Its Not A Crime! - BR 28 Feb

[sisternumber1]

Dont worry once they have that then they are breaking the communications act if they contine to telephone your daughter or you.

 

The Fact they thing they can place a charging order on the property she rents is very amussingas i would love to be a fly on the wall when they try and get the court order. God what it would be like to be a fly at times.

 

Good luck with the benefits if you need any help give me a shout l am good at forms.

 

Chrissi

 

 

Its not her rented property they think that they can get a charging order on but mine! The young woman in question says that because my daughter has given me permission to talk and write on her behalf because of her ill health means she has passed the responsibility of her debt to me! but as she also said that they never utilise the court system to enforce debts! I doubt that this young woman had any ideas as to what she was talking about. No more telephone conversations though until I have recording facilities in place!

 

Now can someone answer the question what exactly is the connection between Mercers and Barclaycard? If Barclaycard have say they have stopped the telephone calls for 14 days, does this apply to Mercers? Does Barcalycard own Mercers? or is Mercers independent entity? When I was sorting out my personal debts they were the hardest to get rid off, in fact my Barclaycard debts where the hardest to sort as they did not listen, nor did they ever reply to letters.

[surprise]

Mercers are the inhouse debt collection for Barclaycard. I had a torrid time for a while. I sent the letter regarding phone harassment, also the one about visiting the property without permission I sent it to both Barclaycard and Mercers, I also sent it to the OFT. Since that time they have been dealing with me in writing, not one phone call and this was back in the summer. They have yet to furnish me with a properly executed agreement and I have not paid them a penny. Had a nice letter from Mercers yesterday would I mind telephoning them so as to discuss the matter. They'll have a long wait before I ring them.

[sisternumber1]

htey have signed for the letter that we sent as per Paul's(pt2537) reply. They signed for it this morning it was sent special delivery.

 

My daughter is now getting calls from Mercers every hour on the hour, she has switched her phone off for now. Please a link to where to go to know what to do next. Mercers said told me that they did not care about how they got their money back, and they trully do not care of what they may drive us to, as our doctors says my daughter is very vunerable, how the hell do we stop them? I am trying to get all the paperwork together as quickly as I can but Barcalycard seem to be reasonable but Mercers are bhounding my daughter, do they always work like this?

[pt2537]

right then,

 

this is harassment in my humble opinion and i feel such actions would be contrary to the Protection from Harrassment act 1997

 

i suggest inview of the comments and the fact that your daughter has turned her phone off she is obviously being affected by this.so i would make a formal complaint to your local police, this behaviour should be reported to the police and they should get involved as it is not a civil matter where a person is being harrassed

 

in addition, you need to complain to Trading Standards due to the harrassment

 

i will take a look when i get a mo to see if there is any letters i have on my pc to send them to try and shut them up

[sisternumber1]

Thank you Paul

 

She is on her way home from dialysis at the moment. She has agreed to complain to the police so we will do this tomorrow - she needs to sleep, nice way to spend new year, but it will be done, when I have a moment I will read round to see what i need to do re trading standards.

 

Today received in the post her latest statment from Barclaycard - not all the missing ones but one date a week ago. They are taking Payment Protection charges from her account, looks like these have always been charged to her account, surely we should be able to get these back? Didnt realise that she was paying for such a thing and I am sure that she will never be able to use it as her medical condition would never allow her to claim under such "insurance", presumably just another way to fleece her.

[pt2537]

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

use the search function on the TS main website then find your local trading standards and give them a call

 

 

with regards to the PPI,

 

it looks like a claim for misselling of the ppi too so any payments made to that should be recoverable

[Hopeful1]

Hi. Just wanted to add my support as Paul is giving you the best advice. Glad your daughter has agreed to make a complaint. These people need to know you mean business and they do actually have to act within the law. Sometimes a glimmer of compassion would be sufficient, wouldn't it?

 

I hope the complaint is a positive process.

 

Best wishes

[The GodMother]

They might decide to back off once the police are involved as the police will hopefully contact them.

 

If not then you may be able to take them two court over the harassment but l wouldnotbe certain on that paul would be the best person to advise you on that.

