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  • Barclaycard Mercers and default notices

    I have been looking through paperwork as I am not getting the replies I would have expected from our now "ethical" bank.

    I notice that I have had TWO! default notices from Mercers debt collections limited.
    The last default notice from Mercers for £6,419.02 was signed by Tina Grainger, Senior Collections Manager.

    Now I am aware that Barclays use their top debt collectors via Mercers, but could this possibly be the same Tina Grainger employed as Senior Operations Manager of Barclaycard who was nominated for the accolade as last years best debt collector, along with the Barclays Retail Debt Collection Team, by "Credit Today", surely not!

    This default notice was defective, served as usual by Mercers, under Section 87(i) and not 87(1).

    Unfortunately, Tina Grainger and her team were not winners, shame, perhaps someone notified "Credit Today" of their debt collection practices. Keep an eye open as they are looking for this years nominations! Awards in May.

    Now I am not a legal expert, but I thought that once a default notice had been issued, all interest had to stop. You have been defaulted!

    Barclaycard however do not appear be of the same mind.

    I have since received a Formal Demand for payment for Outstanding Balance £6,899.08

    As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding balance shown above is now due in full. Please not (yes that is what the letter says) that we will no longer send monthly statements to you.

    The letter continues with the usual load of crap about reporting to Credit Reference Agencies.

    Barclaycard have obviously added interest to the default amount demanded by Mercers? Gone from £6419.02 to £6899.08.

    Does this mean that Barclaycard know that Mercers are issuing deliberately defective default notices, together with official paperwork from the OFT? (reported to OFT)

    Or are they just deliberately flouting the law?

    Very confused now!
    Any comments?
    Last edited by Enforcer; 26 February 2013, 21:31.

  • #2
    Re: Barclaycard Mercers and default notices

    I'll ask Paul to pop in but Mercers are in-house for Barclays - guaranteed!
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Barclaycard Mercers and default notices

      Remind me tomorrow mate if you would. I'm about to sit down and eat. Then I have a ton of work to get through before bed

      Comment


      • #4
        Re: Barclaycard Mercers and default notices

        Cheers mate.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #5
          Re: Barclaycard Mercers and default notices

          Would the difference be the payment due between remedy date and termination?
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: Barclaycard Mercers and default notices

            Any chance of your comments on this one.

            Comment


            • #7
              Re: Barclaycard Mercers and default notices

              Ive emailed Paul for you....
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: Barclaycard Mercers and default notices

                Thanks Niddy

                Comment


                • #9
                  Re: Barclaycard Mercers and default notices

                  Originally posted by Enforcer View Post
                  I have been looking through paperwork as I am not getting the replies I would have expected from our now "ethical" bank.

                  I notice that I have had TWO! default notices from Mercers debt collections limited.
                  The last default notice from Mercers for £6,419.02 was signed by Tina Grainger, Senior Collections Manager.

                  Now I am aware that Barclays use their top debt collectors via Mercers, but could this possibly be the same Tina Grainger employed as Senior Operations Manager of Barclaycard who was nominated for the accolade as last years best debt collector, along with the Barclays Retail Debt Collection Team, by "Credit Today", surely not!

                  This default notice was defective, served as usual by Mercers, under Section 87(i) and not 87(1).

                  Unfortunately, Tina Grainger and her team were not winners, shame, perhaps someone notified "Credit Today" of their debt collection practices. Keep an eye open as they are looking for this years nominations! Awards in May.

                  Now I am not a legal expert, but I thought that once a default notice had been issued, all interest had to stop. You have been defaulted!

                  Barclaycard however do not appear be of the same mind.

                  I have since received a Formal Demand for payment for Outstanding Balance £6,899.08

                  As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding balance shown above is now due in full. Please not (yes that is what the letter says) that we will no longer send monthly statements to you.

                  The letter continues with the usual load of crap about reporting to Credit Reference Agencies.

                  Barclaycard have obviously added interest to the default amount demanded by Mercers? Gone from £6419.02 to £6899.08.

                  Does this mean that Barclaycard know that Mercers are issuing deliberately defective default notices, together with official paperwork from the OFT? (reported to OFT)

                  Or are they just deliberately flouting the law?

                  Very confused now!
                  Any comments?

                  Mercers are Barclays. That much we know.

                  It certainly seems capable of misleading the Consumer as to the correct state of affairs.

                  As far as interest goes, they are not allowed to increase the rate of interest, but they are allowed to charge interest on the account at the contractual rate.

                  There is of course the requirement to serve the notice of default sums and notice of sums in arrears as well (if applicable) and if they dont, then they cannot charge interest while the default period continues

                  Comment


                  • #10
                    Re: Barclaycard Mercers and default notices

                    Paul's comments were smack on. Mercers are Barclays. That much we know. It certainly seems capable of misleading the Consumer as to the correct state of affairs.

                    Looking at the recent news regarding Banks using misleading tactics I note comments from Barclays / Barclaycard. Barclaycard say that they were clear in the first paragraph of letters that Mercers was a registered company in the Barclays Group!
                    We act as agents for Barclays Bank PLC trading as Barclaycard. How is that supposed to imply that they are part of the same group?

                    Misleading and confusing!

                    Comment


                    • #11
                      Re: Barclaycard Mercers and default notices

                      Hi

                      My Mercers DN letter dated July 12 states the following: Mercers Debt Collection Ltd is a separate company within the Barclays groups.

                      i received no assignment from Barclaycard to Mercers, so separate company or not Mercers should not have issued the DN, Barclaycard should have??

                      Comment


                      • #12
                        Re: Barclaycard Mercers and default notices

                        Don't know what happened since this lot came out, however I did get a letter saying that Barclaycard had removed the default notice from my credit file and so had MKDP. Looks as if they realised that the default notices were defective.

                        Comment


                        • #13
                          Re: Barclaycard Mercers and default notices

                          Originally posted by realfedup View Post
                          Hi

                          My Mercers DN letter dated July 12 states the following: Mercers Debt Collection Ltd is a separate company within the Barclays groups.

                          i received no assignment from Barclaycard to Mercers, so separate company or not Mercers should not have issued the DN, Barclaycard should have??
                          Correct. We beat them in court as a result of this.....
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Barclaycard Mercers and default notices

                            Hi Niddy

                            So does that mean if Barclaycard try to enforce on my debt with its
                            illegible CCA
                            Mercers DN
                            debt sold onto Hoist (with Bryan Carter chasing)
                            they will have difficulty and i could successfully defend?

                            Comment


                            • #15
                              Re: Barclaycard Mercers and default notices

                              Hi Enforcer
                              Was the Default taken off automatically or did you have to persuade Barclaycard? My concern is that they will buy my debt back then issue me with a valid DN.

                              Comment

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