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Will post the stuff relating to this later tonight when have more time. In the interim, We recieved this today in the post and would appreciate peoples comments
Egg Banking plc.
Citigroup Centre,
Canada Square,
London
E14 5LB.
Dear Sir/Madam
Re:− Account/Reference Number
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
We look forward to hearing from you.
Yours faithfully
There was NO RESPONSE to this letter:
Here is my 2nd Letter to EGG:
2nd February 2009
Egg Card Services
Riverside Road
Pride Park
Derby
DE99 3GG
Dear Sir/Madam
Account/Reference Number
Re: my request under the Consumer Credit Act 1974
I wrote to you via recorded delivery on 14th January 2009 requesting a true copy of my Credit Card Agreement with you under the Consumer Credit Act 1974. To date this request has not been fulfilled. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter dated 14th January 2009.
Unfortunately, it would appear my request remains outstanding. As no response has been sent following my request I am unable to ascertain if I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.
I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until 28th January 2009 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, or administer any further charges to the account. Additionally, you are not entitled to register any information regarding this account with any credit reference agency.
To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office
In summary. I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.
Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
I look forward to your reply.
Yours faithfully
Response from EGG:
We then recieved this letter:
I have been getting somewhere around 4 or 5 calls a day from EGG - none answered
Then as posted above - This letter:
Anybody offer any help on where to go from here?
I assume they cannot visit my property without either an invite or a warant
Well, I know Egg are pretty stupid, but what on earth is a "specialist customer contact company"? Are they better at picking up a phone and dialling a number or something?
Have you been defaulted on this account yet? Sadly, credit ratings is something we have to think about as they tend to trash your credit rating even with an unenforceable agreement.
Am getting a little scared about it all and being to wonder if it is theright thing to do
Scared is what they want.
You have to separate being scared from what you want to achieve on this account.
Have you read the two threads that I gave you links to?
If you decide you are challenging them on the basis identified in those threads, have you sent a letter telling them that the account is in dispute and why?
They have now defaulted you. This is something that I asked you about in my post #5 on 12th March.
A default means that they have terminated the agreement, which they are entitled under the CCA 1974. This will be reported on your credit files, where it will remain for 6 years.
Now they are asking for the full amount, rather than the regular payments in the original agreement. Again, this is what normally happens in this situation.
But in reality you would now, if you decided you want to pay them, have to agree an affordable monthly payment plan with them. This is something they are obliged to agree with you, they cannot just demand it all now if you can't afford it.
I would stress that neither Egg nor any debt collectors have any legal right to take any of your property without a court order.
Even if you are taken to court and lose, a payment plan would be decided by the Court.
That is why Egg are obliged to agree a payment plan now, not just try and recover the full amount. There is no point in them taking you to court just to achieve the same outcome - a payment plan.
The main weapon of debt collectors is fear - this they are already trying on your wife by the sounds of things.
----
Now, separate to all of the above standard procedures is the point about whether the alleged debt is actually enforceable or not, and whether you decide to challenge this and pay nothing.
I suggest, again, that you read the threads that I have linked to in post #5 above.
If you are going to stand up to them then it has to be your own decision (or you wife's decision if the account is in her name) and you will need to be informed before you make the decision. It will also mean you need to stand up to the phone calls, even home visits, threats of legal action, etc.
are they still ringing you if they are log on and change you phone number did mine the other week and it took a couple of days to register but not had a call since
Getting quite serious now and need some reassurance that we are still travelling the correct road with no fear of being caught out for not following the correct process
When you are unused to the process it is very unnerving so I do understand, and you aren't alone.
Have you decided what it is you are hoping to acheive?
Do you want a payment arrangement that you can afford? If so there are letter templates here which can help you in dealing with the creditors http://www.consumeractiongroup.co.uk...templates.html you will need to have a serious look at your finances before you make an offer.
If you are disputing your agreement on the grounds of unenforceability then you can spend your time better reading the links given in an earlier post, than worrying. It is easy to say but not so easy to do, but you are not alone, I have done it.
You do not have to discuss this matter with anyone over the phone, and without a court order-which is a way off yet, you do not have to deal with anyone on your doorstep, but you MUST do something-have you sent a letter disputing the account yet?
If you are disputing the agreement then pt's win should offer you reassurance.
Thanks for taking the time to answer my post.
This thread is as up to date as it can be. Everything that has been sent/recieved is posted on this thread
Am certain at some point i have disputed the account as unenforceable - would appreciate confirmation of this from somebody please
When you are unused to the process it is very unnerving so I do understand, and you aren't alone.
Have you decided what it is you are hoping to acheive?
Do you want a payment arrangement that you can afford? If so there are letter templates here which can help you in dealing with the creditors http://www.consumeractiongroup.co.uk...templates.html you will need to have a serious look at your finances before you make an offer.
If you are disputing your agreement on the grounds of unenforceability then you can spend your time better reading the links given in an earlier post, than worrying. It is easy to say but not so easy to do, but you are not alone, I have done it.
You do not have to discuss this matter with anyone over the phone, and without a court order-which is a way off yet, you do not have to deal with anyone on your doorstep, but you MUST do something-have you sent a letter disputing the account yet?
If you are disputing the agreement then pt's win should offer you reassurance.
Do i reply to this or continue to ignore these letters
Is it time to approach somebody to take this on for me on a no win no fee basis to ensure the correct processes are carried out
Did you decide which way you wanted to go with this-ie pay them a reduced figure or the full dispute?
When you say you are certain you have disputed the account-I presume that would mean you haven't kept records eg copies of letters and receipts of special delivery? Because if you haven't then Egg will simply deny having received your account in dispute letter-they have done so with me AND I have proof they received it (cheeky blighters!).
R V's EGG
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Originally Posted by craigers
