

Rather than not pay the loan at all.... you could send a CCA request. I realise they are the original creditor, but there is always a chance they don't have it and if they do..... then at least it will make them wake up to negotiating properly.

 

As for Mercer's... they are acting against the OFT guidelines for collection. Your Dad needs to log the date and times of all calls made to his work if they continue to harrass. It may be that they have not logged the letter onto their systems yet.... see what happens. Hopefully, they will stop this week.

[pink22]

thanks for all your help and advice Priority one will do the CCA for the loan.

 

thanks again, its so much of relief knowing there is some great help and advice here:) x

[pink22]

Hello,

 

Back again with bit of an update. Still getting constant calls last weekend they called all day saturday, sunday morning my dad answered. they said they would freeze intrest and accept £150p/m for both accounts. When my dad said he could not afford this they made some nasty comment then he asked them to put everything in writing they refused!!. they are in default of CCA last week and are still calling.

 

the SAR request to barlcays we had some statements back but the rest will take six weeks due to storage.

 

what do i do now with mercers the 12 days was up last week do i have to wait 30 days before i tell them they are in default etc. and what about the calls?

 

Thanks

[1159skunk]

when i was getting constant calls from mercers i just told them when they phoned one day i've just been given this number with my new phoneline i've just had installed and i don't know anyone by that name, i keep recieving calls from different people asking for Mr X would it be possible for you to remove the number from your system as its getting annoying. they took the number off the system straight away or so they said, i do know i got no more calls after that.

[pink22]

also meant to say that the £1 and £10 cheques sent for the CCA and SAR they have cashed in on the accounts!

 

Also the loan will not respond to us in anyway I have even CCA'd them

 

Can anyone advise on next steps?

 

Thanks

[PriorityOne]

If they have defaulted on your CCA request(s), (12 working days from receipt) you are within your rights to withhold further payments. Report them to Trading Standards and the OFT.... for CCA non-compliance and to for continuing to harrass you.

 

If they continue to pursue/harrass you for payment one calendar month after the 12 day default, they can also be reported for a criminal offence.