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 cancelled PPI on my Egg loan in July, they refunded part of the ppi and credited it to my outstanding loan then recalculated payments.
However having checked my account on egg site i worked out that my current repayments over next 24 months means that i will overpay the loan by £287. I contacted egg for a Breakdown of my loan they sent me a statement with payments made and that i have remainder left to pay 24 payments of xxx which works out to over payment.
I also asked for confirmation of total charge for credit and total amount payable as i have never been told what they are but they refuse to give it to me.
Are they right in what they say? Can i do anything about it?
Send them a request "purusant to s78(1) of the Consumer Credit Act 1974" for the following:
1. a copy of the executed agreement
2. a signed statement showing:
(a) the state of the account,
(b) the amount, if any currently payable under the agreement and
(c) the amounts and due dates of any payments which, if you do not draw further on the account, will later become payable under the agreement
Point out that, under the CCA 1974, they have 12 days in which to comply.
They have to comply with this request. Let us know what youget back from them.
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I think it is 12 lapsed days from when they receive you request - so say 14 lapsed dys from when you posted it.
Steven
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My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
If you sent it on the 5th (Saturday) you need to allow two working days for it to get there, that takes you to the 8th. THey have 12 days to relpy but the 20th is Sunday. You need to wait at least till Monday before writing and telling them the account is in dispute and they must cease all collection activities until they remefy the dispute. If that takes them longer than a month them they commit an oofence under s78(6) of the CCA 1974.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Remind them that they had 12 days under the CCA 1974 which they have not complied with. Therefore the account is formmaly in dispute and under s78(6) they may not enforce it. That means they
- may not ask for payment
- may not add charges or interest
- may not pass information regarding the account to any third part incuding, but not lkimited to, CRAs
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Hi,
Sorry to sound so naive, but I had a look at my CRA report and Egg entered on there the total amount borrowed as xxxx which was loan amount and PPI but no interest. Is that correct, or should my CRA report have the total amount borrowed on it,- loan ppi plus interest.
You didn't borrow the interest - it was added to what you borrowed. I don't think you borrowed the PPI either for that matter. I'll check
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
If you are talking about a CCA request, they should answer in 12 days from your first request. After that, they have a month before they commit an offence under s77(4) of the Act.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Hi.
Sent CCA request on 7th Nov. 07(with £1). They sent copy of my agreement (same as i have seen on here) but no total charge for interest no T & C and no statement of account. Wrote to ask for T & C (original ones) and statement of account on 22nd Nov 07.
They sent me currant T & C (which was just a print off of what is on Egg site) but my agreement states that conditions 21 & 22(personel info.) was important before i signed, the T & C they sent only has 15 conditions on it, again wrote for original i heard nothing.
They did however send me a statement of how much i have pd and just the total of what was left to pay still no total charge for interest though.
Sent another letter on 5th Jan 08 asking for the info and another one on 21st Jan.
So do I give them 30 days from my last letter or from 5th Jan letter?
New to all this just finding my feet so sorry if it sounds confusing.
Can you post the agreement that they sent you on here (personal details removed, of course) so we can see it. Instructions on posting a document in 'CAG for dummies' if you don't know how.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Are these continuations of the same page, both sides of one page or two pages?
The first option is OK, the second dubious and the third in contravention of the CCA 1974.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
They were sent on two separate pages. They look like they are printed from a computer and they have written my account number on top. (I presume they did that coz agreement number is different)