EGG Loan

[Talbot]

This is the first draft reply I am sending to Egg over there letter to me as shown in the post above.

What does everyone think before I proceed?

[Talbot]

bump..help

[Talbot]

can anyone look at my letter please...

[Talbot]

bump.......

[davey77]

To be honest they can, and will, do want they want and the only way to stop the default or CRA files being trashed is to pay the arrears up to date (which you obviously can't do.)

I wouldn't worry too much about details re other letters contradicting the £1 offer or the possibility of a Default. That's going to happen as long as you don't pay what they want. It's really a formality on their part at least.

I have been through your thread again and can't see that you have requested a CCA yet? If you are going to write letters then i would suggest that's the most important one you can spend time doing. If they fail to supply it within 12 + 2 days then you can withhold payment (bearing in mind that will increase phonecalls so do what you feel comfortable with or can afford.)

At some point do that Subject Access Request as well. Although do the CCA first as that has a shorter timeframe for compliance and has implications on enforcement while they are in Default. What date is this agreement? Recent or old?

If you are going to send the letter i would just put the top paragraph at the top of the CCA request letter (kill two birds with one stone and save yourself a stamp)

Although change the wording to:

"I am writing to confirm receipt of your letter dated 16th April 2009 in which you agree to a reduced payment plan of £1.00 for the next 6 months."

[davey77]

Ah, Feb 07 i think you have said for this loan. Well worth a try to check the enforceability aspect although be prepared that loans quite often seem to be put together quite well the last couple of years at least.

[Talbot]

davey your a star thank you very much for having a look for me, i applied online for this after the 2004 deadline in fact around 2007 this is why i didn't bother doing a CCA. It is worth doin an Subject Access Request though and I should have sorted one by now, going to do it today been to focused on the MBNA stuff. I will still send a letter thanking them for agreeing to the £1.00 per month just so I am keeping up correspondance along with an Subject Access Request.

Many thanks my friend!

[Talbot]

sending Subject Access Request today first then following up with a correspondance letter.

[davey77]

A Subject Access Request won't put the account in dispute in the same way should they fail to supply you anything within 40 working days but a CCA request would after 12 + 2 days so it's really about what you want to achieve.

Being an online loan application (and not requiring a signature) and after 2004 it's most likely they have a valid CCA and that it will be enforceable but it's always worth checking. They do get lost so you never know your luck.

And even if it's an ok agreement there's always mis sold PPI and mis stated APR or wording.. various discrepancies to look for which, although wouldn't make it completely unenforceable, would give you a stronger position to argue for a reduced F&F one day perhaps.

[Talbot]

ah i see, i will send off for a CCA tomorrow and get the ball rolling, i assume if they did lose it they can print another and its difficult to prove either way but as said it would give a greater bargaining chip in the future if they didnt comply on time.

[davey77]

Yes they could reconstruct another. But thankfully, creditors are really stupid and can easily make mistakes leaving themselves open to suggestions of, in my view, attempted fraud.

[Talbot]

aah i see anyway sent off so I will await the valid response

[Talbot]

ah bugger forgot to include the standard postal order for the cca and Subject Access Request. damn it shall i re-send with appropriate monies or wait to see what response i get

[Talbot]

surprise surprise egg have reduced my credit card limit (lucky haven't used it and have no intention of should cut it up really)

[Talbot]

what does everyone think should i re-send with monies or wait to see what happens?

[Talbot]

heard nothing from them so will re-send with appropriate payments and see what happens.

[Talbot]

not heard anything, paid my £1 as they instructed so we shall see?

[cds]

Any news on this yet

cds

[Talbot]

nothing yet but i'll post as soon as anything changes

[Talbot]

received a letter yesterday as follows:

the consumer act 1974 requires us to send you this notice because your loan account is in arrears blah blah.