Egg asking for Charging Order

[Glenn UK]

Originally Posted by WormHasTurned

I've been a bit quiet for a while - just waiting for time to tick by ...

The letter I received from the court advised:

"The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has lapsed the claim will be stayed. The only action the claimant can then take will be to apply for an order lifting the stay."


Well I haven't heard a peep out of Egg or DLC or their Solicitors. I've contacted the court and they advised me that nobody from Egg has been in contact with them and as the 28 day period (actually 28+5 days) has now passed, the case is 'Stayed'. They said Egg would have to pay and apply to a Judge for an order lifting the stay, and they would need to explain to the Judge why they left it so long,

Now this leaves me a little unsure of what to do next. When I hit financial difficulties last year (I'm self employed and a number of factors contributed) after a 'head-in-the-sand' period I contacted all my creditors with my budget and asked for reduced payments while I got on top of things again. Egg were my biggest creditor and the only creditor who wouldn't accept reduced payments. They were the ones who raised the stakes and added the charging order and CCJ action to their hand.

For what its worth Egg have a policy of defaulting debtors before they will enter into negotiations I'm seem to recall. As much as they were reasonably pleasant about the whole business, it does seem to me now i know a little more that this is in effect a ruse to allow them to take you to court sooner rather than later.

So what I'm saying is that if you owe them money don't expect them to be nice about it. If you haven't already prepare to make a counter claim against them.

I would pm JonCris with a link and ask him to look in. If you don't get a response hes not always on line during the week. if you need urgent help let before he responds let me know and ill try to get the info for you.

Reading other threads it seems I make no more payments as the debt is in dispute, and report them to the Information Commissioner for not complying with CCA request. Is this right?

have you actually written to them disputing the account balance? I mean specifically rather than in a round about way? Under the banking code they shouldn't enter into enforcement action on an account thats in dispute so it could be useful to register a dispute formally with them.

As my finances improve and I am able to pay other creditors more do I just leave Egg totally out of the calculations? Are they going to reappear and chase me for payments in the future? Yes they will reappear. have you entered into a debt management plan with a company or arranged things yourself? If you haven't used a company then i can recommend both CCCS and payplan. They're charities who wont charge you but will help you with organising a DMP/IVA or whatever is appropriate. I used payplan and they helped me a lot.

I've been mulling round in my head how to deal with this morally and the things I want are

- to act within the law
- to be able to repair my credit rating
- to be able to sleep at night

Thanks JonCris for getting me this far.

Re credit rating if you are careful then it may be possible but it is dependant on your debts/circumstances.

Ring payplan or cccs, they helped me sleep at night.

Incidentally if you do speak to a company who want any money form you, don't use them both the ones i have mentioned wont charge a penny.

HTH

Glenn

[JonCris]

Good advice Glenn

Wormhasturned also send them, by special delivery, a D10 notice instructing them to stop processing your data. Ask for written confirmation within 7 days. Letter in the templates

[Cornucopia]

Subscribing!

[WormHasTurned]

Thank you everyone for your input.

I'm doing a lot of reading around other threads at the moment to try to familiarise myself more with what happens when people have sent Data Protection Act S10 notices.

It's a lot to take in, and I might need a little bit of encouragement or hand-holding.

I will do this very soon, I just need a couple of days to get my head around all the possible outcomes.

This is all new territory to me, but it does seem the logical next step.

[WormHasTurned]

Have now had a telephone call from ARC(Europe) re the Egg account.

I advised them it was in dispute and that they should go back to Egg for more details, and I asked them to write to me rather than phone - they said they had written last week so I guess the letter will be arriving shortly.

[Worried]

Hi Wormhasturned,

I wish you luck in the fight against Egg. I too had a problems and Egg took me to court and put a charge against my house. I attended the case and the judge was ever so nice but granted the charge because it was going to take so long to pay them back at the monthly rate I had requested (DMP).

Since sold the house and they got their slice of it, but am now about to ask for my statements so I can try and claim back any charges and also any PPI

Keep fighting them, I hope you can hold them off.

