Help I Need advice on PPI mis-sold...Urgently!

[veilside01702]

I took out a loan and PPI 3 years ago with EGG. I was already off work sick and told them all about it on the telephone when I took out the loan. After a few months I was re-diagnosed as the Doctors got it wrong on the first guess.....lol
When I took out the loan I was told that the PPI would pay the loan if my diagnosis changed!
When I tried to claim....I was told they would not pay out as it was a pre existing condition!
They refunded the insurance, but won't accept that I wouldn't have taken the loan out if they hadn't talked me into this consolidation loan and lied about being covered by the PPI.
They also changed the loan amount and duration and cancelled the original loan......I didn't sign any New agreement!
They kindly sent me a copy of the phone conversation made when I took out the loan. The lady can be heard stating a change of diagnosis would allow the PPI to cover the loan. She should have said a change in Condition would allow the PPI to cover the loan, but said the wrong thing!
I am now left with Moorcroft Debt Recovery collecting money for EGG and doing the usual threatening me with court action....
I have an agreement to pay £5 a month and have done this for about 9 months so far....
EGG and Moorcroft have also told me the loan was sold to Moorcroft and EGG no longer own the debt......
After doing a credit check I have found that EGG appear to still own the debt.....Moorcroft just collect it for them...??
I have now been thinking after reading various threads.....(brainstorm)
If they changed the amount and length of the loan, shouldn't I have had to sign a new credit agreement?
If this is the case surely the new one is unenforceable??
I noticed a similar idea under CCA agreements on credit cards.....??
I also have the recording of them lying when they sold the loan as well.....

Any idea's what angle to try and fight this??
As I paid the full loan amounts for a year and they have just refused to even discuss any of this....
They didn't even issue a default noticed....my credit file just shows 3 egg loans starting on the same day, 2 cancelled and the 3rd says £5 for 147 months....

Any help would greatly be appreciated.............H ELP!
lol....
Cheers....

[dx100uk]

interesting
i think you have a very good case here
cca them i bet you get no signed agreement
so then no loan ... reclaim all the money every bit.

this could be good.

do a search for no loan agreement or sometihng like that
there are threads realting to simular cases

dx100uk

[hellhasnofury]

Originally Posted by dx100uk

interesting
i think you have a very good case here
cca them i bet you get no signed agreement
so then no loan ... reclaim all the money every bit.

this could be good.

do a search for no loan agreement or sometihng like that
there are threads realting to simular cases

dx100uk

Yes I totally agree, look at the Debt forum,

Good luck

[reidnet]

Hi,
If they changed the amount and length of the loan, shouldn't I have had to sign a new credit agreement? YES

If they cannot supply a signed copy of the executed agreement then they cannot enforce the agreement.

As far as I would think the only agreement they will have is your original loan agreement..

I would submit CCA along with £1 to obtain a copy of the agreement, they will have 12 days to do so, If after a further 30 days they cannot supply a copy of the agreement they are commiting an offence.

And if they have set up a new agreement without your signature I suggest that you have a look at the Fraud Act 2006, which came into effect in Jan 2007.

Good luck and if you need more help Just shout.

Sorry about the Bold, but its stuck for some reason..lol Honest :o

[veilside01702]

Thanks peeps...lol
I will let you off the Bold Reidnet....lol....after the helpful advice.....
This has been going on since November 2005....
So you can guess it hasn't helped with me going in and out of hospital for 4 years....lol
They got me suicidal in 2005... but bounced back and decided to make their lives hell.....may all their hair fall out and their Credit licences be revoked....lol
I am going to get the fraud act 2007 and get me reading head on....lol
As so far consumer direct, the FSA and citizens advice all passed the buck and said talk to the other....lol....typical.. .
Nobody wanted to tell me if they can change the CCA agreement without telling me or getting me to sign it......they still haven't issued a default against me after over a year.....but say they sold loan to DCA.....
But after looking at my credit file there is no record of it being sold to Moorcroft....so it looks like they are lying and moorcroft are just collecting on behalf of EGG.....
any other idea's of leverage to get them to actually back down and do the right thing????
They refunded the PPI payments directly into my bank then changed the loan payments and length.....leaving me with a loan I couldn't possibly pay...and it looks like they will get away with it too....

