Had a home visit from Mercers/Barclaycard today.

fabianne

Hi
Can anyone give me some advice please? I am fuming! Also read a lot of thread about this and people saying it rarely happens..so trust it to happen to me..and beware folks!

I work from home and had 2 customers here,daughter answered the door and said "Some guy from Barclaycard wanted to speak to me".Luckily she left him on the doorstep. Went out-the guy is there-with no I.D at all asking if he could discuss the matter with me. Asked him why he was here and that I had received no notice that he would be calling.He asked if he could come in a discuss matters-told him it was very inconvenient as I was busy working. Told him I had been in contact with his company just this week and also sent letters which they had ignored at which he mumbled "I will have to get in touch with them" and walked off. It was very embarrassing as I wondered if customers would have heard the converstaion?

What right have they to doorstep people in that way? Should they notify you first and agree a convenient time?I am certainly not going to discuss my business on the doorstep! What right have they to turn up unannounced with no I.D...esp when I live alone with my children and work from home??
BACKGROUND:
Have a debt with Barclaycard-they have ignored my situation after many discussions and harassment by phone,from 8am to 9pm and leaving messages with my kids/on answerphone (told them to stop and keep it all in writing)

Have sent them 3 letters recently by Recorded Delivery-repeating my situation and enclosing a full SOA downloaded from National Debtline.

Debt handed over to Mercers which I understand is part of Barclaycard.

They have been writing to me-I have answered Recorded Delivery-exactly same letter as B/card- then called them Tuesday of this week and told them I cannot afford their minimum payments and my other creditors have (finally) accepted my token pro rata payments...so why won't they??
Got a lot of the scare tactics off the guy about the next step would be the bailiffs...and batted it back that was fully aware of the procedure AFTER Court and would willingly produce in Court the correspondence/SOA that has been ignored by B/Card-Mercers and the fact I had made an offer of token payments but had been rejected.
BUT-he acknowledged that they had received the last letter with a cheque for token payment and have cashed it..SO-does this mean they have formally accepted that amount now?

...and now this today with the doorstepper.Was going to call and complain about it but worked till 9pm and Mercers closed at 7pm.

I need advice on how to deal with it.Have I got grounds to complain about this??

Thanks
x

Nilrem

Assuming he's got no id you can tell him to get lost as a cold caller.
I would even be tempted to call the local police if it happened to me, as our area is specifically "no cold callers" and if he's arrived with
1: No warning
2: No ID

He could be anyone, and would certainly fall under my definition of a cold caller.

At the very least it's extremely unprofessional to turn up without a proper form of id, and I would never talk to someone who claimed to be from my bank/card company if they arrived at the door sans ID (I even check the ID of engineers who i've booked - i may be overly cautious though).

Crown

Hi, If any Debt Collecotr turns up they have no legal rights to entry to your home and there is no need to even talk them however official looking the paperwork is.

The only people who can legally enter your property is court assigned bailiffs and for this to happen you would have had to have received a summons to appear in the county court anyhow.

Do not agree to anything that you cannot afford. If the phone calls continue send them a copy of this letter. They are still entitled to write but there are laws against the phone calls.
---

"Dear

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I am now formally requesting that all further correspondence be made in writing only.

I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully,"

wherediditallgo

What a cheeky man he was! I hate being cornered like that, so I can understand why you're so annoyed about what happened. Once I knew he had no ID, he'd have had to go on his way. You shouldn't be pushed into discussing your business on the doorstep like that - it's not just your customers to think about, there's also your daughter (it should be up to you how much she knows of what's going on) around who might have heard the details, & possibly the neighbours too.

If he pitches up again, I'd tell him that after their previous unbooked visit to your home, you're now only prepared to sort the matter out in writing or in court (where you'll provide copies of letters etc that you've sent them), & that if they want to discuss the matter in person, they'll have to make an appointment with you. If a different person turns up from the same company with/without ID, tell them you're not prepared to discuss the matter in public like that. They'll therefore need to make an appointment as you've been advised not to continue the discussion, & you're now asking him to leave as you'll have to shut the door. Then do it. If he tries yelling through the letterbox, either ignore him if you can or tell him you'll call the police if he continues to do it as he's already been asked to leave the premises & is now harassing you.

ebsay2000

YIKES! :eek:

Ive started receiving cards from Mercers saying they are going to be calling on me...........4 in as many days!

