Resolvecall?! - Mercers/Barclaycard

[debt4get]

i agree with alf, told them myself take me to court stop the interest etc etc, they never listen, mine is over 2 year old dont even hear from them these days, you will continue to get the odd threatogram, but will come to realise is is nothing more than a threat, not to be taken seriously

[Bazooka Boo]

Make a formal complaint to Sharklaycard and the OFT TS via consumer direct, using random names to exploit your lack of knowledge.

[Jeezman]

Hi all,

 

I am also new to this so please be kind to me

 

Due to change in my circumstances last year I have been unable to pay monthly payments so I called CCCS who advised me to give token payment to all my creditors. One of my creditors is Barclays Card and I have set up token payment of a 1gbp which they refuse to acknowledge.

 

I have written to them 3 times to them all recorded delivery advising of my situation. They have ignored what I have requested in my letters and passed the case to Mercers.

 

After I got a few calls (I did not speak with them) and letter from Mercers I wrote to them saying they cannot visit me per the letter template I found in this forum. Now I have got a letter from Resolvecall saying if I do not call Mercers to pay up they will come to my house.

 

In the mean time I had sent a CCA req to Barclays. They have responded with this -

http://i777.photobucket.com/albums/yy53/Jeezman2012/bark1-1.jpg

http://i777.photobucket.com/albums/yy53/Jeezman2012/bark2.jpg

http://i777.photobucket.com/albums/yy53/Jeezman2012/bark3.jpg

 

Can someone enlighten me pls as to what they are saying in the letter? As it does not make any sense! Thanks in advance

[debt4get]

this is the usual rubbish that sharkleys send out...send account in dispute letter..reminding them they have not yet complied..mercers are simply the strong arm tactics of sharkleycard..remember also if any one does come to your home just tell them to sling their hook..they have no more power than you or i... nearly all of us with a beef with barclays have been through this rubbish... eventually they just faaaade away

[Jeezman]

Dear debt4get,

 

Thanks for you reply.

 

Just to add that after 4 days of getting the letter from Mercers I have got a letter from Resolvecall. So I am sending them similar letter saying they cannot come to my house or else .... Hope it works!

[rockwell304]

Apologies for jumping in but I have had exactly the same from Mercers relating to a Barclaycard.

 

I was just about to send the standard template letter but on reflection this seems a little neutral and possibly timid! please tell me if incorrect!

 

I have just drafted a letter to Mercers saying I am in receipt of their letter outlining their rather crude attempt at harassment. Any so called doorstep collectors trespassing on our property will be removed in under 20 seconds! Should an incident occur and I consider my family to be under threat I will take whatever actions are necessary to negate that threat! etc, etc.

 

Is this too strong? it seems these idiots ignore the conventional template letters.

[Jeezman]

Hi Rockwell,

 

I send them letter as under -

 

Dear Sir/Madam,

REF: Barclays Card no xxxxxxxxxxxxxxx (

 

Further to your letter dated 18/02/2010 I understand that it is your intention to arrange a “doorstep call”.

 

Please be advised that under OFT rules, you can only visit me at my home if you make an appointment with me, and I clearly do not wish to make an appointment with you, therefore, I am only prepared to communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people 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.).

 

Thus, take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Hope this helps

 

You can add extra lines per what you have written. Seems OK to me. A kick between their legs.

[moneymummy1]

thats pretty much what I have written to them but they turned up on my doortep today and although i was initially a bit shocked and upset I quickly realise i said exactly the right thing and shut the door in his face! just hope they dont come again

[rockwell304]

thats pretty much what I have written to them but they turned up on my doortep today and although i was initially a bit shocked and upset I quickly realise i said exactly the right thing and shut the door in his face! just hope they dont come again

 

MM,

 

I assume my BC account is more or less at the same stage as yours. Mercers advise me they are arranging a doorstep visit! We are in the wilds of East Anglia a fair way from a major town so it will cost them some time and effort to get here, particularly when on arrival they get ripped to shreds by two Kerry Blue Terriers! If they survive that they then have me to contend with! a former martial arts instructor! good luck is all I can say!

[diddydicky]

well you wouldnt frighten me with your martial arts.....

 

i can kill a man with my bare feet

 

(trouble is i get the sh*t kicked out of my whilst i take my socks off)

[rockwell304]

well you wouldnt frighten me with your martial arts.....

 

i can kill a man with my bare feet

 

(trouble is i get the sh*t kicked out of my whilst i take my socks off)

 

For god's sake keep your socks on and don't take your eyes off them!

 

They will probably send someone employed as a local commission agent, not a problem with that and will just give them the firm 15 seconds to get to the gate routine. However, I could think of better ways of earning a few extra pounds rather than acting as an agent for these crooks and gaining from other peoples misfortune.

[Ster1978]

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

[diddydicky]

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

 

if i were you i woould get a s78 off to ALl your creditors anyway and especially barclays, to whom i would stop making any payments

[Ster1978]

Many thanks Diddydicky however I only joined the forum this evening and my legal sectional knowledge isn't quite there yet . A s78? ALI? can you send me a link to explain this terminaology?

