Identity Fraud/Barclaycard. Please help!!!

never-in-doubt · 5 July 2009 at 10:05PM

cjohnson355 wrote: »

Wow!!!! That should do it. Thank you x Mind you, I've just been reading up on Mercers online and it would appear people have major issue with them phoning but they seem to be unresponsive to any letters people have sent. Most people it would appear have had debts with Barclays where I have not. Anything is worth a try though. Fingers crossed.

Yes Mercers are dodgy but so are all DCA's - rumour has it they are Barclays internal DCA's but I cannot vouch for or disprove such a theory!

Regards to the law, in case you weren't aware barclays are jointly liable for the behaviour of their appointed DCA so if Mercers do not cease then you take it out on Barclays. I'd print two copies of the letter and amend one to show Barclays name and address and add this at the top (1st paragraph):

Dear Barclays,

Further to recent communication from Mercers, a DCA appointed by barclays, I hereby formally notify you that if the harassment does not cease with immediate effect I will seek legal action against you as jointly responsible for the actions of any appointed third party.

A copy of my letter to mercers is shown below and the same demands are directed at Barclays as the originator of the harassment.

This way you are effectively proving to Barclays that you have issued a warning to Mercers and if they continue, you can force Barclays to stop it continuing. With proof of your demands, i.e. by handing over a letter, they cannot deny you issued the threat in the first place.

Make sense?

So print two letters and take the amended version here to Barclays and post one to Mercers giving your name and address only. Letter to take to branch with you tomorrow is shown in next post.

Letter to print for Mercers - #8
Letter to print for Barclays - #13

never-in-doubt · 5 July 2009 at 10:09PM

This is the letter you'll take with you to the Manager of Barclays and they will then know that you're serious!

Dear Barclays,
Harassment by Mercers

Further to recent communication from Mercers, a DCA appointed by Barclays, I hereby formally notify you that if the harassment does not cease with immediate effect I will seek legal action against you as jointly responsible for the actions of any appointed third party.

A copy of my letter to mercers is shown below and the same demands are directed at Barclays as the originator of the harassment.

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing despite continual requests that you cease, however I am still receiving calls.

I now insist all further correspondence from your company are in writing only, assuming it is related to me otherwise you should delete all details as matter of course prior to my involving the ICO.

Your continued harassment by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded and used against you should I need to take legal action. I specifically refer you to Barclays who will confirm, from a file note on their system, that I am not the person associated with this debt.

I look forward to your confirmation that my instructions have been carried out, and my details will be removed from your systems within the next 7 days prior to the ICO becoming involved for breach of data processing (unless of course you can find my signed agreement that you can use my personal data).

Yours faithfully,

Sign Digitally

cjohnson355 · 20 July 2009 at 7:48AM

Is this the letter I need to take? There's been a few so not sure :-(

never-in-doubt wrote: »

Hiya

Further to a few PM's between us, when you go into Barclays tomorrow it would be a good idea to learn the following and quote it to the manager!

"I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I'd also like to point out to you that the OFT stipulate, under the Guidance, that it is unfair to pursue third parties for payment when they are not liable"

Then go on to say "If this continues, I will be left with no alternative but to report Barclays to the FSO and OFT. During the course of which I will point out your continued breaches of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997"

See how they handle that response! Ideally, if you have a printer, make a letter using the above and print a copy and hand it in to the manager! Do you have a printer? I'll do it now if you do then you can add the address and your details and print it!

ThinkingOfLinking · 20 July 2009 at 10:26AM

RE: Mercers, someone told me that they are actually Barclaycard, or rather a subdivision. It's their own personal debt collection department, under another name to appear more legal and intimidating to try and pressure people to cough up what they owe/are purported to owe.