I was feeling reassured from other peoples comments, that they more than likely wouldnt turn up........... I'm not so sure now!

I'll definately be spending the day hiding upstairs!!!!!!!!!

Like you Barclaycard and now Mercers, have ignored all attempts at trying to negotiate a nominal payment.

The man from CAB first wrote to them in March...........since then the interest from unpaid balances has continued growing!!!! :eek:

Crown

Hi Ebsay, I still think its a rarity. even if they turn up they cant do anything and you are within your rights to tell them to clear off and put it in writing. You have wrote to them so there isnt much more you can do, Are you actually making the nominal payments? if not then do so asap.

ebsay2000

Hi Crown,

Ive not been making any payments to Barclaycard........because they've not even acknowledged the letters, let alone agreed a monetry sum.

Although Barclarys current account/overdraft................. who passed me onto another debt company (not Mercers), did accept 1 pound a month for 6 months. This was negotiated/accepeted pretty sharpish........it must be 3 months ago!

Apperently you cant give one creditor more than another........... so Barclaycard will have to accept 1 pound.....as the overdraft side of their business has already!?

Crown

ebsay2000 wrote: »

Hi Crown,

Ive not been making any payments to Barclaycard........because they've not even acknowledged the letters, let alone agreed a monetry sum.

Although Barclarys current account/overdraft................. who passed me onto another debt company (not Mercers), did accept 1 pound a month for 6 months. This was negotiated/accepeted pretty sharpish........it must be 3 months ago!

Apperently you cant give one creditor more than another........... so Barclaycard will have to accept 1 pound.....as the overdraft side of their business has already!?

I dont want to hijack Fabiannes thread but even if they havent accepted your offer of reduced oayment you should continue making it as it will go in your favour. They can demand all they want but if a pound is all you can give them then so be it. Also I dont think there is a rule about paying one creditor more than an other although its highly unlikey that they would agree to it.

I am currently paying £1 to each of my creditors and making payments of £62 to Barclays at present why I can and noone has said anything. It may be different if you are with the CCCS but I manage my own DMP.

rayday2

ebsay2000 wrote: »

Hi Crown,

Ive not been making any payments to Barclaycard........because they've not even acknowledged the letters, let alone agreed a monetry sum.

Although Barclarys current account/overdraft................. who passed me onto another debt company (not Mercers), did accept 1 pound a month for 6 months. This was negotiated/accepeted pretty sharpish........it must be 3 months ago!

Apperently you cant give one creditor more than another........... so Barclaycard will have to accept 1 pound.....as the overdraft side of their business has already!?

Even if they have not accepted payment I sent them money while they keep cashing there cheques etc then they weaken there case to take things further. I personally would send the £1 each month but keep the letters up too.

I manage my own DMP and work payments out pro-rata they get a percentage of what I have available depending on the percentage of debt owed to them - for example I owe them 20% of my total debt then I send them 20% of the total amount I have each month to pay debtors.

fabianne

Hi all
Thanks for your replies.
I called Mercers this morning first thing and complained to a robot about being doorstepped,who repeatedly droned about having to pay a minimum payment of 1% of the balance each month and wasn't taking it in at all that it was an actual complaint.
I explained,after explaining that this was a genuine complaint about their appalling behaviour... that if I could afford it I certainly would,but as I can't..I can't.I also explained that if I was able to afford this arrangement then my other creditors would also demand that they were treated the same as I was showing B/C preferential treatment.
The robot told me they were perfectly within their rights to send someone to do a home visit.
I told her that I was perfectly within my rights to complain to the FO about their conduct.
Anyone be able to help me word a letter to the FO about them please?
Thanks

fabianne

Oh ...and wanted to post what happened to warn others about it.
You should NOT have to hide in your own home!
Just send them away...wonder how much money they waste paying someone to do this job?
Was very glad it was pouring down with rain too! Poor lad got all wet! ;-)