Angmarie -v- BC and Mercers

[angmarie]

Hi, can anyone help me please i have missed 2 payments on my barclaycard the outstanding balance due to recent charges is now £200 over limit. I have received letter from mercers it says Default Notice under consumer credit act 1974, it says acting on behalf of barclaycard, requests card is cut up but then says pay overdue amount of £200 and suggests that account will then be fine again. Im confused i check my credit file online and there is no default!!
Does it take some time for default to be placed with CRA.

[Steward]

You can use Google to search the web using these links below:-

[slick132]

Hi Angmarie,

I've moved your post from where you put it to here, in a new thread. Use this thread from now on to d/w this particular a/c.

Are there any penalty charges on this a/c which you haven't yet reclaimed. This would be a good defence against them registering a Default against you.

[angmarie]

Im in the process of reclaiming with 2 other creditors at the moment but have not requested anything from BC cause ive never had any problem with this account. Maybe i will write to them it is just a standard letter threatening default i think although it does say default issued.

[slick132]

There's a big difference between a threat to Default, and the Default itself - check it out.

Also, if a DN has been issued, check on who actually issued it.

[angmarie]

Slick

Please help me if you can, i dont have any new thread option on my screen have read FAQ several times. I missed payment with BC they sent reminder, before i could even file reminder mercers letter received. Have never dealt with mercers in my own right (only hubby account) they say a default been applied but have untill 14th july to make payment.

Today 2nd July have received letter power2contact (who the hell are they) says they have been appointed on behalf of mercers as hard to locate parties. (its a complete outragious scandle). They are going to knock door in next 72 hours. I always intended paying before 14th July anyway but dont understand this letter at all. Ever heard of them shall i phone or write please.


Ang

[pedross]

Angmarie

If you have only missed one payment and intend to pay by 14 July I do not see a problem. Again if that is the case, it is not a Default notice as you understand them to be but a notice of a missed payment and a default fee of £12 to be charged to the account.

If you read the forum you will read about lots of tea and coffee going cold waiting for people to visit so don't put the kettle on.

Just make the payment before the 14th

[angmarie]

Thanks Pedross for your advice, im going to phone them in morn any way because its all so out of order, dont understand the hard to locate parties its just a ploy to avoid giving me information i require. Im well fed up no other creditor has ever tried this ploy with me and im going to tell mercers/BC that they better have my CCA in post asap.

[slick132]

Hi Angmarie,

I've moved the above 2 posts from another thread and put them here in your BC/Mercers thread - hope that's ok.

Re the threatened visit, don't let this fluster you - that's exactly what they want. Take a few deep breaths and read this - http://www.consumerforums.com/resour...doorstep-visit-

Print out the linked letter and, if someone does call round, give it to them, ask them to leave and walk away. Simple as that - no discussions.

Power2Contact are known to the site and do sometimes visit.

If you want to pay BC, do so but don't be intimidated into doing so if you don't want to.

[angmarie]

Slick to the rescue once again, thank you for your time and patience.
Did you get my point though, ive never ever had any dealings with mercers but the letter insinuates that they been trying to trace me for some time. I have read your link so thanks for that im thinking i'll borrow my neighbours 2 rotweilers for the day, might as well have a good laugh on them lol. Im just shocked had account for 10 years 2 missed payments in that time payed 1 in last week and micky mouse default letter clearly states missed payment by 14th July. I bank with Barcaly's so am thinking got to be bit careful although we changing bank account very soon. (maybe sooner the better), if things get messy. This letter is pure manure I may try scan and post on here tomorrow but i think im still going to phone BC in the morning to ask what game they playing.

Thanks once again

Ang

[the_shadow]

Slick to the rescue once again, thank you for your time and patience.
Did you get my point though, ive never ever had any dealings with mercers but the letter insinuates that they been trying to trace me for some time. I have read your link so thanks for that im thinking i'll borrow my neighbours 2 rotweilers for the day, might as well have a good laugh on them lol. Im just shocked had account for 10 years 2 missed payments in that time payed 1 in last week and micky mouse default letter clearly states missed payment by 14th July. I bank with Barcaly's so am thinking got to be bit careful although we changing bank account very soon. (maybe sooner the better), if things get messy. This letter is pure manure I may try scan and post on here tomorrow but i think im still going to phone BC in the morning to ask what game they playing.

Thanks once again

Ang

DEFINATELY change your bank account, the bank has something called the right to offset which means they can take money from one account to pay off the debt off another without asking/notifying you at all.

