Seeking Advice Re - DCA

[moneyhelp]

I am looking for some advice regarding my Barclaycard account.

 

As I have been unable to repay my debt with Barclaycard, I sought advice from the CAB who offered all my debts £1 a month.

 

Since starting my claim for charges on my Barclaycard I have found out it has been sold to Mercers debt collections.

Having read a few posts on here, I am wondering how I go about getting statements from Mercers to see if I have any charges added for late payments etc.

I have sent a SAR to Barclaycard and had an offer which I have rejected, but want to find out the state of play with my account as it stands of now as I do not get statements from either company.

Am I right in thinking I should have been notified it had been sold? I have only had one letter from Mercers which was to inform me I have been served a default notice.

Any advice, comments more than welcome - thanks.

[rory32]

Am I right in thinking I should have been notified it had been sold?

Yes. This called a Notice of Assignment.

 

I have only had one letter from Mercers which was to inform me I have been served a default notice.

 

The default notice will not be legally valid.

 

I am wondering how I go about getting statements from Mercers to see if I have any charges added for late payments etc.

 

You ask them for a statement of account (which is free).

[moneyhelp]

Thank you Rory.

 

I did send a letter to Mercers requesting statements on 16th July 2007 - I was wonding if there is anymore I can be doing whilst waiting for them?

 

What can I do about them not sending me a notice of assignment?

 

I sent my request to a PO box number in Liverpool and stupidly didn't send recorded delivery - should I wait or re send recorded and give them a time frame to reply?

[rory32]

should I wait or re send recorded and give them a time frame to reply?

I would resend. Give them 14 days to comply, also ask them for a copy of the Notice of Assignment and a Fair Processing Notice which should have been sent to you at the time the debt was assigned.

[moneyhelp]

Ok will do - thanks again Rory.

[diskmandave]

As the debt's now been sold have you considered sending the CCA request as well to establish their right to collect the debt??

 

Said template to be found here...

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Regards, Dave.

[moneyhelp]

No - I didn't know that I could do that.

 

Should I send the CCA with the request for asignment and statements?

 

This is all new to me sorry

[diskmandave]

Should I send the CCA with the request for asignment and statements?

There's no reason not to.

 

The request is made using Section 78(1) of the Consumer Credit Act 1974. Include a P/O for a quid to cover the maximum fee and be sure to send by First Class Recorded Delivery, or SD if funds will stretch.

 

Beginning the day after delivery they then have 12 working days to supply a legible copy of the original Credit Agreement after which the request is in default and they are not entitled to enforce the agreement. After a calendar month in default they committ a summary Criminal Offence which is reportable to Trading Standards.

(A calendar month is 30 days, unless the last day is a Sunday or Bank Holiday, in which case it becomes 31.)

 

78(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

Also, and importantly, was there any ongoing dispute when the account was sold on..??

 

Regards, Dave.

[moneyhelp]

As I don't know when the debt was sold on, I don't know what has been going on, as far as I knew I was paying Barclaycard until I got this letter from Mercers in January 07 serving me a defult notice.

 

I have done things by the book with this account, the CAB wrote and told them all I could afford was £1 a month, which was accepted by Barclaycard.

 

The delault was served for owing a whopping £2.

 

I will get those letters off first thing Monday morning - thanks again Dave.

[sea-sidelady]

Also please remember, not to sign it. Just initial it.!!

[diskmandave]

Indeed, agreed!

 

There's some serious green in this thread!!!

 

Good luck, Dave.

[maggieboo]

Aren't Mercers the in-house collectors for Barclaycard? My Barclaycard debt was collected by Mercers for about 8 years, then it got sold on to Lowells last November. (But that's another story! )

[moneyhelp]

Yes they are I believe.

[moneyhelp]

Ok I have left this for long enough.

 

Update:

 

Sent letter to Mercers DCA on 30th July 2007 with a £1 postal order asking them for a copy of CCA and notice of assignment.

I have heard NOTHING, so now I'm ready to get going on my claims again, I am hoping someone can direct me to where I go from here - do I continue with filing my N1 to Barclaycard or chase Mercers? or both?

Would be grateful for any input - thanks.

[rory32]

As Barclaycard added the charges you would file the N1 to Barclaycard.

[moneyhelp]

Thanks - and what about Mercers not supplying the information I asked for?

[rory32]

I suppose you could file an N1 for them not supplying statements to force disclosure. Filing one for a copy of the agreement would be pointless.

[moneyhelp]

But isn't my issue now with Mercers?

 

as i see it - i requested info from Mercers on 30th July - they had 12 days which made it 11th August - then i allow 1 month - which makes it 8th september - so how do i complain to trading standards and what do i say?

 

And still file my N1 with Barclaycard for my charges?

[alfwithhair]

Yes. This called a Notice of Assignment.

 

Why would Barclaycard sell the debt to Mercers? They are their In house agents arn't they. Can they sell in house

 

 

The default notice will not be legally valid.

Why would the default issued by Mercers be invalid, I too have received one from them

 

 

You ask them for a statement of account (which is free).

I asked for a statement as they have mysteriously stopped sending them. Told me it was £3 for a duplicate statement? Even though they have never sent the first.

 

Lies lies and more lies. Barclaycard and Mercers could lie straight in bed.

[rory32]

But isn't my issue now with Mercers?

 

No not entirely. Barclaycard will have assigned the right to collect to Mercers but nothing more. This is know as an equitable assignment. The duties (and as such the liabilities) of the account still lie with Barclaycard.

 

so how do i complain to trading standards and what do i say?

You can find your local TS here Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

I would just complain to them about not receiving the statement of account at the moment. If Mercers try and chase the account you can then report them for attempting to pursue the account without a copy of the agreement.

 

And still file my N1 with Barclaycard for my charges?

Yes.

[moneyhelp]

Thank you Rory, I now know what I'm doing.

[moneyhelp]

Also would it be advisable to continue my payments to Mercers, I currently pay them £1.00 a month?

[rory32]

That's really up to you. After the 12 working days are up they can not enforce the agreement without producing a copy of it. This means that you can lawfully withhold all payment until a copy of the agreement is produced.