MERCERS and 2 faulty BC DNs **WON**

[Delfi101]

Well, I've given them advanced warning that I consider such 'visits' as aggravated trespass and that they will face the consequences if they attempt it.

 

'pre legal' visit my arse ... what does that mean? Sounds like a lot of BS to me ... designed to intimidate without actually meaning anything.

 

The 'application' form, is a Barclaycard one (well 2 actually ... one visa and on m/c) dated 1999 ... they have clearly defaulted as they have none of the prescribed terms on the forms.

 

They're continuing to dig holes for themsleves ... bring it on boys

[djdave]

Good for you. I had Scotcall on my case for about as long as it took them to read my letter, then they backed off and passed me back to the OC. They've bought a lemon, and they'll know it.

[ODC]

You could always write to Snotcall and give them some prelegal advice of your own. If they appear give them a legal boot up the arse as you forcibly remove them from your premises.

[Delfi101]

Out of interest what did you write to them? Just something setting out the details of a defaulted CCA request I suppose?

 

D

 

(aimed at djdave)

[djdave]

I just pointed out that I'd already sent a CCA request to the original creditor, and asked if they had a copy of the agreement themselves. I even sent them a quid!

 

They sent my cheque back with a letter saying that the OC would be in touch shortly. Cowards.

[Delfi101]

Update,

 

They're getting quite aggressive again and seem now to be favouring my mobile over my Sipgate account. I've also had 3 threat-o-grams for the 2 accounts in 2 days too.

 

One question for the experts here. Barclaycard provided me with application forms which are clearly invalid documents for a CCA request. They're from the late 90's and have none of the prescribed terms present. Does this mean that they have defaulted after the one month (and 12+2 day) period by supplying invalid documentation? That deadline is approaching rapidly.

 

Given that they have, and my absolute determination to nail these b'stards to the floor, what is the most aggressive, harmful and disruptive action I can take?

 

They've attempted to wage a war on me and I don't react too well to faceless bullies.

 

Thanks in advance guys. Your advice, as ever, is not just appreciated but invaluable.

 

 

D

[tomterm8]

Update,

 

Given that they have, and my absolute determination to nail these b'stards to the floor, what is the most aggressive, harmful and disruptive action I can take?

 

D

 

Report them to the police. Make sure you know how to use the complaints procedure to force them to investigate.

[Maggiebroom]

Report them to the police. Make sure you know how to use the complaints procedure to force them to investigate.

 

HI TomTerm

 

Do you mean make sure the police know the complaint procedure, cause I went to the police and was politely told they do not act on telephone harassment and the PFHA is for stalkers etc. :o How do I make them listen to me? It was embarassing actually as the Inspector I spoke to is a friend and I didn't want to rock his boat (for obvious reasons).

 

I'd love to know cause I want to nail the B******* at Crap one and the more complaints against them the better. If I can get a report from the police I would be more than happy to add that to my points against Crap 1. Even if they don't act on it, a report in my favour would do me great good legally.

 

maggiebroom

[alfwithhair]

If you think MERCERS are bad, wait till they pass it on to RMA and AllianceOne. I have just give up bothering to write to MERCERS and BARCLAYCARD now... Never answer, don't comply with any guidelines, total law unto themselves. The other two muppit DCA are even worse.

 

Why should I waste money on postage. If they want me, they know where I live. My dog is looking forward to greeting them when they pay a visit.

[tomterm8]

HI TomTerm

 

Do you mean make sure the police know the complaint procedure, cause I went to the police and was politely told they do not act on telephone harassment and the PFHA is for stalkers etc. :o How do I make them listen to me? It was embarassing actually as the Inspector I spoke to is a friend and I didn't want to rock his boat (for obvious reasons).

 

I'd love to know cause I want to nail the B******* at Crap one and the more complaints against them the better. If I can get a report from the police I would be more than happy to add that to my points against Crap 1. Even if they don't act on it, a report in my favour would do me great good legally.

 

maggiebroom

 

You need to go in with (a) all the legislation (b) all your corrispondance and, once the people on the desk blow you off, go to the inspector on duty, and if he won't investigate, go through the formal police complaints procedure.

 

the fact is, the protection from harassment act DOES cover everyone, including DCA's. the law is clear:

 

1.

