Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
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  1. #1
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    Default Egg Loan and Me (hello!)

    Hi all, this is my introduction to this forum so please be gentle! Just thought I'd try and explain what I'm going through right now and see if you can help me.
    Mods are welcome to delete or amend this if you feel I'm giving out too much info.

    About 10 years ago I got my first crediticon card and promptly maxed it out. Got a few more over the years, transferred various balances, consolidated them into loans, fell behind with those, got a bailout from the Bank of Dad (and a bollocking!) and am slowly paying off the rest.

    Right now I have a credit card near maxed out but no real problems paying the minimum. Have applied for a CCA from them.
    Current account has a £500 overdrafticon which I can't seem to clear so am paying minor fees for that (£3 per month). Not chasing this.

    This Eggicon Loan was a top-up of a previous loan and has now been defaulted for about 5 years during which I've paid a small agreed amount each month. 2 months ago they got in touch for the first time in years wanting more money. Seems that somebody took charge of their defaultees section and decided I deserved more agressive chasing.
    Although I can just pay a bit more I'm not wild about it having recently been made aware of the possibility that the agreement may not be enforceable and that the Payment Protection may have been wrongly sold or added on.
    I CCA'd them and got told they needed my signatureicon for them to give out the information, this in the same week they sent me a statement for the account. I've sent a letter back querying that (see other thread) and am now waiting for their next move.

    I suppose I'm hoping to prove the agreement is unenforcable and not have to pay back the remaining amount.


  2. #2
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    Default Re: Egg Loan and Me (hello!)

    Write and ask them which section of the CCA 1974 says you must provide a signatureicon before they comply with a statutory request. Remind them that they have 12 days to comply with a stautory request. If they do not comply in this time, they are in default and they must not undertake any collection activities. If the default continues for more than a month, they commit an offence.

    At the same time, start a claim for any unlawful charges (late payment cahrges) and mis-sold PPIicon - prelim letter, letter before actionicon, court.

    Steven

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    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.

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  3. #3
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    Default Re: Egg Loan and Me (hello!)

    Thanks Steven, I did point out to them a signatureicon was not required under the CCA 1974. If I haven't got the documents from them by the 25th March I will stop the DD going out and write to tell them why. Pretty sure there's a template out there to guide me.

    Good point regarding the payment charges. I'm sure they did that several times before I started getting things straight. I'll dig out the old statement and check the details tomorrow.


  4. #4
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    Default Re: Egg Loan and Me (hello!)

    Still waiting for a response for my Eggicon Loan CCA request. I'm now preparing a letter asking again for this and explaining that I am stopping payments until I receive the documents requested.
    The loan account is in default so I can't see this action damaging my credit record!


  5. #5
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    Default Re: Egg Loan and Me (hello!)

    If you feel I have helped please tickle my scales


    MBNA - Ongoing
    Egg Loan - Ongoing

  6. #6
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    Default Re: Egg Loan and Me (hello!)

    Hi Nick,


    In my request I also didn't sign it but I included a copy of my drivers licence ( with the sig blanked out) and a utility bill. I got the agreement back fine no arguments.

    Pity for them the agreement is far from fine, so hang tough Nick, you aren't the first person to get themselves into trouble moneywise-you haven't bashed an old lady over the head and nicked their pension book. You aren't a criminal, just hard up like the rest of us are. You won't get a hard time here I absolutely promise you-everyone here is in the same or similar situation and we all help each other out.

    Keep the faith, you'll be fine in the end.


  7. #7
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    Default Re: Egg Loan and Me (hello!)

    Well, they haven't sent the agreement so I wrote to them last week basically saying that until I get a copy of the agreement I'm not paying any more money.

    Must say that having that extra £100 will go nicely to sorting out the credit card! That actually raises another point: IF the agreement is somehow legal, how soon do I have to resume payments?

    I also need to find a way to scan and edit the paperwork so I can place it online. Got any good tips on this?


  8. #8
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    Default Re: Egg Loan and Me (hello!)

    Surprise! The loan agreement and T&Cs finally arrived. I will scan and post them soon. Should they have sent statements too?

    Considering I told them I am disputing the account based on the lack of documents and stopped the payment, how do I stand now I have the documents? How long do I have until I am legally required to resume payments or take further action?


  9. #9
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    Default Re: Egg Loan and Me (hello!)

    I would say, when the next payment is due

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

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    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
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  10. #10
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    Default Re: Egg Loan and Me (hello!)

    are they enforcable?


  11. #11
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    Default Re: Egg Loan and Me (hello!)

    And, if you still have the default notice, you might want to check that it is valid.

    And have you been getting Arrears Notices since October. If you have, check they got them right too. They were having problems, I am led to believe.


  12. #12
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    Default Re: Egg Loan and Me (hello!)

    I will put up the Default Notice which dates back to 2003 IIRC when I get the scanner sorted. Didn't know that could matter too.

    As for enforceability, I have little idea what to look for. I may start an SARicon soon.


  13. #13
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    Default Re: Egg Loan and Me (hello!)

    Get the agreement minus personal details posted up so people can check.


  14. #14
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    Default Re: Egg Loan and Me (hello!)

    Yes NIck-definitely get the agreement up here minus personal details.


    If we can, we will rip it to bits.


  15. #15
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    Default Re: Egg Loan and Me (hello!)

    I've put all the bank documents in a PhotoBucket album. Hope you can read them cos it's the first time I've used my scanner in years!

















  16. #16
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    Default Re: Egg Loan and Me (hello!)

    Again, this looks enforceable. The prescribed terms are all there.

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  17. #17
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    Default Re: Egg Loan and Me (hello!)

    Isn't there a possible multiple agreements issue because the PPIicon has not been properly separated out?

    I wouldn't mind seeing the Default Notice to check it.

    Have you had an Arrears Notice in the last few months? If you did, did you get one and then a "corrected" one?


  18. #18
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    Default Re: Egg Loan and Me (hello!)

    PPIicon etc., is not my strong point, so I can't comment

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  19. #19
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    Default Re: Egg Loan and Me (hello!)

    Time for an SARicon, methinks. Do you think I'm legally OK to withhold payment until that comes through as it sounds like it could be a few weeks yet?

    Wondering now if I should arrange for an expert to review the SARicon when it arrives to be certain. Think I might phone a few local solicitors to see what they charge and if they can help.


  20. #20
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    Default Re: Egg Loan and Me (hello!)

    There is a school of thought that says that the fact that PPIicon is a different sort of loan to the rest (it is restricted-use, debtor-creditor-supplier wherreas the remainder is unrestricted-use, debtor-creditor) and that makes it fall under s18 of the CCA 1974. However, not everyone agrees that this makes a difference. I think it does, but the issue has not been tested in court AFAIK

    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
    Brighthouse Won unconditionally August 2007
    Goldfish Won 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.


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