Thread: Pickle V Egg

Pickle,

The OFT test case hearing is targeted for 14th January 2008. Deducting two weeks for Christmas/New Year that is only 9 weeks away. The lawful penalty figure the OFT seeks may conceivably leak out before the hearing and have a bearing on the stance of all parties.

With the test case focused on banks and not credit cards, views differ about its impact on Egg. IMHO the closer we get to the hearing the harder to predict the attitude of Egg and other cards. Egg is still offering 100% refund of charges plus 8% p.a. interest, but rather grudgingly and dragging their feet now. There is no telling if Egg will start stalling, or stop refunding altogether and start defending in the courts if the tide appears to turn their way, for example if the test case verdict appears to edge towards £16 penalty charge. All this is hypothetical consideration of future contingencies. No indication at present whether this will or will not happen.

100% charges refund is imho a race against time, best to act asap. A £5 cheque sent to Egg Derby office, requesting a list of penalty charges with dates, accompanied by a photocopy of passport or drivers licence, plus 2 original utility bills (returned), will hasten response. When you have the list of itemised charges, to ask Egg for 100% charges refund, adding ever so helpfully that you do not want to go through the fos and cost Egg an additional £360 fee. You are only seeking a refund plus 8% p.a. You could of course hold out and reclaim all the unlawful interest accrued monthly from the unlawful charges and shown on Egg monthly statements (not on the Egg abridged £5 listing). To go down this route you will need to pay £10 and request the full one-inch-thick bundle of Egg papers, which can take 6 weeks, taking you into the period of uncertainty.

Fingers crossed, you may get a result before the long shadow of 14th January causes complications. As for ARC going after your part-owned house, other specialised forums will cover that aspect more fully. Click SEARCH in the top bar, ADVANCED SEARCH, "house".

CCA request normally takes a long time. Where cards have lost the contract they normally stall as long as possible in the hope the claimant gives up. However a slow response about CCA from Egg is no guarantee they do not have the signed form. Something to keep going, overlapping other activities.

Egg may refund yourself instead of paying ARC, in which case you will be able to bung ARC something and keeps the dogs quiet for a while. Either way the balance owing would be reduced, limiting damage and placating ARC.

Good luck.

Glossary, letters, etc -All-in-one links, abbreviations, acronyms, terms

à http://www.consumeractiongroup.c o.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html

àData Protection Act - Subject access request Generator *** New ***

Originally Posted by aBitofaPickle

I don't think I posted this properly it has gone back into the text.

Is there a different way to request the information when I am sending £5.

Do I still use the Data Protection Act subject line?

Do I change this

Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998.
In particular, I require a complete list of transactions and charges relating to my history with your organisation.
Alternatively, a complete set of statements will be acceptable.

TO - Please send a list of penalty charges?

CAG dates seem to have slipped by one, so that the sequence of postings has become psychedelic.

Yes, I think your amended text would avoid another unnecessary exchange of letters.

Write to ARc and tell them that demanding full payment when they know you cannot afford it is unfair under rule 2.6(f) of the OFT guidelines on debt collection, threatening you with soilicitors is unfair under rules 2.6(g) and (i), facts that you will report to the OFT if they continue or indeed if they try any other scheme contrary to the guidance.

Have you done an income and expenditure statement? Have you other creditors? If so, you probably need to get help with all your debts at the same time. Have a look on the debt forum. Perhaps it might also be worth talking to CAB.

The agreement should have the signature on the same side as the terms but it does have the prescribed terms and signatures - i am sure a court would deem it enforceable.

If you have other debts, you shouldn't be dealing with ARC individually as they will push and push for you to increase payments to a level you can't afford.

My advice would be to go to CAB. THey can help you set up a similar arrangement to what you had with CCCS that won't cost anything. Once it is set up, ARC will not be allowed to hassel you.

Thank you, but I'd like to deal with these myself if I can, from reading around it may be possible there may also be a problem with the CCA as they signed before I did. Just trying to collate information and the best response for writing back to the DCA.

I don't think that matters - as far as I can see, the CCA 1974 says it has to be signed and has to have certain terms on it, that's all. The agreement you posted has everything it should have. I think you are clutching at straws if you think you are going to be able to show it is unenforceable just because of the signature dates. I think a court would find that the agreement is enforceable.

My main concern is that you should not deal with ARC in isolation from other debts, especially as they are a non-priority debt. If you have mortgage, rent, council tax or hire purchase arrears, these take priority, in that order. Egg comes way down the list (probably the reason they employ the likes of ARC to try and get a bit more than their 'share' of the cake).

I appreciate the feeling you want to do it on your own. If you haven't done one recently, do an income and expenditure statement and send it to all your creditors. Get hold of a copy of the excellent "Dealing with your debts" from National Debtline. You can call them on 0808 808 4000.

I had a Revenue debt but paid that off just before Christmas, everything outstanding are credit cards and loans. I stopped paying them all (4) as I could not afford the £5 pm that CCCS needed. At the moment Egg/Arc and First Direct/Cohen are the only ones to have contacted me.
I reveive IS and could barely afford £1 a month to each of them.

In that case, do an up-to-date income and expenditure statement and send it with a covering letter to all 4 creditors with an offer of a minimum payment to each. I think you must offer something even if it is only £1 /month - your statement of I & E will show you can afford no more. They should accept as they wouldn't do any better by taking you to court.