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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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Please can anyone help me on this one. Long before I found this fantastic site and knew I coiuld do this on my own I found a solicitor who agreed to take on Egg for me. It was a Egg credit card from 2000.
I have spoken to them recently for an update and been told that Egg did not send back a CCA to them and therefore they have sent a letter to Egg stating this and telling them the account is now in dispute etc.
They have also told me that they have applied to court for a date to get my credit card file closed. What does this mean and is it necessary???
I am not sure what they are doing as on rereading their paperwork it does ay they will take 30% of the balance they get written off or take nothing if it goes to court which obviously thias case has so they tell me.
Where then do they gain - do they keep any refunded charges or just get the "work" from taking it to court. I am not sure if I can pull out now and go it alone without having to pay them some money which is a shame.
THe normal for the industry is a CFA agreement which is basically the new name of the no win no fee agreement.
Can you also please tell me the name of the solicitor/claims company so I can find out what kind of outfit they are - whether they are doing things properly.
The thing is - they say that they take 30% of the balance written off, which means if you have a balance on the card of say 5k they are going to expect you to pay them 1500 when the case is closed. Do you 30% of your balance to give them,?
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
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thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Hi, Thanks for replying I signed it a few weeks ago now but it is a no win if it goes to court which they say it is doing. The thing is though I don't understand what the court bit is and they they need to take Egg to court if there is no signed CCA - they say its to get the debt completely written off. The company is called Khans in Rusholme, Manchester who I did not know about but my finance guy put me in touch with them saif they were great. Sue
Did your finance guy get a comission for doing so? if so he could be acting illegally.
My main question is what are they actually taking to court???
are they going to seek an injunction against the company to prevent them attempting to collect on the debt?
If so, and they are successful - where are their fees coming from???
Egg will not be responsible for them as there is no action against for damages. I can only come to the conclusion that if they win their case - they are going to be coming to you to ask for the 30% of the amount of the debt written off.
I would be interested to read the CFA that they have signed you up on.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
It is no win no fee and I have spoken to them today and they tell me they are taking Egg to court to get the court to rule that the debt is unenforceable as Egg so far have no repsonded at all. They sent the first letter in August asking for a signed CCA and nothing after 40 days. They also sent several chasing letters asking them what they are prepared to do. They tell me the court will be in favour of me the more letters they send and the more Egg does not respond to them. They say if I carry on paying its better when it goes to court as I have not defaulted and they also reckon as Egg have no CCA they will settle out of court anyway.
They still say I don't pay 30% if it goes to court. All still seems odd.
There is no contradiction in your solicitors saying they plan to take Egg to court, for which you need not pay their fees. Looks like Khans are THREATENING Egg to see them in court. Egg will not like a clear precedent established in court, that in circumstances such as yours, the judge will rule in favour of a writeoff. Tens of thousands of cardholders will follow you.
If Egg lawyers believe they will lose in court, then they will likely try to settle with you, possibly with last-minute brinkmanship and trying their damndest to ensure you sign a gagging clause. If Egg lawyers are not scared of court, then they probably believe the judge will side with them not you, in which case there will be no writeoff, so no 30% for Khans.
In the less probable scenario of actually finishing in court but managing an account balance writeoff, then you need to clarify your agreement with Khans. No fees to be paid to Khans for representing you in court, sure. But does the agreement say, 30% of successfully written-off balance for Khans regardless of whether achieved in court or out?
I doubt if your agreement says, if a court hearing materialised, then no 30% for Khans even in the case of success.
I still am interested as to how Khans are going to make their money.
where is this 30% coming from???
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
I still am interested as to how Khans are going to make their money.
where is this 30% coming from???
I am not sure what they are doing as on rereading their paperwork it does ay they will take 30% of the balance they get written off or take nothing if it goes to court which obviously thias case has so they tell me.
I take it from the above that,
instead of Sue owing Egg 100% of the balance outstanding as of now,
Sue will owe Egg nothing, but owe 30% of the balance to Khans for services rendered, i.e. it will be like a 70% writeoff, or a 30% settlement.
Khans will probably expect payment faster than Egg's 5% minimum monthly payment?
Hi, Just spoken to them again and they say I am now on a CFA ??? so whatever happens from now I will not pay anythinbg to Khans whatever the outcome. They say they take pot luck what happens after this as some go to court and some not so they are willing to take a chance on it. Still seems odd. I am taking Co-operative bank ex Northern Rock card on now but I am doing it alone as it seems so much easier than with a third party as I know I did not sign an agreement as it came as part of an old martgage account so here goes. The 12+2 was up yeaterday and nothing so seems good so far so sending 2nd letter today - wish me luck lol and thanks for all advice so far.
Get your CFA out and read it carefully.
they are a complex document so if there is anything you do not understand then please ask (I deal with CFA's on a daily basis)
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Egg Help Needed With Solicitor
for me. It was a Egg credit card from 2000.
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I signed it a few weeks ago now but it is a no win if it goes to court which they say it is doing. The thing is though I don't understand what the court bit is and they they need to take 
Originally Posted by flyingdoc
