Mercers/Barclaycard Debt Help Please

[alfwithhair]

Hello all,

 

I am in serious dept with various credit card companies, a Total £29000 between 5 cards.

 

I wrote to all of the creditors before any payments were missed and explained that we were living on incapacity benefit and income support.

 

I offered the same token payment of £1 per month to each of them. Mint, Capital One and Monument (which is actually part of Barclays) accepted this and agreed to suspend un incured interest for 6 months. However Barclaycard refused point black to accept it and handed my accounts over to Mercers Debt Collections Ltd, in Liverpool. I have wrote to them 3 times now offering them the same token payment, but get no reply to the request. Just letters telling me I am in default and to ring a premium rate number. I have read on this forum that it is unwise for me to ring them so I have declined. The last letter I received from them still didn't answer my question just informed me that because they could not contact me they were handing the case over to a local debt collector who would be calling to collect the full amount.

 

Today I received a card from Mercers London, saying " we tried to contact you without success. I confirm that I will be calling on 11/05/07 between 8am-7pm, regards, mr nobody.

 

What I am worried about now is what is he making this visit for. I have explained the situation to them till I am blue in the face the just don't answer my requests. Is this person going to be from Mercers or Ballifs?

 

What should I tell him if anything? Can I tell him to clear off? What rights does he have to come round my house in this situation.

 

Any help or advice would be greatly appreciated, as this company is starting to worry me and my wife.

 

Thank you - Alf

[Mike220359]

Right the first thing that you have to realise is that you (beleive it or not) have control of ths situation.

 

What BC have done is they have passed the debt on to the next stage in their debt recovery program, after six months of it being with Mercers the debt will be passed over to a DCA.

 

The card that you have received is a scare tactic designed to work you up to a point where you will (in their eyes be amenable to their pressure). The person who says he will call has no legal right or need to be there, a personal debt collector can only turn up on your doorstep with your permission if he hasn't got it then you can tell him to clear off.

 

A baliff can only call with a warrent from the court, I take by your post that no court action has been made. So take comfort in the fact that a baliff will not be turning up. Nor will there be any court action by mercers or barclaycard they know that a court will ask you to provide an income & expenditure sheet and the level of repayments set will be tapered to a level that you can afford and not what the bank want. They know this this is why they pressure you.

 

In the meantime, I would right to Barclaycard and ask them for a copy of the original agreement under section 78 of the consumer credit act, they have 14 days to supply it after that point they cannot enforce the debt, it will relivede the pressure alot.

 

Mike

[dx100uk]

you really need to do some reading

these are typical tactics.

they never turn up any how.

nut, no it is not legal for them to do so without your permission.

 

you must have charges on everycard A/C you have

i would S.A.R - (Subject Access Request) the lot

then this will put them all in dispute [or do the ones that did not play ball]

then tell the DCA it is in dispute BY LETTER

and it should get passed back to bcard.

they are a tough eggs to crack

did the same to me.

 

keep making you £1 payments

regardless of whatever they say & do it to the original debtors too, not a DCA.

 

this will go a long way for you IF they ever get you to court.

 

you have done great by writing to everyone and atleast making an offer.

 

ive just about killed £32k worth of debts on 6 cards of my mrs from the past.

 

keep going

and we are all with you and here to help where we can.

 

lastly, i would not ever discuss anything on the phone, DCA's are notorious at trying it on.

request all comms via writing with those that are giving you a hard time

 

dx100uk;)

[alfwithhair]

Maybe I should of pointed out that I have only been paying the token £1 per month to the companies that agreed, ie, Mint, Monument and Capital One.

 

Barclaycard has received no payment since Dec 06, as they never agreed to the request, consiquentely they are still sending statements with interest added every month and saying that the acount is in the hands of Mercers.

 

Would it be I good idea do you think to send a cheque to Barclaycard themselves for £5 which would equate to £1 per month since Dec 06 and tell them I will continue to pay £1 per month as niether them nor Mercers have answered my request of a token payment. Or wait till they eventually respond to the question first asked.

[dx100uk]

i think no payment since dec06 is prob your biggest 'problem' here.

it certainly will not show good for you anywhere.

though i see little point in 'backdating' it, but again, why not.