As to the claim about unable to contact you, its a standard template letter they send so it may relate to you or it may not, they just want to scare you into thinking someone will visit who has powers to break in and take stuff or intimidate you... when in fact it could be some old bloke who is earning peanuts going around knocking on doors saying "please contact mercers" .

S.

[slick132]

Hi Angmarie,

Don't take any of this personally - as TS says they're using template letters.

Make sure to reclaim any penalty charges made to the a/c, even if it's just a few. You're entitled to the whole amount charged and NOT just the excess over £12, dispite what BC may say.

[angmarie]

Hi Slick

Well that was easy enough, phoned mercers asked for explaination about power2contact letter yep computer generated bull. Told them I intend to make payment by 14th July as requested in their first letter to me last week. We agreed if i payed half today and the rest by 14th July charges are to be refunded. Just like that



Ang

[slick132]

Hi Angmarie,

Please check your shoes for dog poo. You must've stepped in some to be so lucky with BC !!

Make sure you check on the next statement and ensure the FULL amounts of all charges are refunded.

[angmarie]

Hi Slick

I sent cca request to B/Card on 10th July 2009. Today I have received letter dated 20th July 2009, it says under section 78, we must supply you with a COPY of your executed agreement. So they only need to supply a copy, im confused about this now i thought the whole point was to get a true copy of agreement. Also they attached a copy of their T/C it is 2 full A4 pages of really really bad tiny fuzzy smudged completely illegible and impossible to read.
The only bit I could make out was this:
With effect from Jan 2000 we will not charge membership, well unless they work in a tardis im sure those T/C dont apply to me I took my CC out in 1998.
They close by saying cca to be sent in due course.


Ang

[slick132]

Hi AM,

If you read other threads here in BC forum, you'll see the hassle this is causing many CAGgers. BC will not normally send out credit agreements.

You can certainly complain that the doc'ts sent so far are illegible and therefore fail to fulfill the obligations imposed on BC by the CCA 1974.

But complaining wil NOT get you sight of the agreement.

Any sign of the refund of charges yet. If they haven't done so by your next statement, you'll need to reclaim from them using the proper procedures - ie Prelim Claim letter then lba.

Have you filled out a site spreadsheet yet for your SOC (Schedule of Charges).

[angmarie]

Hi Slick

Thanks for your response, I will just have to sit it out for a short while with B/C. I have not heard a peep from Barclays/Mercers regarding refund of overpayment since I sent the letter before action which you suggested, so few more days then im good to go on the LBA route. I really cant believe it 5 weeks and still they have no idea what they are doing (shocking).
We have new bank account all ready to go now as well so thats good.
I dont know if this good thing or not but I did not pay O/H Barclaycard this month cause I want them to chase it up so he can say you pay us and we pay you lol. However not a peep yet.
Hope you are all good. My spreadsheet went enclosed with letter.


Ang

[angmarie]

Slick

Just thinking if they dont conform with my cca request and it goes all the way to court, I will still have the letter from them saying cca to follow. So that will be paper evidence for the case wont it. The letter says it is their obligation to comply so we have to see.


Ang

[slick132]

Hi AM,

I have not heard a peep from Barclays/Mercers regarding refund of overpayment since I sent the letter before action which you suggested, so few more days then im good to go on the LBA route.

I assume this refers to your other thread - please don't mention it here as it will just confuse us (well ME anyway).

Re your comments about not paying on OH's a/c so they will refund charges, I think Mercers were talking rubbish when they said they'd refund charges if you paid them what they want.

They'll say anything to get what they want - ie to get you to pay. If they DO refund you as promised, then great. But I think they've just lied and you'll get no charges back until you send the proper Prelim Claim letter with your SOC.

I suggest you send off Prelims for you and OH, each with a SOC and get this onto a proper footing. Start a new thread if you want to discuss OH's case. Perhaps pay the missed payment too, unless you've already got the a/c in dispute re a CCA request.

[angmarie]

Slick

Im sorry the confusion was probably created by me.
I have not yet had my latest B/C statement so im not sure if they did refund charges. This morning I have received another letter from B/C regarding my cca request (I think) they have now sent me current T/C with a short letter that says copy of YOUR t/c and
THANK YOU FOR CHOOSING BACLAYCARD, WE APPRECIATE YOUR CUSTOM.
no ref to cca NOTHING!!!
Yesterday response was as you know unreadable load of rubbish but at least they say cca to follow.


Ang

[angmarie]

Slick

Yep you were as always right, no refund of charges on statement.
However I have received copy of their recent T/C 2008 with a short covering letter saying this fulfills the request.
Ive got a letter ready to go that I saw on here (no response to cca request). Have not checked but bet they cashed my P/Ofor £1.00


Ang