Thread: Egg/DLC credit card debt

Hello to everyone,
I have spent a couple of weeks reading posts on this fantastic site, learned a lot and got confused lots also, struggling to navigate the forum, couldn't find where to say hello.
Finally I joined last week.
I need help from the members if possible, I owe to several credit cards lots of money. All was sort of OK when I was working but with health problems on and off over last few years and now the credit crunch putting paid to my self employed work, I have found myself unable to pay the cards.
Not paid since October 08, approached CAB they are helping by sending letters to make reduced payment offers.
But Egg/DLC will not accept the small offer. Have received lots of letters/calls/threats from dlc now they are saying that they will apply for a county court judgement then a charging order on my share of the equity in our property. Whilst I understand their need to do this I will with your help ask for copies of my credit aggreement etc to see if it is OK, or if it is unenforcable.
I have had the egg card for many years 199? done online but I seem to remember that I may have had to finish off over the telephone. There was PPI on this card (don't know if I requested it or not or if it was a requirement to get the card) from the begining until I cancelled it 2006.

Now can someone please point me in the right direction as to which letter to send is it to cca them or S.A.R them and do I send to Egg or DLC? and which name to put on the postal order, Please can you help.

I should point out that all my card companies have issued default notices.


Off the subject of Egg
Mint have accepted reduced payments for 6 months
Cap1 accepted for 12 months
others still waiting.

HSBC flat refusal, but the worry is that I also have a joint account with my wife at HSBC are they able to take money from the current account to pay credit card, I have never had a dd for the card on this account.

Sorry about the size of my first post, but it is still very brief to how bad things seem.


Jim Pike

HSBC will take money from your current account to pay your credit, I know that from experience.

Try the co-op for a parachute account, get your cca request in quick to Egg
if its that old a card I think you may be pleasantly surprised.

best of luck

cds

Hi Mistermind
Thanks for your help, I have already verbally notified DLC that I will make my other creditors aware of the charging order. I now refuse to speak to DLC on the phone I refuse to do the identity check and tell them to speak with the CAB or write to me.

Regarding cancelling PPI It was done after a couple of phone calls to them regarding how to claim as I was waiting for a date for major surgery. I was told that I was self employed and could not claim, I was self employed when I applied for the card. Until this last 2 weeks I had no knowledge of being able to make claims, or in fact ask creditors for credit agreements etc.

Should I cca first or go straight for S.A.R

many thanks
Jim

Hi cds
Thanks for your reply, I will see if I can get something sorted asap all the money that is going in is my wifes benefits.
With a view to me having the card so long I hope you are right and I get some good news, I know it is wrong to not want to repay debts, but they have had more than their share in interest over the years.
Cheers
Jim

Hi Mistermind
Thanks for your reply, I have looked at the last item in the victory over Egg link you sent, it makes for interesting reading but long drawn out job. It wasn't my intention initially to try to claim PPI miss-selling just found CAG and was amazed at the amount of people in similar situations to me and their own personal battles to try to resolve these problems. The fact that some are unenforcable is what I am looking for, maybe I will be lucky maybe not, but it is no good sitting and doing nothing, I have no knowledge just plenty of time at present.
I am going to send my cca request off using the template letter (if I can find it again) and send £1 postal order, using the advice on here i will not give them my signature only typewritten name. Would I have to send the cca to Egg or DLC this is the first bit I am not sure on.
Cheers
Jim Pike

Thanks Mistermind, I will send to Egg, Once I have my cca I may look to see what else I can do. All depends on how bogged down I get with other creditors. I appreciate all input into my lack of financial ability.

My case worker summed it up when he said
" It's just debt, only money and it is not your fault"
my reply was " but no one else spent on my cards"
To which he said " It was their choice to give you the cards"

Many thanks
Jim Pike

Sent cca request to Egg today.

Then went to Barclay's to open new bank account. It will be a card account no cheque book, just a visa card. That's fine just need to have an escape route, should be open in a couple of weeks. I put my hands up to the defaults on my credit record but the guy at the bank said that is the sort of thing the card account is for and they don't count on your credit score.
Cheers
Jim Pike

Hi All
Finally I have my cca from Egg, it's the usual approved limit one. The t&c s look to be from the same time period (year 2000) as they make note of £20 charge for each month you go over the individual limit or payments returned. also they mention in section 1.3 the (Approved Limit).
Interesting is the fact that on the cca there is no mention of the PPI that was allocated to my account from day 1. allthough I have cancelled this ppi in 2006 and mistermind said:
PPI refund - this will be difficult, as you terminated PPI in 2006 without claiming for refund then over PPI mis-selling.

I look at it this way I have nothing to lose by trying especially if the ppi should have been on the same page as cca, does anyone know if the ppi instruction should be on the cca? and how do I get a copy of the mentioned ppi instruction from egg as cca request stated they should send anything relevent to the cca?

here is my cca if you guys would please take a look, it's not very clear but that is how it was received from egg.
many thanks Jim
EGG cca first page CLEANED.pdf

EGG cca second page CLEANED.pdf

Any comments anyone,
Please
Thanks in advance
jim

Is spamming allowed on this forum ???

