Hi nic please, pretty please, stop worrying. They can't enter, they have no rights. I had a visit on Oct 16 from Resolvecall, Mercers, Bcard and told the guy to Foxtrot Oscar or I would call the police. Door-steppers are also poor souls on commission only and for £60 they'd get about 6p. Calm down and listen to Mr W. We've all been there and you are in safe hands. love vic

I had a similar letter from crapquest, "JUL 08 a statutory demnd for bankruptcy was sent to you, which we have not recieved a positive contact from..........resolve call will personally serve another sd". This letter was dated july 2010 and i'm still waiting for resolvecall to appear. I originally ignored the sd and nothing happened (not recommended) and between the original sd and this second letter, 2 years thereabouts, the alleged debt went stat barred so i'm continuing on the ignore route.

Letter received today from Capquest, saying: On the 16JUL 08 a statutory demnd for bankruptcy was sent to you, which you responded to by offering a propsal to repay this debt without the need for further action. Your offer was accepted and the legal process halted. However, because of your failure to comply with the agreed propsal, we find ourselves with no other alternative but to instruct our field agents ResolveCall to attend your address and personally serve the statutory demand for bankruptcy. If satisfactory service has been acheieved by the agent they will sign a witness statement that a personal service has been achieved which may be required by the court. We do not take this step lightly there are obvious costs incurred by this company by this personal service and witness statement. Howver it is also necessary for the court upon issue of a bankruptcy petition to be satisfied that the creditor has done all that is reasonable to bring a statutory demand to your attention. It then goes on to say for me to contact them. I do not remember agreeing to any propsal to repay this debt at all. How should I respond to this letter? You can see full history details in my previous post: http://www.consumeractiongroup.co.uk/forum/showthread.php?248332-Capquest&p=3227032#post3227032

Letter received today from Capquest, saying: On the 16JUL 08 a statutory demnd for bankruptcy was sent to you, which you responded to by offering a propsal to repay this debt without the need for further action. Your offer was accepted and the legal process halted. However, because of your failure to comply with the agreed propsal, we find ourselves with no other alternative but to instruct our field agents ResolveCall to attend your address and personally serve the statutory demand for bankruptcy. If satisfactory service has been acheieved by the agent they will sign a witness statement that a personal service has been achieved which may be required by the court. We do not take this step lightly there are obvious costs incurred by this company by this personal service and witness statement. Howver it is also necessary for the court upon issue of a bankruptcy petition to be satisfied that the creditor has done all that is reasonable to bring a statutory demand to your attention. It then goes on to say for me to contact them. I do not remember agreeing to any propsal to repay this debt at all. How should I respond to this letter?

At the first whiff, merest whiff in our case of anything legal these jokers and their associates "Resolvecall" disappeared into the wide blue yonder. They were having none of that and the alleged account was passed elsewhere toute suite as the French say. They cannot call on you without an appointment or without your permission. Just inform them (by recorded delivery) that the implied license under English Law for them to come onto your property is revoked and should they call they will be committing the Tort of trespass for which you will seek damages by way of reddress. Secondly if your account is in dispute, they may be infringing section 1 of the Protection from Harassment Act 1999 and section 40 of the Administration of Justice Act 1970. There are some good template letters here on CAG. In actual fact the only people allowed to call on you lawfully are postmen delivering Her Majesty's mail and people genuinely asking for directions. In the words of Corporal Jones "they don't like it ----------etc" regards oilyrag.

Hi chat Mercers are just the in-house provisional harassment wing of Barclaycard. You won't get any sense out of them so have to ignore their calls. The doorsteppers are no big deal either; Resolvecall/Scotcall; just tell them to Foxtrot Oscar - I had one the other week. Don't let the threats put you off and stay strong. love vic

Hi all Update: Glad confident morning, with a letter from the Sally Ann asking for £9 (a good cause) and a letter from Calder demanding £1100 within 7 days (I have allegedly failed to contact them) or else: bailiff attachment order (interesting one with no income) a local collector (welcome back Resolvecall) And, o yes, the sky may fall in. "Laugh, I nearly cried, and I was in it". No 'phone calls though strange that. Love as always vic

