Thread: ME v Bryan Carter/Fredrickson International re Egg Debt

Hello All,

I am being pursued by Bryan Carter/Fredrickson International for an Egg debt I defaulted on (defaulted nearly a year ago).

Initially, around 6 months ago I was contacted by capquest who said they were acting on behalf of egg etc etc etc. I sent them a CCA request and around 4/5 weeks later they replied (Sending back my £1 cheque) to say they couldnt get the requested information and have returned the account to egg.

So around 4 months back I started receiving letters from Bryan Carter/Fredrickson International......foolis hly I ignored them all until on the 19th Aug I sent them both a CCA. Both £1 cheques were cashed and I have proof of delivery from Royal Mail. On the 22nd Aug I received a latter back from Bryan Carter stating they would refer the matter to their client and get back to me and in they would get back to me and in the meantime they would place the account on hold.

I havent heard anything back since so sent them both the following today -

Dear Sir/Madam,

Your ref – EGG/********

On 19th August 2007 I wrote to you requesting a copy of the credit agreement you allegedly hold in my name, under the Consumer Credit Act 1974 (Sections 77-79). On 17th August 2007 a member of your staff signed for delivery of my written request, and I have electronic proof of delivery showing his/her signature and the Royal Mail Website along with confirmation that my £1 cheque is now banked.

You wrote back to me on the 22nd August 2007 stating you will refer the matter to your client and in the mean time my account would be placed on hold.

A copy of the credit agreement should have then been supplied to me within 12 working days.

To date you have failed to respond to my request.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. I have made a reasonable and lawful request for a true signed copy allowed by the Act. Indeed, The Office of Fair Trading (OFT) states that “if a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence.

I must advise you that any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account.

I expect no other communication from you in respect of this matter except for confirmation of compliance with my requests.

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me

I look forward to your reply within 14 days to resolve the matter amicably

Have I done the correct thing? And is there anything else I should be aware of.

Since this debt is pretty huge I'm sure they wont be dropping it just like that and obviously I did sign up to it so have a responsibility to pay it off however the two occasions I've spoken to Bryan Carter on the phone they have turned down my payment proposals so I didn't know what to do.

Thanks,

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Have I done the correct thing

Yes just sit tight and if they send you any demands you can report the to T/S

Since this debt is pretty huge I'm sure they wont be dropping it just like that

Dont give up hope I many people on here have had large amounts dropped me included

*Bump*

Well if anyone is interested, received a letter from Bryan Carter today stating "We refer to recent communication in this matter. Please note that we have been instructed to take no further action against you and have therefore closed our file"


So what happens now? Back to Egg?

Just wait and see. Sometimes it takes a while for it to sink in that without the agreement the debt is unenforceable; some creditors will use several DCAs (each usually less savoury than the last), in the hope that you will be impressed by their threats and/or lies.

There is, hoever, no need for you to do anything.

Ask Bryan Carter to respectfully remove any credit markers they have placed with the relevant agencies and confirm back to you that they've done this. If you haven't done a credit check recently it might be worth doing one to see what damage they have done.

Thanks guys......will sit and wait then and thanks sillygirl, I've been avoiding checking my credit file recently as I'm dreading what I'll see.....but I guess its time to act!!

There are a few good ones to check with, I think someone uses one on here and the subscription is around £9.99 per month. I pay for two, wife and mine. Its been invaluble and worth the money!