Hi SH I've had the same thing from Mercers; DN with no OC name and address on it. They telephone every day and I ignore them. Then got a letter from resolvecall 'acting on behalf of Mercers' with usual threats. A resolvecall chap appeared, then disappeared, from my doorstep a few days ago. I have no proper CCA or intelligent response from BCard and am continuing to ignore their thugs. Best wishes vic

Does a Default Notice have to be sent by the original creditor? I have received a DN from Mercers. It is faulty in number of days allowed to rectify however it only asks for the arrears amount. On the back it states they may terminate. More correspondence ensued but no indication of termination, in fact more statements which show interest is still accruing. 7th April Demand from Resolvecall asking for arrears on account, now showing as full balance 16th April Demand received from Calder Financial asking for the full sum The account is an old MSDW then Goldfish now Barclaycard which they have failed to produce an agreement for. Is the account terminated as they have now requested payment in full? if so was it the Calder demand that has terminated it despite the Payment due only being £586 according to the box out. this has yet to be issued on but I would like to accept their termination before they isssue. resolvecall.pdf Mercers Dn.pdf Calder Financial.pdf

For any of you getting hassle from these so called DCA's [resolvecall], or even paying money to them. This might be of help. [ Infact its from this very site ] Basically they need to provide you with written proof from BPF [an executed deed of assignment documenting] that the debt has been passed/sold over to them. This includes people calling at your house. If they can not - they are acting illegally by demanding money. You can then send them this but ammended to a first time letter [and tailored to your situation] TO xxxxxxxxxx xxxxxxxxx (Via recorded delivery) Dear whoever, Re: Agreement reference I wrote to you on the xxxxxxx requesting a copy of the executed agreement under the Consumer Credit Act (1974). I also asked for a statement of account. A ‘*****’ at your address received the letter on the xxxx. I also requested an executed deed of assignment documenting resolvecall's involvement; this too has not been supplied. In three months you have been unable to supply an agreement because no such agreement exists, indeed a ‘phone conversation with your call centre manager, *****, on the xxxxxxxxxconfirmed that the XXXXXXXXX cannot provide any documentation. Consequently I do not acknowledge any debt to your company As you will know your non-compliance with my request means that your company has committed an offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale. A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim that is issued. Please take note that any legal action you may contemplate will be vigorously defended and contested. I also contend that the money that you have demanded/obtained from me has been unlawful since you have not provided me with any documentation to prove the contrary, and under common law you may not profit from an unlawful act. Furthermore your actions arguably do not comply with the Office of Fair Trading’s (OFT) debt collection Guidelines of July 2003, in that you have ‘communicated with [me] in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide [me] with information on the status of debts’. Notwithstanding the above your operatives have sought to contact me on a number of occasions (approximately xx times) over the last few days, I would imagine regarding your Company’s viewpoint on the above now disputed agreement. I know of these attempts because of the recording received when using British Telcom’s 1471 facility. This intrusion into my privacy has caused a great deal of distress to myself,.Since because of The Data Protection Act (Data Protection Act) I now consider that you ‘phone calls constitute harassment and so from this date any further calls to me will be reported to the Police. In addition you are in breech of the OFT’s July 2003 guidelines in that you are wrongly pursing me contrary to Section 2.8(i). Another worrying facet of this whole case is the unlawful dissemination of my data by your company to a third party. Under the DPA I have principled rights in that (Schedule I) 1. personal data shall be processed fairly and lawfully. 2. personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. (Schedule II) 1. The subject has given his consent. 2. The processing is necessary – a. For the performance of a contract to which the data subject is a party. I have recently conducted an audit of my personal credit reports supplied by experian and Equifax. Within both files, an entry referenced as “Barclays” is lodged indicating a loan. This is recorded as “In Default” on the xxxxx. However, I note that files have been updated continually since then. Since I have had no contact with BPF I can only deduce that it is the DCA/Mercers that is updating my credit file without my consent or that your company is disseminating my information to a third party without my consent The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Incidentally, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent. What I require. 1. I require you with immediate effect to ensure that all data held by you regarding the alleged agreement is removed from any and all Credit Reference Agency database. 2. Ensure that all data held by you regarding me and my family is destroyed. 3. Refund all monies paid to you by me since xxxxxxx or cancel the agreement, or both.. 4. Ensure that no further telephone calls are made to me or my place of work. 5. Ensure that all correspondence is made in writing. 6. I require written confirmation of the above together with a quarterly statement that no data has been processed regarding me by you. Failure to comply Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner. Failure to comply with the requirements of the Consumer Credit Act will cause me to refer the matter to the Office of Fair Trading, and Trading Standards. Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted. Continued telephone contact will generate a complaint to the police. Failure to repay the paid sums shall cause me to report you to the OFT, Trading Standards and the Financial Services Authority. If you fail to comply with any or all of the above I reserve the right to offer the experience to Consumer interest media, I have just enrolled with BBC TV’s consumer watchdog database. If you fail to comply with any or all of the above I reserve the right to take action against you without further contact. I hope to hear from you within 12 working days from the date of this letter, failure to do so will be taken that you failed to comply with my request. Yours faithfully,

