Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I have a loan and a credit card with Egg. Due to unforseen circumstances I was finding it difficult to meet the monthly payments of £330 for the two. I contacted Egg by letter explaining the situation and giving a list of my expenditure. They rang me after about two weeks and I was asked loads of questions about every penny coming in and out.
I made an offer in writing of £130 per month for the two items the letter was never acknowledged I wrote again, in total I have sent them 5 letters. Along with the payments each month.
Yesterday I was sent an email from a company called Hillesden asking me to ring them. When I did I was told that they were dealing with the credit card (balance (£3400) and that I must pay £178 by Friday this week and the want £2700 within 21 days and they will then write of the rest. I explained that if I could afford to do that then I wouldnt have fell behind with the payments in the first place they didnt seem to understand that.
I contacgted Egg and they said that they had passed the credit card onto a debt collection agency and that the loan would be passed on next month. Can they enforce this if I am making regular payments. Can some one advice please.
First and foremost, never phone a DCA. Keep everything in writing with them.
Do you have any evidence of your arrangement with Egg, and of the payments being made? You won't get a DCA to see sense, they don't work like that, so you'd need to go back to Egg and make them aware of their mistake in passing on an account which was still being paid.
In the meantime though, write to Hillesden informing them that you do not acknowledge a debt to them as it is in dispute with Egg. Tell them that you will not enter into any discussion about repayments until Egg have had a chance to deal with your complaint. The fos requires that they have 8 weeks, so I'd advise Hillesden of the same.
As an aside, are there any charges you could be reclaiming from the loan or card?
Barclays:WON!!! It took four months but was totally worth it!
Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
Elephant.co.uk: VICTORY - they admitted there was no debt!
Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
<--- If I've been helpful please remember the scales
I have had the card for quite a few years and always paid on time until April this year. The loan is about 4 years old and again always been paid on time until this year.
I requested CCA for credit card from Hillesden and received a signed agreement but no T & C's have requested them. Egg Loan was sold PPI with it but when off ill for 5 months 18 months ago was told that my illness wasnt covered ( I assumed all illness was illness) I have written to them about this and they say that it was my choice to purchase and they refuse to go into any further correspondence. Although I have stopped all payments to Egg until they respond. I have now been left a small sum of money (£2000) is it worth making a Full and final offer. If I deduct the amount I have paid over the last few years on worthless PPI then the amount owed drops considerably so this would be more than 20%. Any thoughts anyone?
Today received from Hillesden a copy of terms and conditions that has clearly been downloaded and printed off the Egg website. I havent signed it and it isnt dated. Is it worth me offereing a Full and final does anyone think?
I would write back to Hillesden and tell them just printing off the current T&Cs from the Egg website does not meet the CCA requirements.
Then complain in writing to Egg and ask them to explain
(a) why they didn't write back to you
(b) why they wouldn't offer a consolidated loan that would have allowed you to pay in full over a reasonable period of time.
Also tell egg that until they fully comply with the CCA request properly, you consider the account to be in dispute and that you will not be making any further payments.
I would wait until egg came back to me with an appology and begin to act reasonably, before thinking about making a F&F offer.
Presumably your CCA request was made to Hillesden? If so, did you request a Statement of Account from them in your CCA request? A Statement of Account is provided free and would detail the initial amount and any additional charges placed on the account by Hillesden.
As Dave stated in post #2, did you write to Egg to ask them why they had passed your account to Hillesden when it was clearly in dispute with them? Edit: if you did write to Egg, did you send it recorded? Do you have POD for this? The only reason I ask is that you state in your first post that you had written to Egg five times. Do you have copies of your letters to them and did you send them recorded/get proof of delivery?
Personally, I would just ignore Hillesden and if they continue to write to you requesting payment, we have a nice “Curlyben Special” letter that you can send to them advising them that the account is in dispute with Egg.
Send Egg an S.A.R - (Subject access request) requesting ALL information held on your accounts with them and enclose a PO for £10. Make sure you put the account numbers on for both the Egg Loan and Egg Credit account as the £10 you send will cover both accounts.
The following is a S.A.R - (Subject access request) I sent to an OC regarding my accounts with them. I copied and pasted it from a S.A.R - (Subject Access Request) I saw on CAG. Send it Special Delivery and make sure you keep a copy of it and get POD from the Royal Mail website:-
Dear Sir/Madam
Data Protection Act 1998
Subject Access Request
RE: ACCOUNT NO’S XXXXXXXXX
Please supply me with a complete breakdown of ALL information that you hold on me concerning these accounts.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require full disclosure of any indication or notes which have either caused or resulted in that manual intervention or any other evidence of manual intervention in relation to my entire history with your organisation, including :
Documentary evidence of the Notice of Assignment that was issued to me upon Assignment of this account to ****DCA***** including proof of its delivery to my home.
Documentary evidence of the Fair Processing Notice that was issued to me upon Assignment of this account including proof of delivery to my home.