Hi tim This is based on recent and current experience with Mercers. Barclaycard will send some reconstituted crap that satisfies a sec 78 CCA request. Mercers will continue harassment: there are telecoms solutions to this; I have two lines now and we call one the 'death phone' on which all calls are recorded and logged. Resolvecall will visit, in florescent jacket, to which a possible reply is Foxtrot Oscar (although the guy is unemployed and on commission only). Should they harass your wife on a work number then there is action you can take which appears to make them twitchy. This is a long game and only you can decide how to play it: are you sure that the total that they say you owe is accurate? And so on... read other threads. Best wishes vic

Hi guys A brief update. Notwithstanding having sent the above, Mercers have pressed re-set on their wordprocessor. I've just got a 72 hours warning! Of another visit from Resolvecall. Dated 4 days ago. I've put t'kettle on for them and stopped feeding the dog so he has an appetite for fresh meat. x vic

Vic just been doing a little research for you Resolvecall are based in Glasgow as is Scotcall so part of the same I think on a 0141 number if you google either or - you will get the information. As for the jacket zip a dee do dah! You can probably have one made up on Ebay Hence no chat no calls writing only

LOL just had a google of resolvecall Hmmm "Leading edge Intelligence Gathering" So find the required paperwork and pass it on I would use the word but feel "Donkeys and Holes" is far more appealing I wonder how legit these peeps are and if the PM knows the kind of clowns that claim assist the Goverment - Interesting

Hi seagull O yes. Resolvecall agents of Mercers agents of Barclaycard. I have a Barclaycard entitled "amuse bouche for dx" http://www.consumeractiongroup.co.uk/forum/showthread.php?284419-For-amusement-only-amuse-bouche-for-dx that explains my current stance. x vic

Hi guys Episode 2 I have just rang Resolvecall to arrange a home visit on the basis that: “Our agents are trained to gather and understand information so that they can make decisions regarding your accounts, with the intention of helping you resolve any problems you may be experiencing.” This appeared to confuse them somewhat. After some delay, I was advised to call 0844 257 8535, which is intelligently rerouted to Mercers (if that isn't an oxymoron). Happy days vic

Hi gnu Basically you only need to be concerned if a CCJ has been issued against you; always read open your post and do read other threads. I had a doorstepper from Resolvecall the other week and told him politely to Foxtrot Oscar or I would call the police. Don't worry. Good luck vic

We issued proceedings against Egg at the beginning of October. They returned the Acknowledgement of Service but they didn't file a defence in the timeframe. So we applied for judgement in default which was issued yesterday. No doubt they will apply for it to be set aside. No idea on what grounds as they had a solicitor working for them so should have known the process. Although they did write to the court to say we hadn't sent the further particulars of claim but we sent it signed for and had proof of it being delivered so a bit of a porky (or 'arse from elbow' syndrome). Anyway, the court agreed they had no claim and advised us to go ahead with the default judgement. Meanwhile.....A couple of days after they responded to the summons, someone from ResolveCall turned up on the doorstep. We sent them away with a flea in the ear. When we spoke to Egg to complain - because the account is in dispute and they shouldn't be sending Debt Collection Agents round - they said the account isn't in dispute. We told them that it most definately was as we had issued proceedings against them and they had acknowledged them so were fully aware. Their operative said "No, an account can only be in dispute if an issue has been raised with the ombudsman". What an idiot.

Hi whilchil Thanks for your kind words. My disputes are primarily based on: "You have telephoned me at work in a manner that appears to breach Office of Fair Trading and other regulatory bodies’ guidelines. I have verbally requested that you cease this breach; I reiterate that now. Your telephone calls have the effect of psychological harassment and act in a way that is likely to be publicly embarrassing to me. Your telephone calls may jeopardise my continued employment and result in significant financial loss. Should you choose to continue to breach regulatory guidelines and UK and EU law by telephoning me at work I will report your activities to the Office of Fair Trading and the Financial Ombudsmen Service and other relevant agencies. I have made an initial report today to Consumer Direct regarding your activities (Ref no: WMxxx) who have advised me to request a reply from you within fourteen working days prior to contacting them again to escalate this complaint. Meanwhile I should be grateful if you would send me a copy of your complaints procedure." My dispute with Barclaycard is that they sent one of the Kray twins round in a fluorescent Resolvecall jacket as instructed by Mercers who are acting as Barclaycard's agents. Hence my 'North Korean' post in this sub-forum. Sorry to rant, but how would a vulnerable person deal with this? But I am also disputing illegible CCAs etc, but keeping the legal niceties as a side issue at the moment. The dispute doesn't mean that I don't have pay anything but I refuse to pay anything (because I can't afford to and National debtline have advised me so etc. etc.) unless OCs behave reasonably and freeze interest and charges and stop harassment. I have supplied basic I&Es to all OCs with National Debtline's form but nothing else. I have conversed at length with OCs and their in-house DCAs (but I refuse to go through security). They use quite sophisticated voice analysis software, hence the Stockholm Syndrome questions of 'security' followed by faux empathy and the 'killer' questions of: do you have a cat or dog, how much does pet food cost, do you smoke, how many vehicles do you own..? I ain't kidding here! Being married, I've been interrogated by an expert. Returning to reality, I have applied what I've learnt from CAG to my own situation. As the chap from Mumbai said, "You'll get no bamboozlement here sir". best wishes vic