 

at least you will show willing.

 

you manage your debts not them!

 

dx100uk;)

[Mike220359]

I agree with DX

 

Mike

[alfwithhair]

As I said previously, I received a card from Mercers London, saying

 

" we tried to contact you without success. I confirm that I will be calling on 11/05/07 between 8am-7pm, regards, signed Mr Nobody."

 

Today I received a letter saying

 

"Unfortunately we will not accept your offer of payment as it is too low. we will now send you a formal demand asking for the repayment of the full balance. If you do not comply with the formal demand, we will register you with the credit reference agencies." They asked me to pay £39 per month, which on benefits I cannot afford

 

And as a final quote they added

 

" If you send a payment of £39 straightaway, we will accept reduced payments of £39 for 6 months. Do NOT ask us again to accept payments lower than this amount"

 

Would it be better to tell them to take me to court, as I am sick of writing to Mercers now, they don't listen to anything you say and take 4 months to answer your questions. Maybe a judge would be more simpathetic, as they are still adding interest every month so the debt is just getting better.

 

Please advise as this situation is starting to make me ill, with there constant demanding letters and threats to visit me. I am not having problems with any of the other creditors, it is just these people who don't want to help in any way.

 

Thanks again, Alf

 

"

[Zimmie]

Have you sent the CCA request to Barclaycard? If not it would be wise to do so straight away. Letter N in the templates thread. Enclose cheque or P.O. for £1 and send recorded delivery.

If you think there are illegal charges included in the balance send a SAR...both of these toutes will put the debt in dispute, and at least give you some breathing space.

Good luck.

[alfwithhair]

As I have offered to pay an amount and they have refused it, is this debt now what is descibed as "Deadlocked" ?

[Zimmie]

I was in a similar situation with Lowells, they refused to accept my offer of a token payment, I sent it them anyway and several letters asking them to reconsider. They never acknowledged anything I put in my letters, just kept sending the threats out. I then found out about CCA requests from this site, sent them one, they responded with an illegible copy application form, which I challenged them over. The replied saying it was an acceptable agreement, again I have challenged them. Its another 10 days until they commit an offence. Things have gone very quiet at the moment. It's well worth sending the CCA request.

I think they can still take court action if they won't accept your offer but I understand a judge might not take kindly to it as you had offered what you could reasonably afford.

Send the CCA and get them off your back for a while

[alfwithhair]

Ok thanks, CCA going to Barclaycard in the post this afternoon. Should I write to Mercers and tell them anything or leave them to stew?

[Jeff2000]

Hello alfwithhair,

 

I had a similar problem trying to get Barclaycard to agree to my offer of payment. Also had letters from Mercers etc.

 

 

I sent this letter to Mercers:

 

 

Mercers

P.O. Box 55

Liverpool

L32 8XX

 

 

Date

 

Re: Barblaycard Account Number: XXXX XXXX XXXX XXXX

 

Dear Sir/Madam

 

With reference to your recent letter dated XXXXX XX 2007.

 

I would like to point out to you that Barclaycard are aware of my current financial situation and have acknowledged this. I believe that you, as agents for Barclaycard, will also be aware of my financial situation. Therefore to attempt to continue recovery whilst being aware of my financial situation is, I believe contrary to the OFT guidelines on collection. I will therefore now make a formal complaint to the OFT and Trading Standards, which will include copies of letters from both you and Barclaycard.

 

Should your client wish to take this matter to County Court, I will look forward to defending most vigorously.

 

I await your swift response to these matters.

 

 

Yours faithfully

 

 

They eventually agreed to my payment offer!

 

 

 

 

Good luck, Jeff.

 

[alfwithhair]

What should I say to this Mercers doorstep visitor that is supposed to be coming on Friday 11th, tell him to clear off?

 

I have already written to Mercers and told them I only correspond by letter and included the posting off here about un-invited doorstep visits, but they took no notice and said one was coming.

[Jeff2000]

What should I say to this Mercers doorstep visitor that is supposed to be coming on Friday 11th, tell him to clear off?

 

I have already written to Mercers and told them I only correspond by letter and included the posting off here about un-invited doorstep visits, but they took no notice and said one was coming.