Confirmation of the outstanding balance upon Assignment, of this account to ***DCA***.
Full details of all transactional, administration or any other charges that may have been levied to the above account.
Full details of the date and time of all attempts to contact me by telephone, together with full details of all conversational transcripts.
Full details of any attempts by your representatives to visit me at my home, if appropriate.
Full details of any legal action that has been taken concerning this account.
If you are unable to supply this data because there has been no such manual intervention or that the documents do not exist, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. This is a legal request for information and you have 40 days within which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you have communicated with me since the opening of the account.
Please be advised that I will onlycommunicate with you in writing.
Therefore, to this end, I will not enter into any further communication with your company on this matter, unless and until my request is actioned.
I look forward to your response to this Data Subject Access Request, within the next 40 days.
Yours faithfully
The 40 days is actually 40 working days, so start your timing from the day after Egg sign for your Special Delivery.
Have a look at the Bank templates library on the Data Protection Act to keep chasing them until they comply fully with your S.A.R - (Subject Access Request).
If there are any unlawful charges to be claimed back on both the Egg CC and Loan, then a SAR is going to provide you with all the information you need to be able to reclaim your charges.
They will then no doubt, return your cheque and insist that you complete their super form which basically covers exactly the same points, but in a different typeface and with that lovely Egg logo at the top
There were no terms and conditions so I requested then and they sent a copy downloaded from the website.
The original letters I sent to Egg were to try to arrange reduced payments they didnt reply in writing they rang me instead. I thought they had agreed to the payments but then received a letter from DCL asking me to ring them. I did and they were horrible and demanding. Since then I have refused to speak to them.
There are a few charges on the credit card from a few years ago for over limit charges but the card was mostly in limit and paid on time until getting in to difficulty last year. The same with the Loan which I have heard verylittle from Egg about, this may be because I have requested a PPI refund as when I attempted to make a claim during a period of illness ( I was off work for 25 weeks) they said I wasnt covered.
Ideally I would like to make a Full and final offer on both of these but could probably only manage an offer of 10 -15%. Would a SAR actually help me if there have been no charges made exept for a few overlinits on the card
subbing I am in the same exact position but now the lovely people at Trevor Munn are preparing a Court appearance for me!
I dont know what to do, I am also considering a Full and final offer of 10% but as I have made them an offer (which has been refused) in the past I am not confident. Egg, Arc, and Trevor Munn have all ignored my letters advising that I need origional T&C's
Any joint help greatly appreciated.
I have written to Hillesden and requested again a copy of the T&C's also advising them that there has been a breach of the Data Protection Act as they have sent me a Dd Mandate belonging to someone else. I ahve copoied Egg in on the letter so will wait and see what if anything they come up with
My own experience of dealing with Egg was very similar. They ignored letters written to them and tried to deal with the matter by phone. For the reasons outlined by Corny above, I do not deal with these matters by phone.
I eventually did get a written response but I wonder whether it was worth the paper it was written on. It was a cut & paste job from a standard template that didn't quite fit the case. And where there was a space for free text that could have dealt with the issue, the standard of English grammar was so poor as to make the rest of the letter laughable.
I made an offer to pay in full over a reasonable period of time but they turned me down. I sent them a version of the template letter G with the 'Overidning Objects' clause. I am on my second DCA and waiting for egg to take me to court. At that point I'll just produce all the letters and egg's response, such as it is, to demonstrate that egg is not serious about settling. I'll then ask the judge to strike out egg's claim on the grounds that they have not made any reasonable attempt to setttle. Nothing ventured..
Heard nothing from Egg or DLC/Hillesden after advising them that the DD MAndate wasnt in my name. Then couple of weeks ago got a letter from ARC requesting payment in full. Advised them that the account was in dispute. They didnt care. Threats of court action and doorstep callers. Sent the letter re doorstep callers. Then a letter from DLC/Hillesden saying they had closed the account and passed back to Egg. This I assume is where ARC came in. CCA sent to ARC and today received the same paperwork from them as DLC/Hillesden with wrong DD MAndate. Any suggestions. I was considering sending a Full and final offer to them.
Someone else's DD mandate misfiled on your account is commercial sloppiness but hardly a crime, so no point pursuing. PPI reclaim from Egg has been won before, if you have a good read below to see if your case has the necessary ingredients for winning. If you PM the winners nicely they may give you firsthand advice by PM if in doubt. If you have a convincing PPI case and objectively explain as much in writing to Egg, they may decide to skip the palaver and accept a lowered settlement offer from you.
At the moment it looks as if the DLCs have got the bit between their teeth, convinced they have the upper hand. The ball is in your court, good luck.
Corny v EGG
. Due to unforseen circumstances I was finding it difficult to meet the monthly payments of £330 for the two. I contacted Egg by letter explaining the situation and giving a list of my expenditure. They rang me after about two weeks and I was asked loads of questions about every penny coming in and out.
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