[reidnet]

Like H ell they will get away with, Not if we can do anything about it, They cannot change agreements without your consent & Signature..

Keep fighting and we will all help out wherever possible..

Good Luck

Ian

[un1boy]

Hi mate, just subscribing - I'll read over and post later.

[veilside01702]

Latest news....
I got my experian and equifax reports sent through...
They make interesting reading....apparently according to Experian i had 3 loans with EGG all starting on 28 / 10 / 2003.
The first says settled 28 / 10 / 2003, £126 over 52 months....
The second says settled on 11 / 11 / 2003, £122 over 85 months....
The third says started 28 / 10 / 2003, balance £4653, £5 over 147 months....
The confusion I am having is I have requested my CCA from EGG, (as yet not turned up!)....
Even if they can supply the original copy for the original loan.....How can they keep changing the amount and term of the loan without me signing anything??
Just to clarify I am not trying to avoid paying.....I have just had EGG lying when I took this loan and PPI out.....If they hadn't I wouldn't have taken the loan in the first place.....
They refunded the PPI and left me with no way to pay off the loan!
They even had the cheek to send me a CD with the original phone call on it.....where you can hear the sales person clearly lying!
Can I just dispute that I didn't agree to the new loan??
Should I get them into court??
Please, please help.....I need some advice.....
Thank you....
Russ

[un1boy]

Originally Posted by reidnet

Hi,
If they changed the amount and length of the loan, shouldn't I have had to sign a new credit agreement? YES

If they cannot supply a signed copy of the executed agreement then they cannot enforce the agreement.

As far as I would think the only agreement they will have is your original loan agreement..

I would submit CCA along with £1 to obtain a copy of the agreement, they will have 12 days to do so, If after a further 30 days they cannot supply a copy of the agreement they are commiting an offence.

And if they have set up a new agreement without your signature I suggest that you have a look at the Fraud Act 2006, which came into effect in Jan 2007.

Good luck and if you need more help Just shout.

Sorry about the Bold, but its stuck for some reason..lol Honest :o

Hi veilside, have you done this?

[un1boy]

Originally Posted by veilside01702

Thanks peeps...lol
I will let you off the Bold Reidnet....lol....after the helpful advice.....
This has been going on since November 2005....
So you can guess it hasn't helped with me going in and out of hospital for 4 years....lol
They got me suicidal in 2005... but bounced back and decided to make their lives hell.....may all their hair fall out and their Credit licences be revoked....lol
I am going to get the fraud act 2007 and get me reading head on....lol
As so far consumer direct, the FSA and citizens advice all passed the buck and said talk to the other....lol....typical.. .
Nobody wanted to tell me if they can change the CCA agreement without telling me or getting me to sign it......they still haven't issued a default against me after over a year.....but say they sold loan to DCA.....
But after looking at my credit file there is no record of it being sold to Moorcroft....so it looks like they are lying and moorcroft are just collecting on behalf of EGG.....
any other idea's of leverage to get them to actually back down and do the right thing????
They refunded the PPI payments directly into my bank then changed the loan payments and length.....leaving me with a loan I couldn't possibly pay...and it looks like they will get away with it too....

Well done for bouncing back from when you were low, a really good acievement!

As for who owns the debt, the company that own it are the only ones that can process your info - so if ur cra says that egg have processed the default then it is they whom own it.

When it was referred to moorcroft, you should have been sent a letter- I would tell them that you will cease paying moorcorft until a copy of the ORIGINAL alleged default notices has been sent to you, because it's an offence for them not to send one.

I wouldd also say that as you have not been advised of moorcroft's involvement you don't feel happy paying them.

Up to you....

[un1boy]

Hi mate, sorry it's taken me so long, I have been doing exams and things - thanks for the reminder though!

Now, let's sort this out:

Originally Posted by veilside01702

The confusion I am having is I have requested my CCA from EGG, (as yet not turned up!)....

How long ago? If it was 12 working days and a claendar month then stop paying them and don;t until they can provide the agreement. They have commited an offence.

