Mercers keep ringing me...what should I do?

[mazel01]

I have got a Barclaycard and have not been able to pay anything off it for the last four months due to unemployment. The current oustanding balance is £500 and they have passed it over to Mercers. This lot have rang me everyday, on the hour for the past 3 weeks and I try and avoid the calls as I don't know what to say to them.

The balance keeps increasing....where do I go from here?

[powelll]

I have got a Barclaycard and have not been able to pay anything off it for the last four months due to unemployment. The current oustanding balance is £500 and they have passed it over to Mercers. This lot have rang me everyday, on the hour for the past 3 weeks and I try and avoid the calls as I don't know what to say to them.

The balance keeps increasing....where do I go from here?

 

Speak to National Debtline on freephone 0808 808 4000 for free confidential advice - if you are on benefits you can offer zero or a token of £1 per month - standard 'debt advice' is to complete a budget sheet to enclose with the offer letter ( send to Mercers ). Clearly state in the letter that you do not want to be contacted by phone you wish to keep all correspondence in writing. Keep a copy & send rec. delivery.

 

If they continue to phone you you can complain to both Mercers 7 Barclays & as this ammou8nt of calls could be viewed as harrassment which is a criminal offence you could approach your local trading standards. The OFT lays down clear guidelines in their debt collection guidance as to what DCAs & creditor should/ shouldn't do when pursuing for debt. The Banking Code also states you should be treated sympathetically.

 

Below links should be useful but you may want to speak to someone in confidence also. It's important you ensure youare claiming all benefits you may be entitled to as well - the Benefit Enquiry line on 0800 882200 should be able to check this for you.

 

Best of luck

 

National Debtline England & Wales | Personal Budget Sheet

 

National Debtline England & Wales | Debt Advice

 

The Office of Fair Trading: Debt collection guidance (July 2003)

[mazel01]

I am not claiming any benefits at the moment, does this effect the way I should handle it then?

[PriorityOne]

This usually covers it.... Send it by rec.delivery to anyone giving you grief...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make 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 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 and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

 

[mazel01]

In the meantime if they ring me, what should I say on the phone?

[PriorityOne]

In the meantime if they ring me, what should I say on the phone?

 

I usually say "In writing only please"... and hang up.... but it's up to you.

Just hang up immediately if it suits you better.... although if they are ringing to the extent that you say... I would be inclined to just put the 'phone down somewhere on each occasion, until they get pee'd off talking to fresh air and hang up themselves. You can then draw some small comfort from knowing that they're being charged for the privilege !

 

During moments like this... you can just say... "Hang on, I'll just get him/her for you....." They only know it's you when you tell them it is. Time to take control....

 

[mazel01]

Should I not send them a CCA?

[PriorityOne]

Should I not send them a CCA?

 

Yes.... but seperate from your 'phone bog off letter... and both by rec. delivery.

 

[mazel01]

If I send Mercers a CCA can I still send the letter regarding refunding charges?

[mazel01]

I sent the CCA letter to them recorded delivery. Since then I have received at least 5 calls a day from them with messages left to call them urgently. I called them last night and the guy said that I needed to sort this account out as a matter of urgency. I told him that I had sent a letter in to which he replied 'what about'. I said well surely your system should show this?....he replied no it doesnt, so what does the letter say. Once again I told him that I had sent a letter to them and was waiting for a response and then I put the phone down.

 

Have I done the right thing?

[mazel01]

Just received another call from Mercers, so I put the phone down on him. He called me back and said that I shouldn't put the phone down on him and listen to what he had to say. So I did.....all he said was I needed pay something towards my account immediately to prevent any further action. Once I again I told him that I had sent a letter in and was waiting for a response....he waffled on so I banged the phone down.

 

Is this correct what I have just done?

[groovychickmum]

use the letter that tells them to not phone you and for them to only contact you in writing, (proof of postage at post office is free), but i have signed up free to sipgate voip, using their 'phone' to use just as voicemail, so maybe change the number they have on their files, then if they start leaving 'dodgy' messages,you have them recorded as proof that they haven't taken any notice of your letter.

sipgate you can use any number available, ie say you live in leeds, you can choose a leeds local number or choose a number say in london,lol.

[pt2537]

I personally wouldnt entertain talking to them over the phone as you are wasting your time and your breath too. i would tell them to put everything in writing from now on then put the phone down, littlewoods tried the same with me and they got fed up of me putting the phone down on htem and they now write to me.if you have CCA'd them then i would wait until they default on your request . if they have not sent you a true executed copy of your original agreement by the end of the 12 working day period then they are well and truely Bugg*red

 

regards

paul

[mazel01]

I have just been reading on another thread that you should not sign the CCA request only print your name. Does this apply to all correspondence e.g SAR??