 

Chrissi

[sisternumber1]

strange twist - my daughter received a text message requesting she phone the number in the text urgently. the telphone number is one belonging to MBNA - is this a new way round the request to get in touch in writing only?

 

OH Barclaycard have now akcnowledged that they are not to telephone her - they are sorry that the telephone communications were seen in the light of harrasment!! They have promised to remove all my daughters telephone numbers from their database. Indeed now no more phone calls have been received from them or their alter ego Mercers. Now doing several things as per other thread.

[surprise]

Don't fall for the MBNA stunt - there was another thread about this. Glad to hear Barclaycard are now listening.

[The GodMother]

Would text messages still be classed as harassement?

 

Glad things are on the up with BC/Mercers.

 

Chrissi

[sisternumber1]

Now have one from some people called ScottCall saying that if we do not telephone Mercers they will send some one round! Thats despite the letter saying that they may not send any one to the door! this is so intimidating! And yet we are dealing with Barclaycard direct - so why are Mercers still involved!

[sisternumber1]

have now found some helpful threads so first thing tomorrow will get in touch with northampton trading standards. will also once again try and get the police involved, thank fully this letter came to my address not my daughters, have no idea which address they intend doorstepping though!

[surprise]

Send the following letter to them, copy Barclaycard and Mercers also report them to TS.

Scotcall Debt Collecting Service

Spectrum Building

3rd Floor

55 Blythswood Street

Glasgow

G2 7AT

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that 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 persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

[sisternumber1]

we have already sent this letter to both Barclaycard and Mercers, so now we will do the same with ScottCall. How can it be ethical to be hounding some one who is in and out of hospital, who is very ill. And the account is in dispute, and we are dealing with Barclaycard direct, how can it be even legal to being chased by two Debt collectors for the same money when we are communicating with the people who the money is owed to. How can this be possible???

[surprise]

Mercers are inhouse to Barclaycard so it looks as if it was passed to Scotcall to deal with, it may well be that it was passed to Scotcall prior to Barclaycard responding. Even though you have sent it once to Barclaycard and Mercers I would still send them a copy also copy OFT and send them a copy of the whole file. Whilst OFT won't take up individual complaints they do make a record of all complaints lodged. Also email your local trading standards they will contact the trading standards office who deal with Barclays.

[sisternumber1]

I have faxed letters to Scotcall (this will go by Special Delivery), I have faxed copies to both Barclaycard and to Mercers. I have emailed a complaint to Trading Standards, now want to send everything to OFT - does any know which way is best? should I copy everything and post it or is there an email address that I can use to email all my copies?

 

Thank you

[surprise]

When I was dealing with Lloyds and Littlewoods I copied everything into OFT and sent it by post to them. They did respond.

[sisternumber1]

this morning a large package from Barclaycard with all the statements going back to 2002. All is mostly well until February of this year from end of February 'till beginning of June almost 2,500 pounds disappears from account mostly in cash. Lots of payments taken from places she would never have been to, including money being taken out while she was in intensive care at Papworth. The card was used in Belfast during this time, my daughter last went to Belfast 5 years ago. The three or four months leading up to my daughters heart op she had blood pressure so low that she was barely conscious, she could hardly breathe, the only time she left the house was to go to hospital to be dialysed, and from 23rd April for ten weeks she did not leave the hospital, yet alone travel to Luton or any of the other places that money was obtained from her account. No wonder the statements disappeared. Now just waiting for the Vrigin statement, we suspect that roughly 2,000 pounds has been taken from there. We know that the card companies will not take any notice of any of this, because my daughter must have left her card and her pin lying around in the house, but as she was too ill to be able to look after herself let alone look after her money we will have her partner/housemate for this. Tomorrow daughter has promised to come round to us so that we can sit and work out what to do, I hope to persuade her to allow us to take it to the police this time with her permission, that on top of the missing drugs.............. However we will have to continue with the idea of getting the debt written off as my daughter really cannot afford to pay it back. Virgin have threatened to take her to court, I think we will let them, let a judge decide what is fair, I am still in the process of getting all the papers together to make a case for why she cannot pay anything at the moment. GP is writing a letter, we have a copy of a letter from the renal registrar about my daughters crumbling and none healing bones, as well as another letter which one consultant wrote to another outlining everything that has happened in the last 18 months, with a brief reference to her medical history, as well as saying he finds it incredible that my daughter was ever able to work, (she stopped working this month 4 years ago - she had worked part time while she was studying for her A levels and then full time for 4 years).

