Chris V Egg (is this CCA enforcable)

[hitchy1]

Originally Posted by seriously fed up

The letter you propose sending is not a million miles from mine, and clearly their response provoked the same feelings/ reaction in you as the response I got did for me ("dont these people read"?). I think the main difference is that you are a bit more "come on and get some" in the third (red formatted paragraph). And this was the point I was getting at right at the end of my last post. Do we wait for them to take US to court - which is what you are encouraging them to do? This, if it happens would give resolution. But - and the fact that we have both been through an almost parallel process makes me wonder this - is this a policy to see how many they can shake down - "if we make clear that we are ignoring the problems with the paperwork, we can threaten them with court, and see how many cough up" If even one person does so, then perhaps, for them, its been worth it. The fact that my letter from my, different, DCA merely says that "it will be passed to our solicitors" if I dont cough in 14 days, is highly suggestive that this would be the next action, but its not inevitable is it? Kind of "we will recommend/consider etc court action". Or they might even set the court process going, but desert the cause before it gets into court. Again how many of us might give up the struggle before then, even though we might be confident of succeeding. This one isnt an easy path to follow. We are all working away on our own against very large and well resourced organizations that employ highly specialsed staff, who arent all, lets say, highly moral in their dealings.
In any of these events, we havent lost, but we havent won. The debt - albeit with duff paperwork (or in some cases NO paperwork) - will still exist for the bank at least, and they can come back with some other approach, or just a repetition of what they have done already. This is a situation of heads we (the banks) win (if they are paid), but tails you dont (or not in a final sense). A sort of living death (for the debt, as well as for us). Its better than the alternative (just paying whatever sum they dream up as due) but its not altogether satisfactory.
While I wouldnt be confident about the FSA or the Ombudsman, I think your letter is fine. I hope in due course you will advise us all of the outcome (assuming there is one and it doesnt just disappear into its coffin, Dracula-like)

Im just at the beginning of my cases with Egg, one with Capquest and one with Moorcroft. Hope you don't mind if i learn from your experiences and draft similar letters.

[chris5664]

Hi,

I have been surfing the net for egg CCA’s and I came across this from a web site, I cannot confirm if this information is correct or not,


“I thought you might be interested to note that as of April 2009 Egg have changed their Terms and Conditions and e-mailed customers.
One significant change is
Credit Limit
' We will set and and tell you the Credit Limit from time to time.'
My emphasis.
Have they acknowleged a flaw in the old agreement?
Any views would be welcome.”

Can any one confirm this


Chris

[Lilythepink]

Lily here, I am following your thread, and have a account with Egg, their agreements were the same as yours, and I just wish they would take someone to court, to find out what would happen

[seriously fed up]

perhaps Egg know what would happen? And dont fancy the consequences? Better to harass people and get them to pay something rather than end up with nought.
This was what I was trying to say before. From OUR point of view, if you have a case that is either legally solid, or has a chance of success that the Banks dont want to take you on, from their point of view its better to fight a war of attrition - we might call it harassment. But if we go down the "harassment" route, what are our options? Complaints to the FSA etc who, lets face it, will do nothing of much consequence in most cases unless the bank has sent round the Piranha brothers to break our legs.
I dont know the answer to this, but would it be possible for someone who knows they have a watertight case against a bank's claim (for instance they KNOW that there is no executable agreement) to take a bank/dca to court to have a debt set aside? That would at least create closure. The debt - because the bank had failed in its responsibilities - would no longer exist.
For the avoidance of doubt, I am not recommending this - I dont have even 1% of the knowledge necessary to do so - just wanted to open it up as a discussion point.

[cds]

It seems to have turned into a mexican stand-off with a few of my cases.

We seem to be in a similar position to the lenders, they can't afford to take us to court and set a legal precedent against themselves. We can't afford starting our own proceedings and getting some grumpy judge make a decision against us.

cds

[hitchy1]

Originally Posted by cds

It seems to have turned into a mexican stand-off with a few of my cases.