[WormHasTurned]

Well have now got the letter ..."This account has been passed to us for collection as our above named client has been unable to obtain payment of the outstanding amount from you .... we wish to make it clear that unless a substantial payment is made ...along with a firm offer to clear the rest of the overdue balance ... we will pass your account to our Solicitors, with instructions to issue proceedings against you in the County Court..." Payments are to be made to ARC (Europe) Ltd... "

To remind people what has already happened in this thread - I was taken to the County Court by Egg/DLC over 9 months ago, put in the defence worded by JonCris, and the last thing I heard was from the County Court in February was that if the claimant wished to proceed they must contact the court within 28 days (they didn't). "After that period the claim will be stayed The only action the claimant can then take will be to apply to a judge for an order lifting the stay."
Hmmmm..

[Jeff2000]

Originally Posted by WormHasTurned

Well have now got the letter ..."This account has been passed to us for collection as our above named client has been unable to obtain payment of the outstanding amount from you .... we wish to make it clear that unless a substantial payment is made ...along with a firm offer to clear the rest of the overdue balance ... we will pass your account to our Solicitors, with instructions to issue proceedings against you in the County Court..." Payments are to be made to ARC (Europe) Ltd... "

To remind people what has already happened in this thread - I was taken to the County Court by Egg/DLC over 9 months ago, put in the defence worded by JonCris, and the last thing I heard was from the County Court in February was that if the claimant wished to proceed they must contact the court within 28 days (they didn't). "After that period the claim will be stayed The only action the claimant can then take will be to apply to a judge for an order lifting the stay."
Hmmmm..

Hi,


Did you contact the court to find out what the state of play is?

If not, it may be worth contacting them and finding out!


Regards, Jeff.

[WormHasTurned]

Yes, spoke to the court this morning they have not heard anything since it was stayed.

[Jeff2000]

Originally Posted by WormHasTurned

Yes, spoke to the court this morning they have not heard anything since it was stayed.

Hi,


In that case it sounds like you have a good case for harassment!



Regards, Jeff.

[JonCris]

It's clear the righthand doesnt know what the lefthand is doing.

Their actions are an abuse of process as this matter cannot be proceeded with without the courts consent. I should write back & advise them of this.

Also advise that should they attempt to have the stay lifted at this late stage you will apply to have their action struck out as an abuse of process

[WormHasTurned]

JonCris

Thank you so much for coming back to me. You are my Dorset Motorbike Lawyer Knight in shining armour

I feel so much more empowered since finding this forum.

Having curtailed 2 phone calls from the new DCA, by saying I would put it in writing, I wrote and explained that the account was in dispute, and why.

I also advised that if they pursued collection outside of the court process I would consider it harassment.

[WormHasTurned]

Over a year on, I have now had a letter from LEWIS DEBT RECOVERY who advise that EGG have assigned the debt absolutely to CL FINANCE on 20th October 2008. They are now asking for payment in full by 4th December otherwise “Our instructions are to take action against you for recovery of the sum of £xxxxx which is now due to CL Finance Ltd.”

To summarise the situation – Was taken to court by Egg and defended their claim (with knowledgeable advice from JonCris) they never provided the proof (CCA) or indeed contacted the court again.

I had a standard letter from the court that advised "Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay".

I see from other threads that several of us were in the ‘assignment’ to CL Finance on 20th October.

I would welcome advice for my particular situation and what my and Lewis Debt Recovery rights are given that the debt has already been taken to court by Egg.

[REST ON A SUNDAY]

Originally Posted by WormHasTurned

Over a year on, I have now had a letter from LEWIS DEBT RECOVERY who advise that EGG have assigned the debt absolutely to CL FINANCE on 20th October 2008. They are now asking for payment in full by 4th December otherwise “Our instructions are to take action against you for recovery of the sum of £xxxxx which is now due to CL Finance Ltd.”

To summarise the situation – Was taken to court by Egg and defended their claim (with knowledgeable advice from JonCris) they never provided the proof (CCA) or indeed contacted the court again.

I had a standard letter from the court that advised "Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay".

I see from other threads that several of us were in the ‘assignment’ to CL Finance on 20th October.

I would welcome advice for my particular situation and what my and Lewis Debt Recovery rights are given that the debt has already been taken to court by Egg.

it is believed that traditionally CL Finance and not the lewis group ,have sent such a letter of assignment --- which is never received until court action has been started ---

is it possible to let caggers look at a copy of the letter with the personal details removed, because this appears to be a change of tactics by lewis debt recovery/cl finance ?????

has everyone else got a lewis letter ?

[JonCris]

They can't start court action without sending an LBA (Letter Before Action)

Also any threat to do so without seeking the courts consent is not only an abuse of process but may also be a contempt of court once you provide them with a copy of the original order & they don't cease their attempts to collect