 

So at least we now have some tangible proof of what that woman has been up to. Now we know why she was so desperate to leave Belfast, we believe she did the same thing to her last partner!

[The GodMother]

Hi Sister.

 

OMG.

 

well at least you have the statements now.

 

Rite you have obviously been rather busy since this morning. I am suprised the post man was able to carry the package .

 

Now with the statements.

 

Is there any way you could prove that your daughter was unable to look after her own affairs or that the haouse mate had been going threw your daughters post?

 

One thing l am also thinking is could the housemate have rang up the card company pretending to be your daughter and requesting a copy of her pin number?

 

Its just what l am thinking is they would need to do something about these fraudlent payments made if you can prove that they were made while she was incapable of making them or in hospital.

 

One thing l suggest you do is write to them and ask if there was ever a second pin requested as that would be evidence especially if it was done while you daughter was in hospital having dialysed or in hospital at all.

 

Now if you think/no you are going to have no luck with this then you need to find out as much about the hous mate as possible.

 

Is she back from her vacation yet?

I remember you said she was moving out after christmas. Has she actually done this yet?

 

The reasin why l am asking is because if she is not there and has not moved out the maybe you could look in the shared areas to find out id there is any proof of what has been happening.

 

A chest of drawers in the hallway my hold some evidence of past ppl she has done this to. This would help your case.

 

One thing you need to do is advise your daughter that she does need to go to the police as she will get away with it if not.

 

Your daughter could then have the police prosecute the housemate on her behalf they may even have a part of the prosecution put in where the housemate has to pay the money back including interest which l think is at 8% as well as all interest paid because of the fraudlent activity.

 

Chrissi

[sisternumber1]

Hi Sister.

 

OMG.

 

well at least you have the statements now.

 

Rite you have obviously been rather busy since this morning. I am suprised the post man was able to carry the package .

 

Now with the statements.

 

Is there any way you could prove that your daughter was unable to look after her own affairs or that the haouse mate had been going threw your daughters post? Three times weekly dialysis notes that have her blood pressure etc recorded plus doctors notes. interesting that post for things that werent about money and they main bank account where all there but not the two credit card statements. Housemate/partner (the partner thingy is the most difficult to come to terms with - they were supposed to be partners and they supposedly loved each other) was the only one in the house while my daughter was in hospital, and on two days a week my daughter leaves the house at around 10.30 in the morning and doesnt get back until about 6 in the evening (hospital transpoort not being the most reliable), and on Saturday one of us picks her up at around 3 in the afternoon and returns hers around 9.30 in the evening, depending on how the session has gone. we live an hour to an hour and a half away from the hospital.

 

One thing l am also thinking is could the housemate have rang up the card company pretending to be your daughter and requesting a copy of her pin number? hadnt thought of that

 

Its just what l am thinking is they would need to do something about these fraudlent payments made if you can prove that they were made while she was incapable of making them or in hospital. again hospital notes loads of them first in Addenbrookes, then Papworth and then back to Addenbrookes - I think there is lots of proof for those dates, oh and for two of the days when lots of money dissappeared from her card she was staying with us because she could not look after herself alone - she was barely alive at this point I thought she would die as I was driving her to the hospital - the next day she was admitted to hospital.

 

One thing l suggest you do is write to them and ask if there was ever a second pin requested as that would be evidence especially if it was done while you daughter was in hospital having dialysed or in hospital at all.