Prohibition of harassment.

— (1) A person must not pursue a course of conduct—

(a)

which amounts to harassment of another, and

 

(b)

which he knows or ought to know amounts to harassment of the other.

 

 

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

Go in with all the appropriate law, and ask the inspector on duty to point to the section where it states that the law is solely for protection from stalkers, as supposed to protection from harassment.

 

Take all the other acts and the Human Rights Act with you, as well:)

[Maggiebroom]

Thanks TomTerm

 

I shall do that.

I have all the relevant paperwork, so I guess I shall have to make a nuisance of myself.

 

maggiebroom

[ODC]

Once you get a crime number you will scare the dung out of them

[miss muppet]

I had a card from Power2Contact thro the door courtesy of Barclays re daughter, rang up local cops and got an incident no, then rang back P2C,the woman went all wobbly:-D then I did a file and sent it to Mercer's TS, very helpful TS Officer who said that Bcard don't want it dealt with by them only their local TS at Northampton but advised that it was a criminal offence to still be pursuing when they have only supplied application form and to ask for matter to be dealt with by enforcement officer if complaining to my local TS - I had advised him that my local TS had been less than helpful and said that if it does go to court they could say the alleged debt exists due to statements.

Have not done this yet as have had no further threatograms from Mercers, we used to get at least one a week, we will be calling between hours of 8-7p.m.

I also sent a file re hubby's account as went to court with Barclays, we won, they didn't pay then just as case about to be restored, case stayed and Mercers still chasing even tho' alleged debt made up completely of charges,now had letter from Bcard, sorry you are unhappy with us - yeah right! we are investigating your complaint, do we think they should still have a credit licence, answers on a postcard please:(

[sinkmercers]

Hello all, I can't find the 'welcome' thingy so I can't formally say 'hello' except here.

 

I have started a blog, after a google told me I wasn't alone, so that we can do something about Mercers enmasse. It's here:

 

Mercers are ****

 

I they have been bothering you, lot me know.

[moneyhelp]

If you think MERCERS are bad, wait till they pass it on to RMA and AllianceOne. I have just give up bothering to write to MERCERS and BARCLAYCARD now... Never answer, don't comply with any guidelines, total law unto themselves. The other two muppit DCA are even worse.

 

Why should I waste money on postage. If they want me, they know where I live. My dog is looking forward to greeting them when they pay a visit.

 

Have you reported them to the FOS?

[alfwithhair]

Have you reported them to the FOS?

 

Reported them to just about everybody else, OFCOM, TS, OFT and the Police. FOS was next on the list, but then they passed the buck to AllianceOne and RMA. So whole thing back to square one now.

[ODC]

Oh you are in for a load of fun now Alf with RMA/NCA. They make Mercers look intelligent

[harrythehawk]

I tried OFCOM, they have noted it on their records but they won't get involved in individual cases and under the harrassment laws it is a Police matter .... so lucky I wrote to them too, they will investigate and come back to me !!! .... oh, and my MP wrote an excellent letter on my behalf !!

[ODC]

I tried OFCOM, they have noted it on their records but they won't get involved in individual cases and under the harrassment laws it is a Police matter .... so lucky I wrote to them too, they will investigate and come back to me !!! .... oh, and my MP wrote an excellent letter on my behalf !!

You should also take it up with your telephone company

[TheVindicator]

woops - i accidentally wrote to barclaycrime (sorry, barclaycard... must stop getting things muddles up) and told them about some sort comings in thier security policy. i also (purely by accident|) included the date, time, and sender of the email. i got a very nice letter back, asking me to keep this private, to which end I have accidentally posted a message here to warn anyone with a barclaycard account that is passed to a third party to be very vigilant on your credit file. they sent unencrypted data, over public email, to large user groups (including temporary staff).. woops, there i go again... me and my big mouth

[alfwithhair]

woops - i accidentally wrote to barclaycrime (sorry, barclaycard... must stop getting things muddles up) and told them about some sort comings in thier security policy. i also (purely by accident|) included the date, time, and sender of the email. i got a very nice letter back, asking me to keep this private, to which end I have accidentally posted a message here to warn anyone with a barclaycard account that is passed to a third party to be very vigilant on your credit file. they sent unencrypted data, over public email, to large user groups (including temporary staff).. woops, there i go again... me and my big mouth

 

Could you elaborate slightly on what kind of thing I should be looking for on my credit file?