Hey guys. BPF received my 3rd letter on the 22/07/10 of which, if it works I will post up here for all of you to send. I hadnt received any form of response other than a letter from resolvecall that I got yesterday, so I called them (BPF) straight away and got through to a very nice young chap who was thoroughly shocked and apologetic at the way we have been treated. He called through to the customer relations team who are dealing with "section 75s" as he referred to us and apparently they were also very apologetic at not having responded and said I would get a response in the next 15 days. Carl, the young chap I spoke to, was furiously typing in the background while I was talking to him and agreed to put my account on hold for another 30 days giving myself time to deal with this response. Then, low and behold, after only a day of receiving the letter from resolvecall, I had a visit from one of their representatives this morning. The guy was actually quite pleasant and I explained, briefly the situation and that he'd had a wasted journey as my account was in dispute at which point he said "okay we'll leave it at that then" and went off on his merry way. I actually felt quite sorry for the guy as I know these guys work on commission and if everyone of his calls were going to be to us Advent students then he wouldn't be making any money for a while, that and he was quite a nice fellow. After all he is just doing his job and its not his fault that he works for a bunch of beeeepin' beeeeepin' beeeepers . Anyway, just thought I'd keep y'all posted and just to let y'all know that hopefully the letter I sent in which I used as many legal terms, codes and regulations as I could find, i.e Banking Code, CCA etc will have a good outcome. There really is no way they can respond negatively as I showed a copy to my solicitor mate and he laughed his head off saying "Nice work, I can't wait to see how they respond to that". I also pointed out to them in the letter that as we are well within our rights to refuse the offer of computeach under section 75, particularly as computeach are unwilling to put their offer in writing then they have no other option but to refund the money paid. Rant over. Peace out.

Update More help from Mercers after explaining my problems to them (see post 16) Received letter from Resolvecall and they say they are acting on behalf of Mercers to collect the arrears. Are they connected at all with Barclays? What a strange system this debt collection business is ........ they nearly always say they are acting on behalf of so and so. I suppose that is so they can not be tied down to anything. Anyway ....... sending letter to Barclaycard or Mercers or Resolvecall (one of them) tomorrow to ask if docs sent in response to CCA are true copies of what I signed ..... which was absolutely nothing!!! I have had time to look deeper into my Barclaycard history and after checking through all the past documents I find that I did not sign anything for the Barclaycard I held since 2001. In that year I was sent a "sign and return" type mailer (still got) to upgrade from the card I was then using. But I then telephoned Barclaycard and they did the application/admin over the phone (2001) and I did not sign anything. Hey Presto card arrived a few weeks later. So ....... where does that leave them for coming up with a signed agreement? ............. can they use the one from the card I already had (if they still have it?) The reason I ask is because the "true copy" of the application form they have sent me in response to my CCA request is not the correct application form for the card I held since 2001 as it has a cover saying Jan to Dec 1989????? ..... so all the APR's are different to what is said on the 2001 "sign and return" mailer. Thanks Onwards and Upwards Chalkitup

the letter from Egg about your card, was it a termination letter? Had they sent a default letter beforehand? Do they fulfil the requirements of the CCA 1974, especially s87 and 88? If not then they have arguably unlawfully terminated the agreement. But the immediate thing is the doorstep visit - this page gives good advice on how to deal with these and also a link to a letter that you ought to send to Resolvecall, Capital Credit Agencies (who would have set Resolvecall on you) and also to Egg. Include details of the dispute in the first two letters. Sometimes puts them off - though not very often. Note the difference in wording with being in Scotland in the template letter. Get these off ASAP as you might not be as lucky next time.