 

Now if you think/no you are going to have no luck with this then you need to find out as much about the hous mate as possible. On to that now

 

Is she back from her vacation yet? Yes

I remember you said she was moving out after christmas. Has she actually done this yet? Supposed to be moving end of month, suspect that now she knows that we all have seen the statements she might make a faster exit, like over the w/e - heres hoping, I and various family members and friends will turning up on the doorstep at very frequent but unannounced intervals

 

The reasin why l am asking is because if she is not there and has not moved out the maybe you could look in the shared areas to find out id there is any proof of what has been happening.

 

A chest of drawers in the hallway my hold some evidence of past ppl she has done this to. This would help your case.

 

One thing you need to do is advise your daughter that she does need to go to the police as she will get away with it if not. that will be very strongly put my daughter needs this woman out of her life and she needs her mony back, and I cant help her get rid of these debts without her input, hope that doesnt sound too strong, she and I are very close so I am sure we will sort it.

 

Your daughter could then have the police prosecute the housemate on her behalf they may even have a part of the prosecution put in where the housemate has to pay the money back including interest which l think is at 8% as well as all interest paid because of the fraudlent activity. As far as the police and action are concerned I do not have much faith in them, they really do not like getting involved in what is seen as a "domestic" although they did try within their powers to help as far as the drugs, they have put that womans name on to some sort of register which will be flagged if anything vaguely similar happens

 

 

Really I just need to find a way of getting the credit card companies of her back, and admitting that something terrible happened to my daughter. My daughter needs to be allowed to live a calm life for the time that she has left (she isnt going to die tomorrow but she will be lucky if she gets to 30) She cant do half the things that most people in there mid 20's can, she is not well enough to go on holiday, most of the time she isnt well enough to be out of bed, she will never have children something that she always wanted, her main aim in life these days is to be pain free for a little while, but as that can hardly ever be managed she settles for the pain to be dulled.

[The GodMother]

Have you thought of buying her a new mobile and having the one that she uses at yours so you can monitor the phone calls more.

 

I no you said they would stop the calls but that might not be long term.

 

Now how about having all your daughters mail sent to your house this will stop any further problems as l think the housemate may have been going threw your daughters post. It would explain a way she had access to the pin number of her cards.

 

Something you could also do is have yourself appointed as her power of attorny. This way if they police do not do anything then you could sue the house mate yourself.

 

Or if that is not going to be possible then what you need to do is start the legal process for your daughter and just do everything, You could also partly repersent her in court but she will need to be there and maybe need to speak to the courts herself saying that she wants you to act on her behalf.

 

Good ldea that you have various ppl dropping buy regularly as that will make the housemate aware that you are concerned for her welfare and will hopefully make the housemate think again.

 

shout me if you need anything.

 

Chrissi

[tomterm8]

G*D, some people really are ****.

 

In terms of them taking your daughter to court... what would they achieve? If she has no assets and no likely income, then why would they take her to court? in reality, it sounds very like an empty threat...

 

After all, the court can not order her to pay money she hasn't got. i would suggest perhaps going to CAB or National debt line, since they will get this point accross quite forcefully;)

[The GodMother]

We all no that ppl can be **** tom.

 

I have laughed in a good way when sister have said that they are threatening to take her daughter to court as l know they wont get anywhere when the courts take one look at the daughters health.

 

Chrissi

[sisternumber1]

have appointment at the Police station tomorrow. Police will take my statement even without my daughter's permission especially now that I am getting more frightened for her - the wonderful pauline is now telling the world that her family are under witness protection, and that she has very nasty friends in NI who will come and sort us all out, oh and Special Branch has been involved!! She is seriously deranged, and oh by the way all the transactions on the Barclaycard statement have been put there by me! Before the end of today I may well be dragging my daughter out of the house and back to our place. Solicitors will come after police, not the other way round. I cannot stand by any longer its getting more and more surreal and frightening.

 

MBNA will not supply under SAR unless I agree to £44 fee - I know they cannot do this - they have also told me that they will not cooperate with the Police - its my daughters debt and no one elses, they sent the original statements and they deem that they were received by my daughter and ill health and being on the operating table is not deemed as an excuse. Ah well more heartless souls, where are these people found who can say such awful things? certainly not a job i would do even if it was the only one going. No soul, no conscience.

 

Sorry I am now also frightened.