Hi coledog This is a very powerful reference. I have got Aegis/MBNA and Resolvecall/Mercers/Barclaycard off my back by holding them to account for the actions of their goons, but this is a sweet validating argument. Best wishes vic http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

Hi Banks, I've pulled your above post from someone else's thread to avoid hijacking. Please use your own thread for questions. Let us know if there are any penalty charges or PPI on the BC a/c, as asked in post #2 above. Personally, I'd ignore Resolvecall although the image you posted in too small to read their letter properly. But I doubt it says anything important. 8)

I agree that the T&Cs allow either party to terminate at any time. I think the point here is that the CCA is clear (well, clearish) on all circumstances where the agreement is terminated EXCEPT where the running-account is terminated by the creditor when the account is NOT in default. There are no guidelines in the CCA to cover this scenario. That doesn't mean to say it cannot be done, only that the CCA gives no guidelines. So, you have to go back to the T&Cs. Egg T&Cs for accounts opened circa 2000-2002 ish are flawed. This is evident given that the T&Cs of nowadays are very different so Egg have put some effort into to fixing obvious problems. Let's take a look at clause 12 of the 2000ish T&Cs. This is the 'circumstances where we will change the terms and conditions' clause. In this clause in 2000ish it says that they will only change the T&Cs to amend mistakes if the the correction will not detriment the debtor (there are other scenarios where the T&Cs can be amended too). In the most recent T&Cs it says Egg can change any T&Cs no matter what and the debtor has 30 days to terminate the contract if they don't like it. In the most recent T&Cs the 'termination' clause states clearly that you must repay the debt and carry on paying interest and charges on it until the debt is paid off. In the termination clause from 2000ish (clause 15) it says the agreement will remain in place after it has terminated but Egg will no longer provide any benefits and services. It doesn't mention interest and charges. Here's my problem with that original termination clause:- 1. It lacks consideration for the debtor 2. It does not say that interest and charges will continue to be charged on the debt. The later T&Cs cannot be used because the original clause 12 says Egg will only fix mistakes if they don't detriment the debtor. 3. One of the benefits/services Egg provide is an 'Account' (as defined in the T&Cs). The debt is the 'Balance' on this 'Account'. Interest & charges are paid on the 'Balance'. Clause 15 of the later T&Cs state that benefits and services will be withdrawn. The Account is a service so it must be withdrawn (and this is further proved by Egg wording in various letters that the agreement is terminated and the account closed). If the Account has been withdrawn and closed then the Balance cannot exist within the terms of the contract. So what is there to pay? We have had NUMEROUS correspondence with Egg over this point. We feel that Egg cannot continue charging interest or charges on the account and I suspect that the balance may also not be due. All down to badly worded contracts. Egg don't answer direct questions (for example, ask "where and how did I agree to the latest terms and conditions", Egg answer "the relevant clause is clause 15 in the original terms and conditions" - which we are already debating doesn't say the same as the current T&Cs) and don't address the issue specifically, technically, or in legal words. After 30 odd pieces of correspondence Egg stated "we will no long correspond with you on this matter". They are the big corporation, we are the little people. Our story's status is that we raised this with Egg 6 months ago and, as I said, have been corresponding almost constantly from then until the 'we're not talking anymore' letter we received in the middle of September, without them actually properly responding to the issues we raised. We issued proceedings at the beginning of October following our LBA to recover all the interest and charges they've applied to our account since they terminated and to stop them applying more. We're not trying to get out of paying the actual debt, just stopping them from adding interest to it as we see nothing in the original T&Cs that allow them to do this. Egg asked for a further 14 day extension to provide a defence and that deadline runs out next week. Yesterday we received a letter from their solicitors asking us to agree to a further 30 day extension because Egg needed 'to investigate the claim'. Obviously we will turn this down - what are they going to investigate in 30 days that they didn't investigate in the preceeding 6 months?? In addition, we reduced our monthly payment to be in line with the balance as we believe it should be (about £200 less than they are asking for). They have placed the account in default and sent ResolveCall to our house - this is even though we specifically told them not to do this (I don't live at home during the week and they know this) and the dent is in dispute. I spoke to someone on the phone and they said the account was not in dispute. I told them we had issued legal proceedings and had a response from their solicitor - the account was most definatly in dispute and they were fully aware of it! Their response? Oh no, it can only be in dispute if you have an open case with the ombudsman and that they will continue debt collection activity. What?? I asked the operative to point out where in the Debt Collection Guidelines it says that an account is only deemed to be in dispute if a case of open with the FOS and he said 'oh, I don't know the exact clause' to which my response was 'that's because it doesn't exist!' What a bunch of muppets. We now also have a case open with the FOS with regards to their breach of the Debt Collection Guidelines. This is purely my view of how I think the T&Cs are interpreted. The judge may agree, he may not. But, we're not going to lie down and let the banks walk all over us - Egg stated "we can quote any clause we like, they all would apply at some time and you must abide by them all" but this is against the original terms and conditions but so few people will question their authority which is why they'll get away with it 99% of the time. If 1000 people go to court and win, do you think that will impact their profit? Of course not. They probably spend more than that on the staff Xmas lunch. The people who fight back are such a small minority that is why they are so blaze about how they deal with complaints.