I have two Barclayshark accounts, both which have been passed to third parties twice, Mercers, to RMA and then AllianceOne.

[Delfi101]

Update time

 

They've all but stopped phoning now. A couple of half hearted attempts on my mobile this week and nothing in the post.

 

I'm beginning to miss them ... well, perhaps not.

 

I start a new (quite well paid) job on Monday after 6 months of being in the financial wilderness and this lot aren't going to see a penny. Things are starting to look up and life is much better than it has been. A significant portion of my first months salary is going to be spent on my wife who has had to put up with a lot over the past few months.

 

Having this lot of spineless bullies (& others) attempting to stick the knife in when I was worried and vulnerable is an absolute affront to all things decent.

 

I'm now in a much stronger position than I have been recently and a lot of thanks has to go to the CAG. I will continue to fight this bunch AND support you good people. I can't thank you enough for your ongoing assistance.

 

Now I wonder what happens next. Given my past posting record on here I'm betting that the phone calls and threat-o-grams will start again as soon as I hit 'send message'

 

They are now well past their 12 +30 cca days too!

 

Cheers,

 

D

[Maggiebroom]

HI Delfi

 

The very best of good luck with your new job.

 

What a lovely man you must be to show your appreciation to your wife in that way.

It is often the other halfs that are the unsung heroes of these sort of situations, and for you to show her how grateful you are for her support is lovely.

 

I am now just unplugging the phone and resorting to mobiles as none of the b******* know our mobile numbers. It may cost more but it is oh so peaceful.

 

Good luck to both of you.

 

maggiebroom

[Delfi101]

Wow this thread was difficult to find. Has it really been this long since I last posted? The nature of starting a new job and 14 hour days I guess.

 

Mercers have been playing their usual games and recently started calling my wife's number again. They now get the stock response ... " you have not supplied a valid CCA upon request, have committed a criminal offence so take me to court and see what happens. There is no debt until you can enforce it and you can't enforce this. Now stop phoning."

 

My wife just said the above and got told she was 'talking rubbish'. The cheek of these people!!! The phone was put down when she questioned whether the person calling wasn't also committing an offence.

 

They've also denied being related to B/C in any way & denied dubious Companies House listings

 

One phoned me on my mobile at work the other day and threatened me with 'bailiffs' in response to the above. I asked him if he was coming around with them ... "why?" ... "because I'd like to kick your arse too"

 

So I'm still waiting on these people to stop being irritants and to actually do something 'interesting'. For now I hold the cards I think and I don't see that there's much that they can do. I'd quite like them to go for court proceedings.

 

One thing has changed & that's thanks to you lot on these forums. That's my attitude towards these ghouls. I'll openly admit that initially they really did scare me ... they preyed on me at a very vulnerable time. Now however they can go **** off. I don't do what bullies want and these creatures deserve a whole load of grief in return. The drones are getting boring ... bring on slightly more senior drones. No 'threat-o-grams" of late and certainly no other correspondence in written form.

 

B/C continue to add numbers (they call it 'interest') to the accounts concerned having criminally defaulted on 2 CCA requests.

 

There's nothing more I can do other than wait for escalation on their part right? 14 hour working days preclude a lot of things!

 

D

[Maggiebroom]

Hi Delfi. Glad to hear you are now gainfully employed. Hope all is going better for you.

 

Barclaycard have now passed my hubbys account on to Mercers and we have only just heard so they haven't started the harassment yet, but after your experience, we are not looking forward to that. (methinks a new phone number is on the cards)

 

Hubbys card was originally Provident who passed it on to Monument who then passed it over to Barclaycard. We haven't even done the CCA on them yet but the letter is going out on Monday, so we'll see what happens then. Not once have they sent us an agreement with each new card (a la s. 85 CCA 1974), so they are in default before they even pick the phone up, and that too will be said in the letter.

 

They are quite offensive even now, demanding ever increasing larger payments daily. Lets see if they can come with a proper agreement .

 

maggiebroom