[pt2537]

I have to agree with that,it is wise not to sign any letters relating to a CCA request as if the creditor doesnot have a signed agreement then there have been cases where companies have been known to scan signatures onto credit agreements, take a look at http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html as it has a very useful way of signing a document without using your own signature

[vandermerwe]

Mazeltov Mazel!

 

You're getting good advice here, but how do Mercers identify you. Don't they ask for 'security' information?

 

If you're so minded you can always ask which Mazel they want (adding there are quite a lot of you) or if they ask for your date of birth either say 'over 21' or give a date that makes you about 15 years old.

 

You do know that Mercers is a wholly owned subsidiary of Barclays Bank plc don't you?

 

Good luck!

 

Vandermerwe

[mazel01]

Morning everyone....the saga continues. Phone rings at 8am this morning I answer it and once again its Mercers. I told him that I would not speak over the phone and to contact me by mail. He then said ' I need to run through a security check with you' ...I said put it in writing and put the phone down....they don't seem to give up calling!

[mazel01]

I have just received a letter from 'Scotcall' saying that they have been instructed by Mercers to collect the outstanding arrears. I must contact them immediately. What do I do? I have already sent a CCA to Mercers and they haven't responded yet. Do I send this lot a CCA as well now?

 

Also just noticed on their letter that they have got my account no. wrong!!!

[vandermerwe]

Hi Mazel. Get to know your enemy.

 

Google Scotcall (UK only) and read what others say about them.

 

Not entirely complimentary..

Van

[mazel01]

I have done, they don't have a good name to say the least!!!

 

But do I CCA them or just leave as the one I have sent Mercers?

[mazel01]

Should I CCA Scotcall?

[PriorityOne]

No need to send a further CCA... as the account is still in dispute with the one to Mercers. Send the following to Scotcall (rec. delivery)

 

Dear Sir/Madam,

 

Your Ref xxxxxx

 

I do not acknowledge any debt to your company.

 

A legal request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxx on xx/xx/2007. Until such times as xxxxx are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

Any further attempts to pursue me for payment on a disputed account will be reported to the relevant authorities without further notice.

 

Yours faithfully,

[mazel01]

Thanks Prority One. Noticed that you use the line ' I do not acknowledge any debt to your company'. Should that be used in all cases when your sending a CCA request? Its just that if I have already been paying a DCA then write that to them will they not argue the fact that I have a debt?

 

If the CCA is directly to the company involved I presume that I would not put that in?

[PriorityOne]

Thanks Prority One. Noticed that you use the line ' I do not acknowledge any debt to your company'. Should that be used in all cases when your sending a CCA request? Its just that if I have already been paying a DCA then write that to them will they not argue the fact that I have a debt?

 

If the CCA is directly to the company involved I presume that I would not put that in?

 

I put that wording into one of my CCAs, despite paying them for 4 years. When a DCA cannot prove their legal right to collect by complying with a CCA request... then you don't acknowledge any debt until they can.... regardless of any payments that have been made in the past. In your case, they have passed this from Robbers Way to Cabot to Robbers Way.... so you have every right to query if anyone has the legal right to collect anything at all. Don't worry about it too much.... as it means very little in this case.

 

If the CCA is going directly to the original creditor and you have already made contact (acknowledged the debt) within a 6 year period... then you can leave it out, as it will make no difference. It's only worth including when an account is approaching a statute-barred status.

 

[rosemaryednam]

Hi Sorry to hi-jack your thread but can anyone help me as I too am being persued by mercers now. I had Barclaycard that I used and was paying each month, in fact, I was paying well over the monthly payment due. Anyway, each time I thought I had some spending power Barclaycard lowered my credit limit, so that if I did not pay over the monthly payment due it took me over my limit and therefore I had extra charges put on cos I was over my credit limit. I requested a cca from Barclaycard but they have only supplied some statements so I have stopped paying altogether but I have sent them a letter explaining that my circumstances have changed and that I can only afford £xx. So now I have recieved a letter from Mercers saying that they are dealing with the debt and they are arranging for a debt collector to visit me to collect payment, and to avoid this happening to telephone them immediately. I wonder if anyone can help me on what to do as I have already sent them a letter telling them that Barclaycard have not supplied me with the information that I have requested and therefore they are not allowed to pass my account on to a debt collector but this has not worked. Any suggestions anyone?