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Mercers are persuing me for a Barclaycard debt. I used the card but, I was paying well above the monthly payment due but everytime I could see the light they lowered the credit limit, so I sent them a cca request but they only supplied me with some statements so I stopped paying altogether. Now they have passed it to mercers who have asked for payment and for me to get in touch. I have written to Barclaycard and explained that my circumstances have changed but I can afford £xx a month but have not had a reply to that. I also wrote to Mercers telling them that I have written to Barclaycard asking for a copy of the statements and credit agreement but they have not supplied them so they are in default and cannot pass the debt on to anyone else because of this but it has fell on deaf ears. Today I recieved a letter telling me that they are arranging for a collector to call for payment but it can be avoided if I ring them and make a payment. I was paying my account online but when I spoke to Barclaycard about the treatment I was recieving I told them to close the account and because of this I cannot pay anything online as there is no access online anymore to my account. Has anyone any suggestions as to what to do about this?

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Hi Rosemary....

 

Suggested letter to be sebt by Rec. Delivery to Mercers....

 

I do not acknowledge any debt to your company.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxxx on xx/xx/2007. Since xxxxxxxx are now in serious default of a legal request, I can only assume that they must have failed to inform you before supplying instructions to contact me for payment. Until such times as xxxxxxxx are able to comply with my request however, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

I have also noted your comments about sending a collector to my door. Please be advised however, that I will only communicate with you in writing. 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 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.

 

I trust that this clarifies your position and mine.

 

Yours faithfully,

 

:p

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Yes I did send the sar by recorded delivery to Barclays. I cannot remember when it was but I know it was at least 4 weeks ago and it was before 9th July 2007 I asked for details of all accounts that were held at Barclays and Barclaycard, all I recieved was an incomplete set of statements from Barclaycard. They were delivered whilst I was on holiday which was between 9th and 20th July

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Hi Rosemary....

 

Suggested letter to be sebt by Rec. Delivery to Mercers....

 

I do not acknowledge any debt to your company.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxxx on xx/xx/2007. Since xxxxxxxx are now in serious default of a legal request, I can only assume that they must have failed to inform you before supplying instructions to contact me for payment. Until such times as xxxxxxxx are able to comply with my request however, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

I have also noted your comments about sending a collector to my door. Please be advised however, that I will only communicate with you in writing. 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 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.

 

I trust that this clarifies your position and mine.

 

Yours faithfully,

 

:p

If it was sar that I requested not cca can I still send this letter?
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There is little point in sending them this letter as they are not in breach of their requirement to issue a CCA as you have not requested one.

 

If you requested S.A.R and they have not complied then you need to complain with a different letter.

 

As for MERCERS, they are just Barclaycards in house collector and are a bunch of idiots. They never reply to anything you ask them, just pester the life out of you on the phone. Never speak to a DCA on the phone, they twist everything you say and you have nothing in writing to prove otherwise.

 

The intention to visit card means nothing, they have no intention of visiting, just another scare tactic to get you to contact them.

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Can you be sure that I won't get visit? Barclays have not sent me any details of my other accounts joint or single. What I cannot get over is the fact that I was paying way above the odds and they still lowered my credit limit almost every 3 months. Can I send the letter and just put sar instead of cca. I think I have done both but I cannot find my reciepts at the moment, I had a tidy up before we went away and now cannot remember where I put them for safe keeping. Would it be worth while sending another request do you think?

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Mercers will NEVER visit.

I have had a number of cards from them and others and it is simply a scare tactic.

Now I'd just send the a SAR chase letter and leave it at that for the moment.

Be VERY careful whose advice you listen too

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