 

Many thanks!

[rockwell304]

CCA request letter.

 

Hi, I'm new here also so best to wait for someone experienced to advise you.

 

You can start however by looking at the the above; if the link does not work go to the template section and you'll find the letter requesting copy of your original agreement under s78 Consumer Credit Act 1974.

Send one to each of your creditors (credit cards, not sure about anything else) enclose a £1 postal order, do not sign, print your name.

Send via recorded delivery, keep a copy. They have 12 + 2 working days to respond. Once they respond post it here removing personal details for people to check and advise.

 

There are very good people here so you will get sound advice.

[rockwell304]

Are your credit cards pre Apr 2007?

[Ster1978]

Yes I think they are. Does i make a difference?

 

Thanks for all your help

[diddydicky]

there you go , rockwell it getting well into the swing of things already- you will too very soon- its all a case of mutual help and support

 

always endorse the back of the postal order " fee for s78 request only"

 

do not send a cheque unless it is someone else's

 

if you are taking a creditor to task over a debt or card which is part of your own bank - before starting on the road to disputing debts ensure that you open a bank account elsewhere and transfer your day to day banking to the new account

 

alll bank account terms allow them to raid your bank account to pay other debts to the same orgnisation

[Ster1978]

Thanks both but have I missed something with regards to credit cards pre April 2007? does it make a difference? what is S78?

 

Only joined the forum yesterday so some terminology will take a bit of getting used to. If there's another thread you would direct us to to explain that would be great!

 

Many thanks both

[debt4get]

yeah the terminology does take a little bit of getting around...s78 refers to you getting your consumer credit agreement which comes under the ref s78...pre apr2007 new rules regarding credit came into force after this date... if you have a read around various threads you will see people being told to send for cca agreement for enforceability...

[diddydicky]

Thanks both but have I missed something with regards to credit cards pre April 2007? does it make a difference? what is S78?

 

Only joined the forum yesterday so some terminology will take a bit of getting used to. If there's another thread you would direct us to to explain that would be great!

 

Many thanks both

 

at the top of the thread you will see a "search" icon (just right of centre)- type into that what you like and have a good sniff around the site

[BeaStrong]

I am new on here but have read this thread and others with interest. I work in financial services and I am speaking from my own personal experience. Many many staff working for credit cards and their debt collection agencies have debts themselves and will possibly be in similar situations as yourself. Keep this in mind when you speak to them over the phone and remember they are just doing a job, they probably won't care about your circumstances and if you just give them one reply ' I cannot afford to pay you any more money at present as I DO NOT have any' they will just put a note on file that they have spoken to you. Keep this up and if anyone does call at your door, just turn them away and say you are not willing to discuss your situation with anyone face to face and could they write to you. Then close the door. Keep up the token payment as it shows you are willing and that you intend staying in contact. I would strongly recommend opening a basic bank account at another bank, the co-op bank do a great one and you can apply online. Barclays do another good one but obviously Barclaycard can still take money out of this. They WILL take funds eventually, particularly at the point of selling off your debt and they will probably leave you with £50 so you can buy essential food. I have seen this happen on numerous occasions. Transfer your salary and direct debits to your new account and if you leave an overdraft at the original bank, speak to the debt management arm and ask them to 'cap' it so you can start paying it back slowly. Never forget, you cannot pay what you do not have so say this to any debt collector you choose to speak to. Hope this helps.

[rockwell304]

Bea,

 

Some of what you say me be correct but I would disagree on two points;

 

1. Everyone who is experienced on here advises under no circumstances speak to these people on the phone! Their methods are intimidatory and they are largely commission driven. There are numerous cases on here where someone has done what you say, but the collectors still call them 20 times daily! I have had calls from 7.50 am to 9.50 pm 7 days a week!

 

2. Someone turning up on your doorstep is a serious act of intimidation with an underlying threat. The most polite response I could think of would be to allow them to leave your premises still intact!

[Bazooka Boo]

Agreed, whilst wanting to show willing and giving your advice, don't be at all surprised if you are given some stick considering your employment.

 

As Rockwell correctly says, there is absolutely NO requirement to entertain any such financial organisation, DCA or otherwise, over the phone.

 

The telephone jockeys employed to extort money from the person on the other end, have NO LEGAL training or qualifications, as they are predominantly recruited from burger flipping establishments, plus they only read off the script in front of them.

 

As for sending "Door step collectors" I am of the very strong opinion that unless it is a certified and qualified court bailiff, then the very least this unqualified knuckle head can expect is to count the number of fingers he hasn't got for every second he fails to get off my property.

 

As for "they WILL take funds eventually" that is a veiled threat, and one which DCA's/OC's like to let the less well educated believe, and I put employees of these companies in that bracket also.

 

The sooner these companies realise that the general public are getting very wise to the underhand and in some cases, unlawful, tactics employed by financial organisations, the sooner they might begin to have an iota of respect for them. In the meantime you and they will have to try extremely hard in getting blood out of this stone!

[diddydicky]

blimey bazooka- i take it your team lost today!! |Mine did:mad: