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I am new to this forum and could really do with some advice please. i have had my Egg card since 2003. it has been passed to various DCA's and is now with a solicitor acting on their behalf. I am on a dmp with cccs who wre paying Egg direct every month. I moved house 2 years ago and around 5 months ago i recieved a letter from Egg's solictors stating that a county court judgement had been filed and i was now ordered to pay the outstanding amount plus costs as i had paid nothing into the account nor responded to any of their letters or phone calls. I immediately contacted then to say that I couldn't possibly have responded to them as they had sent all the details to my old address. They responded by stating that the onus was on me to inform them of my house move. I replied stating that i had indeed informed them but as my account was being paid by cccs (wo also had my contatct details) there was no need for them to contact me or issue court proceedings. After letters back and forth with me sending receipts from cccs to them proving my payments had been made they accepted that i wasn't liable although they have said that the ccj will still remain on my file.
OK to my second problem - I have put in a request for charges on the account to be returned to me. They have basically said that i can have most of the money which i have requested but rather than them reducing my balance (which does not match the amount estimated by cccs) they are demanding that i pay them the remainder of the balance in full within 28 days or they will take enforcement action.
I believe that my cca will be unenforceable after reading this forum but i am still unsure as to what to do now. Sorry for the mad rambling post. I hope it makes sense - can someone please help me?
It would seem to me that the best thing to do in the first instance is to get a copy of your agreement from them. If its like the rest of those that Egg were sending out at that time, there will almost certainly be reasons to dispute its enforcability - approved, not credit, limit; egg card for, not credit card; etc. I always recommend starting with pt2537's excellent post which you can find here http://www.consumeractiongroup.co.uk...ml#post2024413. But the first thing to do is to get a letter in the post. You might want to go down the CCA s77 route, or you might want to go down the Subject access request route. The advantage of the latter is that they have to give you everything and they have to be originals (or copies of originals). The disadvantage of the former is that they can send you a true copy of the original agreement which can lack your sig. In my experience, though, faced with a S77 request Egg tend to send a copy of the original agreement with your sig on it, and it only costs a pound rather than the ten pounds for a SAR. If you go for a CCA, you can send letter 8, which you will find here The Consumer Forums - debt collectors.
When that comes back - and its very unlikely to be by return of post (sarcasm btw) - you will need to send an account in dispute letter. Its letter 9 on the above link - but it will need to be seriously adapted for Egg purposes.
I know its easy for me to say, but I wouldnt worry too much about their threat of legal action. The proportion of threats to actually taking action must be pretty high (ie they say it a lot but do it a lot less often). Its a way of getting you to pay up. Also it does seem a particularly nasty response to a legitimate request for the refund of fees that they have imposed on you unlawfully.
In any event, it would seem to me that you could put up a decent defence
you have been paying an agreed token sum to them. The fact that there was a problem was their maladministration (I will come back to that in a moment)
having examined my own agreement with them (almost contemporary), it looks to me as if they can only require repayment in full if you die/ become bankrupt or legally insolvent/ "repeatedly fail to comply with your obligations to them. I wouldnt have thought any of those - especially the first - applies to you. The last - repeatedly fail etc - is the most contentious, given previous events. You could argue that the problem of non-payment was down to their maladministration, as I have said. The only problem might be that you are only paying a token amount and not what is required under the agreement. But as they will have agreed to this lower amount, I dont think they would succeed.
As for the CCJ, I would apply for a set aside as the court papers were sent to the wrong address, and in any case they accept that a mistake has been made. And they want the CCJ to stand Unfortunately, you will have to apply for the set aside. But get hold of your agreement first. I think that is the priority.
Thankyou so much for that seriously fed up. I will get the letter in the post today. I only need the cca as i have the other info re charges etc when i applied to get them refunded. They truly are a nightmare company and i would take great pleasure in getting one over on them
I'll keep you posted.
Egg - Help needed urgently
card since 2003. it has been passed to various DCA
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- applies to you. The last - repeatedly fail etc - is the most contentious, given previous events. You could argue that the problem of non-payment was down to their maladministration, as I have said. The only problem might be that you are only paying a token amount and not what is required under the agreement. But as they will have agreed to this lower amount, I dont think they would succeed.