 

 

Hello alfwithhair,

 

 

If somebody turns up, you ask them politely to leave. If they refuse, then inform them that they are trespassing, and you will call the police if they don't leave immediately! If they still won't leave, then call the police!

 

Also, the person calling at your home should have some form of ID. Make a note of that persons name, position, company etc. If they are in a vehicle, note the make and model etc, and take the registration number if you can!

 

 

Good luck, Jeff.

[dx100uk]

don't take any BS from the ones that will not accept your offer.

just do it and keep doing it every month regardless

a judge will laugh them out of court if they take you there, which they will not.

it annoying to keep getting the letters etc, but as advised above fire off a few letters & they should eventually give up.

just stand you ground & DONT ever discuss it over the phone

 

we are all with you

 

dx100uk

[IIIUMINATI]

Without Prejudice

 

A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

[alfwithhair]

So why do I know to know this phrase "Without Prejudice"

Should I include it in any letters I send?

[alfwithhair]

Well you were all correct. The doorstep visiter from Mercers never turned up. Yipee

 

But I have had numerous phone calls today from 0845 300 7021.

 

Does this number ring any bells with anyone?

 

I was wondering if Mercers had passed the collection on to someone else without informing me.

 

I will keep you all informed of any future developments.

 

Alf

[alfwithhair]

I took I upon myseft to send Barclaycard a token payment even though they haven't agreed to accept it. They are the only creditors that have not aggreed to accept a reduced payment, all they did was hand it over to Mercers who have drove me insane with letters and phone calls even thugh I told then 4 times I will only comunicate in writting. This has been going on nearly 6 months now, so thought it only far to pay then something as my other creditors were being paid.

 

I wrote 2 cheques out, one for the visa account and one for the mastercard account and sent them direct to Barclaycard (not Mercers) by recorded delivery on 18th May 07. I have check the royal mail site today and according to the records it was not signed for, although they said it may have been delivered? Can Barclaycard offices refuse to sign for an item so there is no proof it even got there?

 

Is this just another ploy so they can send more threatning letters out on the pretex that they were never contacted.

 

Cheers Alf

[dx100uk]

have the cheques been cashed?

if not give it another couple of days.

 

if you DID send that CCA request then your key date is the 15th [12 working days + 2 for postage], no proper docs by then, you can stop payment.

then after i further month, any comms on the matter is a criminal offence.

 

now about the token payments, have you got internet banking?

if so i would do it that way.

 

have you also sent the telephone harrassment letter to mercers?

 

dx100uk

[alfwithhair]

On this first point, no the cheques have not been cashed as of yet.

Secondly.

I am sending the CCA to MERCERS in the morning.

The token payment which was a pro-rata between all my creditors was sent direct to Barclaycard as was the letter about telephone harrasment as MERCERS are their 'in house' collection dept.

 

I do have internet banking, why is this a better way to pay them?

 

Up to now I have not had a call from MERCERS since last Tuesday but have had about 30 calls from 0845 300 7021.

 

I rang it back to see who it actually was and got a recorded message saying "You were called to day by Barclaycard or one of its agents" so am none the wiser who it was.

 

I did receive the usual one line letter from MERCERS again this morning.

"Please call this office as soon as possible to discuss the matter further"

With the usual 0870 expensive number dispite telling the I will only communicate in writting a dozen times. I am not ringing them however.

 

I don't think this letter is related to the mysterious recorded item as the letter was dated 18th May, the same day I sent the cheques.

 

Neither MERCERS or Barclayshark will give me a straight answer to anything I ask, thats why I decided to send them the token payment regardless. Then they cannot say they have had no payment should it go to court. They still keep banging on the interest every month though and both MERCERS and Barclayshark totally ignore my letters asking for the interest and charges to be suspended and for a token payment to be accepted.

 

All you get back from them is NO will not accept the offer it is too low.

DO NOT ask us to accept this low offer again and ring the usual numbers to discuss it.

 

It is rearly starting to get on my nerves with these people now. None of my other credtors were like this, one letter with a income & expenditure sheet and they aggreed to my terms. It is just these lot.

 

Thanks again for all your advise folks and I am sorry I ramble on a bit sometime but you are people who may have gone through the same thing so I am sure you will understand its good to talk.

