EGG charge on my property claim!!

[paulolindum]

Unreasonable tactics
I am aware of debt, I got unfairly dismissed 10 months ago and tribunal encouraged out of court settlement from my former employer.
All other creditors have accepted my payments and proof of tribunal etc
Egg went to dlc but they passed it back to Egg after my obvious inability to pay up.
Egg passed it to Aplins Solicitors in Northampton. They accepted my £1.00 per month until change in circumstances but have gone one further.
They have applied (via N1) for the full amount unpaid plus costs. I have the form now.
In their latest letter they say that once judgement is passed against me for the debt, they will apply for it to be charged against my property. "But we will not force you to sell to recover the debt".

I am going to apply for extra time as I believe that once my Subject Access Request returns my statements there will be a load of charges that I can use in my defence.
This also does not take into consideration the years of paying Payment Protection(doh!) which was refused when I informed them of my circumstances. I have the most bona fide reason, and all the proof. I shall also be taking them to task on this and going through the contract with a fine tooth comb.

Any comments out here????

[paulolindum]

Update.
Has anybody out there reached this stage with Egg? I know that my charges and Payment Protection will only account for about 20% of my debt but the non co-operation of the payment protection department and the excessive charges levied on my account have put me into default despite being a regular paying customer in full time well paid employment for over 5 years!

[Jonnie Reclaim]

I would think that it was prudent to fight any attempt to make a claim against your property. Why don't you adopt the banks tactics and stall/delay as much as possible to allow time for your charge information to appear. I would agree with your argument that your charges would contribute to indebtedness to egg, and that this would form an important part of your defence.

Why don't you p.m a moderator to get more precise advice, and also examine the consumer credit act to see what other avenues are available.

Good luck

J

[almostskint]

I reached this stage with egg via DLC. My problem was that DLC informed my wife by the charging order put on the house ,at no time did they inform me that they was going to tell my wife of MY debt which has caused my marriage to break up and I had to move out. I would have thought this was against the data protection act. If any one knows if its against the data protection act I would be grateful as i'm at breaking point
many thanks

[paulolindum]

Hi Jonnie, Almostskint, glad there are people out there. I registered posted my court forms with an admission for part of the claim but did not fill in how much, as I dont know until I receive statements. I also filled out defence on separate sheet and all other forms relative to this claim.
I explained to the court these details and also that I believe my payment protection plan is at fault. Hopefully this will stall proceedings until all these factors can be

Its such a long drawn out process. At least i'm only paying for stamps and letters!!!

[WormHasTurned]

Hello

I'm starting a new thread as I'm in the same situation.

Basically have just received the same letter (Dear Sir/Madam) [can't they even work out which I am??]

I don't dispute owing the money I spent. I just need to work out a way forward which (hopefully) won't give a charging order over my little house.

[paulolindum]

Well everything seems to have gone quiet, although I am now in communication with their solicitors. They have become confused however as I had a call off DLC again who had been instructed to call me after I requested some missing statements and a copy of my PPP contract. They were reasonable and helpful and IMMEDIATELY offered to knock off all charges.i.e £2500!

If it is that easy for them to reduce amounts owing, I am sure that more can be done before the claim goes to court.

[paulolindum]

DLC have been working on my behalf and have persuaded Egg tpo send me ALL my statements. I am still awaiting a 'signed copy' of my Payment Protection Contract though as this is waht I intend to challenge. They may be feeling the pressure though as its getting lots of bad publicity at the moment.

[ladybird17]

why wouldn't PPI pay up?

[ladybird17]

and....is this debt to Egg on a credit card or current account?

[paulolindum]

Apparently redundancy and unemployment did not qulaify me for the payments!?!?!?!
I was unfairly dismissed and had a 7 month tribunal to clear my name. i won and accepted an out of court settlment. I did not sign on straight after I was dismissed as my status was unknown. in theory, the tribunal could have insisted that my job was reinstated and I receive back pay.
acording to the PPI, whose small print I have yet to check, because I didn't REGISTER as unemployed, they could not pay. I do however have LEGAL PROOF of my dismissal and unemployment, regardless of whter or not I 'sign on'

[paulolindum]

its a credit card debt

[ladybird17]

In a PPI the term "unemployment" is defined as being registered at the job centre & actively seeking employment. But what is your employment status now?

[ladybird17]

Right, if it's a CC debt there MAY be another route for you to go down. It hasn't been tried & tested yet, but a few are going down this route. It appears that under the Consumer Credit Act - Section 85 - every time you are issued with a card AFTER the very first one, the card issuer has to supply you with a copy of the original agreement - well nobody ever seems to get this. If this is your second or subsequent card then it may be that Egg are in default and you may be able claim back interest & any penalty charges since the start date of the card. As I said, it hasn't been tested yet, there is a huge thread under Consumer Credit Agreements which you may want to plough through!





If I have been of any help, please click the scaes on the bottom left. These are only my opinions - I'm not an expert!

[paulolindum]

I am actually waiting for the evidence that I even agreed to a PPI plan. I have received all statements however which is a start and also the legal proceedings have been halted.

I'm watching things closely. I'm still unemployed and signing on and have a whole pile of jobseekinbg proof. I have a number of ready made court bundles as I seem to be having to provide the same information to the CSA!!!

I can see why solicitors make so much money, its all so BORING and repetitive!!!