Received doorstep visit from an Egg (Resolvecall) representative today. When asked if I was who they were looking for I asked them who wanted to know. They said 'me' so I asked them what it was for and they told me Egg had sent them. I then told them that they were at the wrong house and shut the door. They just left. Wasn't prepared for that today at all but managed to fob them off without much fuss. Now need to get doorstep visit letters printed and ready. This comes on the back of a letter from Egg the other day telling me my Egg card had been withdrawn and to cut up non-expired cards and return them. Just received the post and got a letter that explains the doorstep visit. A bit of locking the door after the horse has bolted. Should I send Resolvecall the doors step visit letter along with a copy of the account in dispute letter ? Any input is greatly appreciated.

Evening all. I'm in a very similar boat and today got my firsty letter from resolvecall 'We are acting on behalf of Mercers Debt Collections Ltd and have been instructed by them to collect the outstanding arrears due to the by you for your Barclaycard account etc. etc.' I received a voicemail from Mercers two days ago asking me to contact them but on the advice of payplan I don't call any of my creditors. I'm currently handling my unsecured debts through payplan to whom I make a payment each month which gets distributed amoungst my creditors including Barclaycard. Out of HSBC, Barclaycard, Barclays, Santander, Ikano and Capital One, Barclaycard have been the most threatening and despite instructing all creditors to direct all correspondance to Payplan who are acting on my behalf Barclaycard seem to be without morals or professional courtesy and just bombard me with calls and letters. If I can offer anyone advice its to open up a bank account (cash card account) which is not affiliated to any of your credits as I hit a set back last month when HSBC reduced my overdraft limit real time and snatched back last months wages once they landed in my current account by automatically reducing my overdraft limit hence soaking up the wages that had just been paid in! I'm sending off the letter regards should Barclaycard be considering personal visits to my home as due to my finances I'm forced to live with elderly parents who would panic if anyone turned up claiming to be coming to collect on a debt. This forum is fantastically stress-relieving as it appears that knowledge is power+reassurance! Knowing that others are in the same boat and feel your pain and can offer support does wonders and makes you feel stronger and able to take on the big bullies. I'm going to contact payplan tomorrow re. the letter from resolvecall and will keep you posted regarding progress. Thanks all who contribute to this forum, you really are stress relief in forum form

Hi all What do I send next to Bcard - if anything? CCA requested for very old MSDW card. Received usual reconstituted application form. Dodgy DN issued by Mercers. A/c in dispute letter sent to Bcard + holding them responsible for Mercers harassment. Letter and doorstep visit (told to Foxtrot Oscar) from Resolvecall but no confirmation from either Mercers or Bcard that they are who they say they are. Today: 2 statements from Bcard. 1. Mercers are now dealing with your account...' 2. '...your card has been withdrawn. 3. 'Your card has now been canceled....' And £0 credit limit shown. 4. Interestingly no Late Payment Charge for Oct but £12 on all preceding ones. None of this overly troubles me but I wonder if I should write querying the nature of assignment to Mercers and/or does 'Your card has now been canceled.' mean that the agreement has been terminated. Or do I just let dying dogs lie for now? Any advice gratefully received. Best wishes vic

I realise the FOS will take forever and a day to come back with a decision. I've said in the paperwork that my requirements are that they make a full apology and offer suitable compensation for the distress I suffered, failing which the name and address of the agent so I can commence court proceedings. I disliked DCA's before all of this took place. Now I'm determined that the idiot who called will pay for his actions, one way or another. They have zero powers, no rights. Scotcall, Resolvecall and other names they've used have now changed to "fidélité credit management limited" - so that is how they pronounce 'fiddle it' in Scotland then ?