 

Thanks again

Alf

[alfwithhair]

Just a quick update of events.

 

Barclayshark today cashed the cheques I sent recoreded delivery, but no signiture was obtained, so they either refused to sign for it or the postman isn't doing his job.

 

But if they have had the cheques they have had the letter, so lets see what they have to say now about my token payment offer.

 

Would it be correct to assume them cashing the cheques could be seen as an acceptance in the eyes of a judge?

[dx100uk]

well no not p'haps acceptance of the offer, more a case of 'what else can they do with it?' see you have put them in a corner now, well done.

 

the reason why i mentioned internet banking was that it costs nothing & it has the advantage of going straight into your A/C , totally under your control & if they ever do refuse it, you will know about it instantly, this also has the benefit of knowing it has got there and is giong against the balance directly.

 

it is a real shame these guys will not accept your offer formally, nor freeze the interest, but stick with it every month regardless. they did exactly the same to me one one of my OH's CC's.

 

ok well the cca cut-off time is 14 working days from now.

 

that i suppose is your next 'light at the end of tunnel' event. we will have to wait and see what transpires.

 

as for this mystery number, then the only realway is to sadly answer it, ask for their call ref number and who is speaking and what co. they are from.

you do not have to answer any security questions to get this info & by the guidelines they must tell you info.

then once you know who it is time for a harrassment letter to them, or if you are feeling brave, do it over the phone. again you do not have to give any answers to their questions.

 

Now these charges that BC are adding, time you sent off an S.A.R - (Subject Access Request) and get all your statement then claim it all back with contractural interest on top.

 

keep going

 

we are all with you

 

dx100uk

[Jeff2000]

Hi alfwithhair,

 

 

Did you send the letter I posted in post #12?

 

Also, I would definitely send them the telephone harassment letter!!!

 

Then if they ignore it, go after them.

 

I am sure everyone is aware of the lady that has won damages against HBOS recently!

 

 

Regards, Jeff.

[alfwithhair]

Yes Jeff2000 vbmenu_register("postmenu_854459", true); I sent them the letter you posted in #12. All I got back was a letter telling me to ring there office as soon as possible.

 

Now an update on the recorded letter sent to Barclayshark that they did not sign for. As I said yesterday they had it because they cashed the por-rata token payment cheques. However I received a letter from Barclayshark Regional Centre dept, in Manchester today.

 

It is a two page manuscript so I will just give you the intereting bits. They are sorry I feel harassed by mercers attempts to contact me, it was not there intention, but this occures due to automated update processes which searches for telephone number of customers that need to be contacted urgently. Well fair enough.

 

Then it says they are sorry to hear about my financial difficulties and they offer a wide range of repayment plans and support? Well they have given me none. But the minimum payment they can accept is just over 1% of the balance owing, which is about £115 a month. Yeh right on state benefits. So they are unable to accept my my proposals at this time. But it didn't stop them cashing they cheques wether they accept it or not.

 

Then it goes on to accured interest and charges saying they will still be added until a Default Notice and a Formal Demand for Payment has been issued and the debt is registered. Well what are they waiting for, it has been six months now.

 

Once they have registered the debt, additional fees and interest can be sussressed and I will then be able to negotiate a plan with either Barclayshrk or a debt collection agency? What do they think I have been trying to do for the past 6 months. Do these people have brain?

 

Then they waffle on about only considering a token monthly repayment when formally approached by a natianally recognised debt counselling company.

 

So they are going to suspend further dept recovery action for 14 days in order for me to make appropriate enquires in this regard. Please make sure you contact us within this time frame, blah blah blah, and the usul ring this number, another 0870 expensive rate number.

 

Since I first wrote to then about my financial situation they the debt has increased nearly £800. They are now added late payment charges and over credit limit charges as well as interest every month. They accounts were not over credit when I first contacted them and have only exceeded the limit now because they refuse to help in any way and keep adding to the debt.

 

I am now wondering if it is of any use paying them anything, all they are doing is making the debt bigger, Just let them take me to court. I am getting to the point with them now that I don't care any more. whats the worst they can do, make me bankcrupt? Well go for it Barclayshark, you will get a big payout then, £0.00.

 

Any further advise apprieciated

Thanks again

Alf