Originally Posted by veilside01702

Even if they can supply the original copy for the original loan.....How can they keep changing the amount and term of the loan without me signing anything??

They can't, so I think it's court time!

Originally Posted by veilside01702

Just to clarify I am not trying to avoid paying.....I have just had EGG lying when I took this loan and PPI out.....If they hadn't I wouldn't have taken the loan in the first place.....
They refunded the PPI and left me with no way to pay off the loan!
They even had the cheek to send me a CD with the original phone call on it.....where you can hear the sales person clearly lying!
Can I just dispute that I didn't agree to the new loan??
Should I get them into court??

This is great ammo fella - you have it on tape.

Have you written to them re what was said?

[veilside01702]

I wrote to them over 6 months and only got ' We have looked into this and do not uphold your complaint!' and then the Ombudsman....They said as the PPI had been reunded by EGG they could do nothing!
EGG transferred the PPI amount Back into my account without telling me until they had done it!
It then looks like they told Experian that the loan was settled, changed the amount and period the loan was over and carried on collecting from me without telling me!
It was only when I couldn't pay the full amounts that they Passed to Moorcroft, first thing I knew was demand from Moorcroft and court threat, phone calls, etc...
This was when I was already suicidal.....This soon got me angry and over the suicide bit....lol
I sent CCA and the 12 days + 2 days for delivery was up on 13th April 2007....
I stopped as of then until they provide proof.....They have until 13th May 2007 another month then I will report them....lol
The CD has the woman stating that " For example should your Diagnosis change....as you don't know what will happen, we will take over your repayments until such a time as you are fit and able to return to work!"
What she should have said is if my CONDITION changes, but she got it all wrong...... Assured me I would be covered, so I took out the loan and useless PPI.....
My arguement has been that this conversation forms part of the agreement....and they lied!
Bu they just keep saying tough, go ahead and take us to court....
But I am not sure what to take them to court for????
Confuzzled.....lol

[un1boy]

Originally Posted by veilside01702

I wrote to them over 6 months and only got ' We have looked into this and do not uphold your complaint!' and then the Ombudsman....They said as the PPI had been reunded by EGG they could do nothing!
EGG transferred the PPI amount Back into my account without telling me until they had done it!
It then looks like they told Experian that the loan was settled, changed the amount and period the loan was over and carried on collecting from me without telling me!
It was only when I couldn't pay the full amounts that they Passed to Moorcroft, first thing I knew was demand from Moorcroft and court threat, phone calls, etc...
This was when I was already suicidal.....This soon got me angry and over the suicide bit....lol
I sent CCA and the 12 days + 2 days for delivery was up on 13th April 2007....
I stopped as of then until they provide proof.....They have until 13th May 2007 another month then I will report them....lol
The CD has the woman stating that " For example should your Diagnosis change....as you don't know what will happen, we will take over your repayments until such a time as you are fit and able to return to work!"
What she should have said is if my CONDITION changes, but she got it all wrong...... Assured me I would be covered, so I took out the loan and useless PPI.....
My arguement has been that this conversation forms part of the agreement....and they lied!
Bu they just keep saying tough, go ahead and take us to court....
But I am not sure what to take them to court for????
Confuzzled.....lol

Have u read the fraud act yet? There will be something in there

I would wait until they have commited an offence in May and then take them to court!

They haven't sent you default notices, nor a letter to advise you that moorcroft were involved, which is wrong - so u could take them to court for that too!

[veilside01702]

What if they say they sent the CCA, but it doesn't arrive??
Say it gets lost in the post and not sent recorded delivery??
Can they just get out of it by saying they sent it??
Also if the agreement they send relates to the one on CRA's files it is already logged as settled!
I guess that would make them look pretty stupid in court.....If they themselves told Equifax and Experian the debt was settled....lol
As well as playing the recording of them lying, the other 2 loans they have falsified with experian and equifax....without a signature etc.....
I just had thought.....That must be covered under Recording false Data ??Data Protection commissioner........tomor row a phone call......lol
I will check out the fraud act.....any idea where to read it??
cheers....
Russ