I have received a N1CPC from from Northampton (CCBC) with an issue date of 9th May 2013. The claimant is MKDP LLP. The POC: The claimant claims the sum of £8***.** being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. The defendan's account number was *********** and was assigned to the claimant on , notice of this has been provided to the defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served persuant to the Consumer Credit Act 1974. The claimant claims the sum of £8***.** and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. (Note there is no date "assignedd to the claimant on) I have gone through all my paperwork regarding this. I have been pretty good at keeping all letters from them, but cannot guarantee I have not missed any, but I cannot find a copy of the default notice, nor any letter regarding assignment of the debt to MKDP. The debt has done the rounds through Barclaycard internal processes, Risk Management Alternatives, Resolvecall, Calder Financial and Mercers Debt Collection. I can see on Noddle that the debt is showing as Default on 15/8/12, with the entry under MKDP, but I have had no correspondance from MKDP prior to these court documents, so perhaps Barclaycard did the default and MKDP has transfereed the debt on CRA files. I had requested a S78 request for information back on 22/3/12 and all they sent me back was a copy of their terms and conditions. Their cover letter said they were including a "reconstituted copy of the credit agreement" but did not even provide this. I cannot see anything like a letter before action. I have seem other threads here around MKDP/Barclaycard court and it seems that they are throwing out lots of these at the moment - in the hope of default judgements and admissions?? Should I be sending a CPR 31.14 Request ASAP? What else should I be doing. I will acknowledge the service at the due date. Help! Oh, and the account start date with BC was 06/09/2006 Just wondering if anyone can advise if a CPR 31.14 request will work if the amount claimed is less than £10k and therefore will come under the small claims track? Can they just ignore it? My draft letter to go out today is as follows, so any comments appreciated [template removed]

Hi, Last November I paid almost £600 to Britih Gas for my Gas bill. Then in March I received a bill of £1250. I immediately disputed this and chased up a complaint going back to the previous November which they still haven't dealt with. The BG person said it sounded wrong and he would investigate. I heard nothing more. Recently got a bill for £700 and still think its wrong because we only use gas for the heating and that's only the evenings. I paid some but still disputed the rest. Today I arrived home to find my husband in, he said two men had just knocked to ask for me, when he said I wasn't in they said could they read the meter, he let them (didn't ask for ID) they read the meter then headed for the door, with one of them giving him a letter with my name handwritten on it. Inside was a letter saying they were charging £54 for the visit and "because they can't resolve the matter they are off to apply for a warrant to break in and fit a meter" I phoned BG to say this bill is still in dispute and why is no one resolving the issue to be told they don't know who Resolvecall are or having any idea why they came but that it's not to do with them and now say I owe £550. What is going on? What can I do?

What month in 2007 did you obtain the loan ? Was it pre April 2007 ? After taking out the loan, when did you stop making payments ? Was there a period of 6 years when you did not make payments or admit to owing the debt in writing ? Do Marlin still have this debt assigned to them ? ( Resolvecall I believe will just be acting for a debt owner) Suggest that you check your credit record to see what is currently showing. This is a link to a free service. https://www.noddle.co.uk/ Whoever owns or has this debt assigned to them currently, you should send them a CCA request with the £1 postal order. Link to letter here With regard to the other debts, you should really get proper debt advice about your overall situation. You could make token payments, but this just extends the debts over a longer period, as in terms of limitation act, they will then not become statute barred, so can be subject to court enforcement ( CCJ). If I were in your shoes I would get all my paperwork together about the debts and I would phone Stepchange ( link here ). Perhaps you qualify for some form of debt relief option and you can get shot of your debts. Depends on what assets you own and your income. Don't bury your head again about these debts, as otherwise you risk taking them into your 40's. If you can get proper debt advice now, this may be avoided.