Hi slick Thanks for the reply. No PPI on any of my cards. There will be no significant penalty charges previous to the last few months. I have not reclaimed these yet because I don't want to SAR Bcard yet; softly, softly catchee monkey. I follow your point about assignment and that Mercers are merely acting as 'agents' and Resolvecall as apparently self declared 'agents of agents', so I'm happy to leave that for now and continue to hold Bcard accountable for agents' (whether double or trip) breaches of OFT guidelines. I am still unsure whether to ask them to confirm termination given that Mercers' DN is deficient in the usual ways; I know this will be viewed as a technicality in the end but the end may be a good while yet and maybe every little helps? Best wishes vic

Hi Don't be frightened of them. I had a visit the other day (as resolvecall) and they quickly left. They sell themselves as cheap and cheerful door-steppers and are used by Barclaycard, Egg and loads of others. Phone Consumer Direct who will log this complaint and advise further. best wishes vic

Thank you Bazooka Boo. I will wait until the full 40 days is up and then do as you have said. In the mean time I have Barclaycard sending me demands for payment plus Mercers plus Resolvecall and now Barclaycard tell me Calders (another part of Mercers I believe) are dealing with the account as well!!!!!!! Oh yes and Barclaycard have told me thay are not going to stop adding £260+ a month in interest even though they have informed me that they realise CCCS stopped my DMP because I am on benefits which do not give me any cash left over each month to pay my creditors! Onwards and Upwards Chalkitup

Just a quick addition as to who owns the debt, I just found some more correspondence. · A letter from Capital Credit Agencies dated 19/01/2010 stating they have been appointed by Egg to contact me. · A letter from Resolvecall dated 17/02/2010 stating they are acting on behalf of Capital Credit Agencies in relation to my Egg account. · A letter from Egg dated 04/05/2010 stating my Egg card agreement has been terminated and passed on to an external debt collections agency. · A letter from Direct Legal & Collections (DLC) dated 17/05/2010 saying my account has been passed to them. Also have two more letters from DLC dated 23/06/2010 & 21/07/2010 respectively. So I figured that DLC owns the debt then? But why is Egg bringing the claim?

Ta Fuzz. Just the same one we used for Mercers/Resolvecall then.

Being visited by resolvecall, i complained to consumer direct for advice about dispute n harassments bein made by bpf, i received weired response from consumer direct. I really don't want to post here to upset u all.. @skybule..can u tell me where did u get this response from? i got mine from consumerdirect-eastmidlands. @Fuzz..u might be receiving lots of mails from all of us, i sent that stupid response to ur mail with subject line: 'consumer direct response with ref. no'. Please have a look at that mail, hope it will help us with our case. Thanking you all!