EGG LOAN PASSED TO DLC Please help

[dcat6311]

Can anyone give me some advice please. I had an EGG personal loan that through unforseen circumstances I defaulted on, To cut a long story short. the debt has been sold to DLC (Debt Collectors) although they deny the debt has been sold and insist they are working on behalf of Egg. I telephoned Egg only to be assured that the debt had been sold to DLC.

DLC say that unless I can pay them £176 per month they are going to obtain a CCJ on me and a charge on my property.

I am not in the postion to pay them anywhere near that amount, and wondered if legally they can take me to court because my agreement was not with them in the fist place.

I have read that if DLC can not prove the debt has been assigned to them they can not legally pursue it, then on the other hand I have read that if I write to them asking for a proof of assignment, that is admitting I have the debt to begin with. I have been paying DLC a token amount for the last few months so I guess I have admitted it anyway ????

I would be really appreciative of any advice anyone has.

Thankyou
Demicat

[rory32]

Just send them a CCA request as shown below. You are not acknowledging the debt and by CCAing them you are placing the debt in dispute so they can't lawfully take any legal action against you while the debt is in dispute.

Dear Sir/Madam

ACCOUNT NUMBER: XXXX


I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original credit agreement
2. Statement of account
3. Copy of the executed deed of assignment from Egg plc and DLC.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

Yours faithfully

[dcat6311]

Thank you for your advice Rory32. I will send the letter and see what happens.

Demicat

[morteee]

DLC are nasty so and so's and they WONT take you to court as they will get very low payments, they will use all sort of tactics to try and get you to up your payments, they tried to tell me that my account with them was marked for legal action despite having never defaulted on a payment plan and that they were going for an attatchment of earnings the first time they tried to bully me however I used to work in debt collection and pointed out to them that they couldnt do this without me having first defaulted on my payment plan, then them having to take me to court, a court payment plan being set and defaulted on and then and only then the judge MIGHT award them an AOE.

the second time they said they were going to send a baliff in to which I told them that unless it was a court appointed baliff enforcing a court order they had NO rights of entry or siezure of goods and that my landlady would report the baliff for trespass (I also live on a private road owned by my landlady so strictly speaking they arent even allowed on the road!)

my landlady (who is actually my mother LOL) wrote them a very nasty letter stating that if someone other than the police or royal mail entered HER property without an appointment with HER she would take this as aggravated tresspass and would persue it to the fullest extent according to the law (unless ofc it was someone in distress)

they have now backed off and are very very close to defaulting on a CCA request after having admittted to me on the phone they dont have a copy of the credit agreement!

they are bullies and just like a bully if you stand up to them they back off!

[Fred Bassett]

Nice one Mortree!

I've just started the ball rolling with Egg, although the DCA they used in my case was CSL. Nonethless, what you've said is another little snippet of useful information to add to my ever-growing collection.

I wish you luck and will watch your thread with interest.

Regards.

Fred

[dcat6311]

Hi all - I just wanted to let you know that i sent the above letter recorded and to be signed for and have received 2 phone messages from DL&C today saying I must phone them before 3.30p.m. Needless today I didnt, But I am getteing nervous now. I will keep you all updated on any developments,
Demicat

[Fred Bassett]

Originally Posted by dcat6311

Hi all - I just wanted to let you know that i sent the above letter recorded and to be signed for and have received 2 phone messages from DL&C today saying I must phone them before 3.30p.m. Needless today I didnt, But I am getteing nervous now. I will keep you all updated on any developments,
Demicat

Good luck matey, I'm right there alongside you having done the same thing at pretty much the same time. It will be interesting to see how the respective DCAs react. I bet mine are worse than yours!

Regards.

Fred

[dcat6311]

Fred - I will take that bet, because I am feeling nervous now.

Good luck and lets compare the progress.

Thanks to everyone who has replied in this thread.

Demicat

[Fred Bassett]

Originally Posted by dcat6311

Fred - I will take that bet, because I am feeling nervous now.

Good luck and lets compare the progress.

Thanks to everyone who has replied in this thread.

Demicat

Fair enough. Shall we make it a pint? Mine's a Theakston's Old Peculiar.

The question now is, is this bet legally enforcable? and shall we get Rameses to oversee fair play?

Regards.

Fred

[dcat6311]

Can anyone offer any words of encouragement or otherwise please.

I have received the following reply on Hillsden Securities Headed Paper

1 They acknowlege receipt of my £1 postal order

2 This account has been assigned to Hillsden Securities T/A DLC Ltd to collect on our clients behalf. Therefore there is no deed of assignment

3 Your request under the CCA 1974 would normally be made directly to the client that legally owns the account, in this case Egg Banking. However, we will put in a request on your behalf to obtain the documention required.

4 If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77 of the CCA 1974

Then they go on to say they will update me within 21 days, of any developments.


Thanks

Demicat

[dcat6311]

Originally Posted by Fred Bassett

Fair enough. Shall we make it a pint? Mine's a Theakston's Old Peculiar.

The question now is, is this bet legally enforcable? and shall we get Rameses to oversee fair play?

Regards.

Fred

Mine is an "old Peculiar" G & T LOL

[rory32]

"2 This account has been assigned to Hillsden Securities T/A DLC Ltd to collect on our clients behalf. Therefore there is no deed of assignment"

And their point is??? Still need a deed of assignment and send you a notice of assignment.

"we will put in a request on your behalf"

That's very good of them seeing as this is your legal right - thanks for nothing mate!!

"4 If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77 of the CCA 1974"

We shall await with baited breath - after all there's a first time for everything.

"they will update me within 21 days, of any developments."

So more than happy to default then - that's what we like to see!!

[rory32]

I assume they haven't sent you a statement of account either - so that's another one of your rights that they have chosen to ignore.

[dcat6311]

Thank you Rory 32

Should I just wait now and see what happens? This is all so confusing to me?

[rory32]

I would just wait - contacting them at the moment won't actually achieve anything. If they do manage to cobble something together looking like an agreement and send it to you just scan it if you can and we can have a look at it. Most of the time if DCA's send you something looking like an agreement it doesn't comply in some way with The Consumer Credit Act 1974 sections 60 & 61(1) so is unenforceable.