Hi basa48
Just read the post from shazadali is this a load of rubbish? just someone else trying to get money from those without any money? or have we all won the lottery
Cheers
Jim Pike

Originally Posted by Jim Pike

Hi basa48
Just read the post from shazadali is this a load of rubbish? just someone else trying to get money from those without any money? or have we all won the lottery
Cheers
Jim Pike

A load of rubbish. I don't know what the [problem] is but I'd bet only he would benefit.

Over a year ago, I was issued a default for my Egg card. This was then sent to DLC. I was under the impression the account had been sold to DLC, however since getting EGG statements it seems they are just acting on behalf of EGG.
--------
george
Credit Card Debt

Hi Jim

Welcome to CAG. I wish you the very best of luck in getting everything sorted.

I can tell you that my friend has an Egg Card agreement from 2002 which has a section in it called "Your Repayment Protection".

Now, it is possible that Egg realised their mistake somewhere between 2000 and 2002 and added the section in.

But there is another explanation - which is that you never requested the PPI initially, and but they started charging it at a later date. For example by selling it to you over the telephone, which Egg have recently been fined for doing.

I would say you have a *potential* chance of not having to pay anything ever again on the Egg Card, because there are factors to think about if they ever took you to court:-

1. If you were self employed at the time the PPI was sold to you and could never have claimed, then this policy has never had any value to you. Mistermind's argument is true in many cases, but some would argue that if you have never been able to claim on the policy, then in fact you have never enjoyed the benefit of this at any point in time. Being self-employed puts you in a far stronger position with this kind of reclaim than somebody who is just saying, effectively, "I was tricked into buying something I didn't want" because it is a matter of fact, not opinion.

2. Penalty charges added onto the balance they say you now owe. These are generally believed to be unlawful and it is likely Egg will have to deduct these at some stage.

3. The agreement might be unenforceable.

Now, I don't know what your outstanding balance is, and how much points 1 and 2 would reduce it by (or whether Egg could potentially owe you something!) but bear in mind that their decision of whether or not to take you to court and try to obtain a CCJ will be partly a commercial decision of what they could get vs what it could cost them.

I'm sure you have read a few interesting cases already. I would recommend the following threads if you haven't seen them:-

http://www.consumeractiongroup.co.uk...r-egg-cca.html

http://www.consumeractiongroup.co.uk...ents-what.html

http://www.consumeractiongroup.co.uk...enges-egg.html

Don't forget that if DLC are just acting for Egg, if you send a similar dispute letter to the one we did in my friend's case (above) they will probably give up and pass the account back to Egg. This is probably a good thing.

Here is somebody being taken to court on one of these agreements:

http://www.consumeractiongroup.co.uk...rm-arived.html

A few people are trying to help superg - I think what this thread shows is that doing nothing is a bad idea.

Hope all of the above is helpful.

Hi Militantconsumer
Many thanks for taking the time to look at my thread, I do seem to recall having to do something with Egg by telephone. Something in the back of my mind seems to think the internet did not work properly at the time and I had to complete by telephone. other than that I can't remember signing for PPI and didn't know until a few weeks ago that claiming it back was possible, I was self employed at the time of obtaining the card, and on waiting for major surgery in 2006 I enquired about using the ppi (that I now knew existed on my card) to make a claim whilst of work to be told I could not because I was self employed and I think it would only be effective if I wound up my business and became a jobseeker. Finding this out I cancelled it in fact I had to cancel it twice.
I owe 10,000+ to egg (tut tut) so the ppi refund would only be tip of the iceberg but all helps anyway I were able to get a refund I would want the refund in the form of a cheque.
Could you possible point me in the direction of a template letter for disputing the ppi charges to egg, bearing in mind that I have received a barely legible cca with no mention of ppi.
I have sent another letter off to them asking that they fully comply with my request for credit agreement and any other paperwork needed to support this namely my agreement for ppi and the t&cs from same time period.
Should I try to go for all ppi refund or just the 6 year rule?
Cheers
Jim

I find that the Which? website has some useful general information on PPI reclaiming:
Payment protection insurance - Which? Campaigns
Not sure how good their templates are however.

There is also PPI Reclaiming Guide: Get £1,000s back on loan insurance... (great site, though their forum is not as helpful as the CAG one in my opinion).

You will find the letter that we sent to Egg to dispute the account in the "Militant Consumer challenges...." thead that I linked to in my last post. You are welcome to use that, adapting as necessary.

I should warn you that my friend's alleged balance is less than £1,000 - so Egg will doubtless put a bit more effort into chasing you than they have done with us so far.

The other thing you can do is complain to the Financial Ombudsman Service (fos). This is totally free and binding on Egg if you win (but not binding on you if you lose). Some people find it very frustrating that they take so long to look into complaints. But in theory Egg shouldn't be trying to recover the alleged debt from you in the meantime, so the delay could work in your favour.

Don't forget that a proper PPI refund should potentially include the contractual interest they have charged you on the premiums over the years, plus 8% court interest. It can add up to more than you think.

Thanks militantconsumer for all your great advice,
I have read supergirls thread ( bit of a worry but needs to be done, can't pay them anyway ) so I have to take them on. I will do some more reading and try to absorb all I read, then perhaps I will post here again before writing to Egg and disputing that I asked for PPI and disputing any debt to them.
Many thanks
jim