We seem to be in a similar position to the lenders, they can't afford to take us to court and set a legal precedent against themselves. We can't afford starting our own proceedings and getting some grumpy judge make a decision against us.

cds

Hope I'm not hijacking anything as there seems to be a lot of people with same issue. I have agreement with egg/Capquest. Is it legal, if not why? I'm confused.

[cds]

you need to include the repayment, interest etc so we can check the apr

cds

[hitchy1]

Originally Posted by cds

you need to include the repayment, interest etc so we can check the apr

cds

The total amount was £13400 and payments at £206.63 x 84.
That is all that is on the document other than personal details which i removed. Interest rate and apr are still showing.
Thanks

[cds]

Just checked your figures and they are correct

cds

[hitchy1]

Originally Posted by cds

Just checked your figures and they are correct

cds

Does this mean that the agreement is legally binding in that it complies with the requirements?
Egg signed before me, there is no cancellation mentioned and no T and C's in the paperwork. Might be clutching at straws but i seem to recall other Caggers mentioning these issues as relevant.

[hitchy1]

Originally Posted by hitchy1

Does this mean that the agreement is legally binding in that it complies with the requirements?
Egg signed before me, there is no cancellation mentioned and no T and C's in the paperwork. Might be clutching at straws but i seem to recall other Caggers mentioning these issues as relevant.

Just received another letter from Capquest. I have paid them £239 via the cccs in last 12 months. It seems that because i cca'd them they have now added interest of £335 even though i have not defaulted.
Is there someone out there who can find enough fault with my agreement for me to put it in dispute? Please

[cds]

Hi hitchy,

I think you need to start your own thread for best response

cds

[chris5664]

Hi,

I have just received this from Moorcroft

http://i679.photobucket.com/albums/vv156/chris5664/Moorcroft1.jpg

I feel that I am going to ignore it to see what happens.


Any thoughts, comments or views

Kind regards

[chris5664]

Hi All,



Any views or comments on the above or do you feel that I should just wait to see ?

Chris

[ccman]

I would wait and see. All they can actually do (credit history non withstanding) is take you to court and we all know they wont and we all know why

Offer them £300 to settle it

[seriously fed up]

Hi Chris, its a bit soon for there to have been any developments for you beyond your letter, but to further develop my theme of our parallel universes, I am just off the phone to someone from ARC (woke me up - they ALWAYS wake me up!) telling me that they were going to be "forced to take legal action on the card". I told him that I had already indicated that I wouldnt deal with the matter over the phone, but he replied that they were "obliged to phone me to tell me this" - total bollocks of course. Possibly - I hope - like your letter.
Well, I suppose we will just have to wait to see what happens next. But is it just coincidence. Differents DCAs but the same bank?

[chris5664]

Hi All & Seriously Fed Up

I am just waiting I intend just to see what the next move is, if they take me to court so be it.

Kind regards

Chris

[seriously fed up]

All we can do Chris - unless we take ourselves to court
But, it could be a new strategy - threats of court that go beyond the "Pre Court Division" lark that Moorcroft have used. Lets see how many that shakes down.
Let us know if you get Court papers. There could be a few more difficulties for them with me, as I live in Scotland they would have to have a tame Scottish solicitor and couldnt go "in house".
But, as you say, all we can do is to wait

[faramay]

Hi all,

I am having the same problems with egg. My account went into default when I lost my job in September 08. I received a call from them and I explained the change in my circumstances and offered to pay £10 a month until my circumstance improved but they did not want to know. They demanded the full monthly payment plus arrears which I could not pay. I have since been getting letters from Moorcroft threatening to take me to court. I have a copy of what may be my original CCA if that helps.

Sorry if I am not making sense I am new to the CAG forum, any help will be appreciated.

Regards,

[seriously fed up]

Letter from Trevor Munn Solicitors saying that if I dont cough up in the next 10 days they have been instructed to proceed with the Claim and will add a further £290 in costs and there will be a CCJ.
What I am not sure of is their jurisdiction, as they say the claim will be raised in Northampton County Court, but I live in Scotland. Can they do this? Can someone advise who might know about this?
In any event, Trevor Munn will be getting a letter (not dissimilar to Chris's in post 19) pointing out the defects in their client's paperwork, but I would like to know where I stand with jurisdiction?