Egg asking for Charging Order

[WormHasTurned]

OK, I'm not proud of this but becuse of changed circumstances I have a pretty large debt with Egg which has gone to DLC and then Aplins.

The letter reads:

Dear Sir/Madam

Further to our recent letter we are now issuing a claim against you in the Northampton County Court and will be seeking to obtain a Judgement against you for payment of the whole amount forthwith.

This does not mean we expect you to pay the full amount straightaway. The reason we are seeking to obtain a forthwith Judgement is to enable us to apply for a Charging Order on your property simply to obtain some form of security for the large debt.

We would like to make it quite clear that if we are successful in obtaining the Charging Order there us absolutely no intention to seek to enforce it by applying for an order for sale. We merely wish to register the Charging Order so that if you sell the property at some time in the future there will hopefully be sufficient equity to enable this debt to be paid.

In the meantime, once we have obtained the Charging Order, we will be happy to accept payments at a rate which you can realistically afford.


Not really sure what to do next . Any knowlegeable help appreciated.

Should I try to reclaim charges against Egg and challenge the amount owed?

Thank you for your informed help.

[stan5131]

xx

[stan5131]

Firstly, I must say that this is the NICEST letter I have ever seen from a DCA! In any event, I would send a CCA request to the DCA, this will put the debt on hold a buy some time. Dont forget to enclose a £1 postal order. Then send a S.A.R - (Subject Access Request) to Egg and see what charges can be claimed back to reduce the debt.

[livelylad]

This has plenty of info for you to look at.
Methods of enforcement: Charging orders and Attachment of Earnings orders

[WormHasTurned]

Thank you.

An update. Claim form issued in Northampton County Court by Egg Banking plc with Aplins shown as address for documents and payments, and myself as the defendant.

I subsequently sent a CCA request and £1 postal order on to DLC and received acknowledgement letter from Hillesden Securities:

"I would confirm and advise the following:
1. I acknowledge receipt of your payment of £1 in association with your request for documents under Section 78 of the Consumer Credit Act 1974. We have put in a request on your behalf to Egg Banking plc for a copy of your original agreement. When this becomes available it will be forwarded to you.
2. 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 78 of the Consumer Credit Act 1974.
Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand."

I sent S.A.R. request to Egg + £10 postal order and received their standard letter back asking for identification and advising
"What happens next? We will begin processing your request on the day we reveive your identification documents and will provide our response within 40 calendar days of that date" etc etc

I have filled in the 'Acknowledgement of Service' online to the Court intending to defend part of the claim and I believe this gives me 28 days to file my defence.

I don't think I will have received the info from Hillesden/DLC and Egg by the time the 28 days for me to prepare my defence runs out.

What would Learned Ones here recommend my next steps should be please?

[stan5131]

I would write to the courts asking for a postponement on the grounds that you are disputing the debt and that you have sent a S.A.R - (Subject Access Request) request to Egg who are delaying. They saw fit to serve papers on you (clearly they were satisfied with your identity and address). Tell the courts that until this information arrives, you are unable to properly prepare your defence.

Also write to Egg stating that you find their letter to be a stalling and delaying tactic and that you have written to the courts to point this out. Point out to them that they did not have a problem with your identity when they filed court action!

[WormHasTurned]

Thank you Stan.

I have written asking for a postponement, and will check with the court whether this will happen.

Actually I don't mind Egg stalling and delaying, after all it is them who are taking me to court, so I don't think I will spend another stamp at this stage.

[thecornflake]

I proved my identity by using their secure online messaging service. this might help.

I'm not sure if they can procede with the court action if the debt is in dispute. I'm also not sure about charging orders though so I don't know what your reaction should be to it.

[ladybird17]

I have seen on other threads that Egg don't accept using their "Secure" messaging as proof of identity. Nice to know their level of confidence in their own security systems isn't it?

[Valdez is Coming]

Hi WormHas Turned

I too am having problems with Egg, so first off all you have my sympathies!

As l understand things, Egg (or any other unsecured creditor) CANNOT apply for a charging order unless you have failed to comply with payment terms of a CCJ. They must obtain a CCJ firstly and you should -with the aid of an income and expenses statement - be able to obtain an affordable monthly payment agreement from the court. As long as you then keep to the payment schedule agreed and unless yr circumstances improve dramatically, no court is going to grant them a charging order on your home!

Remember, Egg is an unsecured creditor. They don't own your life or home!

Best regards.................V aldez

[WormHasTurned]

I spoke to the court and they said I should fill in the online forms and explain I did not have the information I need from Egg for my defence.

Have just today received the letter from Egg confirming acceptance of my ID and stating up to 40 calendar days to receive S.A.R - (Subject Access Request) info. Still no CCA info recieved from Hillesden.

I need to get a response to Moneyclaim Online in the next 2 days.

[JonCris]

Hi wormhasturned
Just seen your post Hope this is soon enough.

1) The Claimants are put to absolute proof and no admissions are made as to any liability to the claimant
2) The Particulars of Claim do not disclose reasonable grounds for applying for a charging order
3) The defendant requires that the claimant identify their authority and legal entitlement to bring this claim by in part providing the defendant with a ‘true’ copy of a properly executed agreement, as required under section 77-79 of the Consumer Credit Act 1974
4) Should the matter be allocated the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider making appropriate orders thereby giving the Claimant the opportunity to properly particularise the claim
5) In the event that the claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.'

Until the Claimant does the Defendant is unable to plead to the allegation, and because of this the Defendant denies that they are liable.

[WormHasTurned]

Thank you ... and have sent you a quick PM.

[FANTASY CHARGES]

Originally Posted by ladybird17

I have seen on other threads that Egg don't accept using their "Secure" messaging as proof of identity. Nice to know their level of confidence in their own security systems isn't it?

HERE IS a link to the data protection act 1998 ...... note the word "REASONABLE "


Data Protection Act 1998
1998 Chapter 29 : PART II :

RIGHTS OF DATA SUBJECTS AND OTHERS

Right of access to personal data.
7. - (3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.


http://www.opsi.gov.uk/acts/acts1998/19980029.htm


apparently some lenders who issue county court claims still want people to send their passports or driving licences in as I.D. !!!!

[WormHasTurned]

Well, when it came to the last day I put in a defence - because I had no other option - thanks JonCris for your words.

At that time - and now - I hadn't received back my CCA request or my Subject Action Request. So I let the court know this.

The court has responded, putting the information back to the claimant

The ball is in their court if they wish to pursue the case.

[mooreda]

just reading this thread and find it absolutely incredible that Egg can do this - I am also a customer of theirs and am appalled! They cannot just go issuing claims for charging orders against property when specific defaults have not given rise to CCJ's etc. you need to get some proper advice on this - contact the national debtline on 0808 808 4000 who should be able to give you some specific guidance on where you stand - and i would also ask the court for compensation by lodging a counterclaim for your time and inconvenience

[Jeff2000]

Hello wormhasturned,


I am keeping a very close eye on this thread, as I will be dealing with egg over charges in the not too distant future. I also have an issue with payment protection, as I do not ever remember asking for this!

So good luck, and keep us all informed of any progress.


Cheers, Jeff.