Hoping you can give me some advice please. We have been with British Gas for years. Last year I arranged a repayment plan with them to pay £40 and £30 a month for gas and electric as we are financially struggling. At the end of March this year I forgot to make the online payment. On the 10th April I asked if it would be acceptable to make the payment on the 25th April and I would be able to increase this to £50 each for the gas and electric. I was told this was not acceptable to the outstanding high balance on each account (app £800 gas £400 electric). I emailed again asking for someone to help with this but no reply. On the 24th April I received 2 letters form resolvecall (dated 25.4) demanding payment and that if no payment made a Warrant of Entry would be made to either replace meter or disconnect meter. I also have received letters from British Gas advising Notice of Disconnection. What do I do? I dont want people turning up at the house. Can I move my gas and electric supply to another company? I dont really understand how utilities work. All I know is Im really worried. It seems ludicrous that British Gas allowed me to set up this payment plan then within 2 weeks I have been cut off. Will I lose my gas and electric? Hope to hear from someone.

as will all DCA's doorsteppers too have NO LEGAL POWERS. resolvecall rarely appear anyway. however, if they do show up simply tell them to leave you property or the police will be called. as with DCA's on the phone NEVER EVER enter into any conversation NEVER EVER PAY THEM. i'd also not enter into any letter tennis too. you nailed your colours to your flagpole already dx

Quick update, Moorgate have at last sent a letter to say they can't send me the CCA as requested, because HFC hasn't supplied them with one! Arden meanwhile continue to try calling me and have just sent a letter to say they have appointed Resolvecall "to attend your property". Any thoughts whether I should ignore, or write to them again? Also, is there advice on what I should do/say if someone does visit? Many Thanks, J

Clarification here, Resolvecall are part of Scotcall... They are just a bunch of self employed collectors. If you are sure that just ignoring will do you good then, do .. however i would suggest sending a in writing only template from the Library. Its worked for me in the past.

Be careful with a name like yours, as it may have been someone from DEFRA looking for another Badger to cull ! The person from Resolvecall is unlikely to visit again, unless they live down the road.

I think Resolvecall are to do with Mackenzie Hall. They are mostly self employed collection agents given a list of potential customers in their area, where they might be able to earn a commission for payments made or arrangements signed up to. They probably won't call again, as I don't think they even get their petrol paid for and they have no powers anyway. They will move on to their next list of potential customers. As Egg will no longer be the owners of the debt, you might as well ask them for the money from any claim you made for the charges. If you leave it too late, you will never receive it. That few hundred pounds may come in very handy at some point and you will regret not getting it.

resolvecall doorstep muppets sit tight dx

They have sent another letter saying they are sendng the account to Resolvecall

PDUK debts... Hmmm Sounds like Scotcall... Or whatever they are called, Resolvecall? I have seen cases where the debt has been sold to them.

They sent the account to resolvecall and I sent them this as they were threatening a doorstep visit. Dear Sir/Madam AccountNumber: ********** I DO NOT ACKOWLEDGE ANY DEBT TO YOUR COMPANY. Please find enclosed a copy of thelast letter sent to Moorgate who were instructed to manage the account onbehalf of Arden Credit Management. I am still awaiting an outcome. Thisaccount remains in dispute. Please note that should it be your intention to arrange a“doorstep call”, please be advised that under OFT rules, you can only visit meat my home if you make an appointment and I have no wish to make such anappointment with you. There is only an implied license under English Common Law for people to be ableto visit me on my property without express permission; the postman and peopleasking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB384. per Lord Evershed M.R.). Therefore take note that I revoke license underCommon Law for you, or your representatives to visit me at my property and, ifyou do so, you will be liable to damages for a tort of trespass and action willbe taken, including but not limited to, police attendance. Yours faithfully ******* They sent a letter back saying this law does not apply to them and they can do as they please! What now??!!

Hi, I have posted a topic in the debt in Scotland section but I am desperately hoping to gain as much advice as possible, hence the reason for my post here. I do apologise if this is not acceptable to the forum but please if anyone can help please do. My original query is named: Help! Vanquis, resolvecall, and impact. Thanks.

Field consultant from resolvecall on behalf of Marlin, God knows why he was handling british gas paperwork