Thread: Advice please - egg

I have been making payments to DLC :twisted: for the last few months on an Egg Credit card. Only recently (19th March) did I get round to putting the thing into dispute with a CCA request (its quite an old card - must be at least 5 years - so if its like some of the others on here they might struggle). This morning - like 15 minutes ago - the phone goes off and its one of the nice :twisted: ladies at DLC looking for even more money. I told her I had put the account into dispute, but got a whole load of stuff about how this didnt matter, I needed to set up an arrangement and they would put a charge on my house if they put it into litigatioin (whether they know I own my house or not).
Couple of questions
1. on the basis that I have made a CCA request, but the 12+2 days havent passed - be end of next week before that - was I right that they had no right to phone me (obviously, their "client hasnt informed us of this" - they havent sent me a DCA either)
2. I made payments to this bunch on the basis that anything I did pay went to reduce the debt - I was assured of this during a phone conversation. How likely is it that this right?

The account isn't in dispute because you have asked for a copy of your agreement unfortunately. The request, when it has gone past the 12+2 days and no CCA, is then in default, and the debt becomes unenforceable until they provide it you.

Once the CCA turns up you then look at the agreement to see if it is a) properly executed and b) enforceable.

If there is a problem with it then you place the whole account in dispute and outline your reasons.


Whether or not your money paid off any of the debt is up to them-they have been known to say anything in order to obtain money, but it is reasonable to assume it did.

Until they are past the 12+2 days they are not in default of your request.

Hi seriously fed up

Just my understanding of DLC and their charging order, The charging order cannot be done until you have been to court and they have got a CCJ against you, and then only if you default on that CCJ. but they can get an interim charging order on your property which means that if you try to sell or remortgage then they would be informed by probably the land registry or someone like. Then they would attempt to get their hands on all that they are owed.
But if the debt is only in 1 persons name and 2 people share the proceeds of the sale of the property then any equity that exists after paying off the original mortgage is divided in 2 and they can only use the debtors half to clear the debt, but you should point out to them if you owe other monies to creditors they would also be informed that DLC were looking for a charging order, so DLC would still only get their pro-rata share of the money. Tell DLC that you are happy infact look forward to going to court and that the offer to the courts will be the same as you are paying now and 90% chance that it will be acceptable to the courts, and then it is set in stone so to speak.
If I am wrong on any of the above points I am sure someone with more understanding of them will come forward and correct me.

Whatever you do don't let DLC walkover you, The people who work there are probably in as much debt as the rest of us, but can pay theirs because they leech their bonuses from us.
Jim

I was contacted by DLC a few weeks ago for Egg cc, they came on a bit strong to begin with, charging orders etc. Just pointed out I was in dispute with egg over the debt. Week later they handed it back to egg. Now I am dealing with arc, just remember you are not the first to go through this and it is pretty formulaic (don't Know if there is such a word but there should be)
Just keep posting and somebody will have been there already and will give advice.

Like he said stand your ground and they will back down

cds

Hi seriously fed up
Just a couple of points that you may not be aware of, DLC or DCAs in general are information squeezers, They will ask pointed questions are invasive ones. When talking to them on the phone (if you really want to) take your time in answering and if the question is not relevant to your making a payment or such you do not need to answer it. Questions about where your money comes from or who is on the mortgage, or how do you buy food or pay other bills or anything like these questions Just do not answer because before you know it you will have given them information that you didn't intend to, just change the topic or say sorry don't understand your questioning and goodbye.
hope it helps a bit
Jim

Thanks a lot to everyone who took the trouble to reply. Your advice - and support - are very welcome.
Lollipop, about "account in dispute", I realised at the time that I was trying it on (but then so did the DLC lady, whose response was "well our client hasnt told us anything about this" - how is that my problem, please?), but, the request was made on 17/3, so assuming they dont come up with anything (and it is an old card - I would guess at least six years ago, perhaps longer), it will go into default on Tuesday.I guess if they do come up with the goods then I will just have to comply, but right now, "the jury is still out". Anyhow, they are sending me a letter "stating their position" (it was quite interesting the way she suddenly stopped pushing - was like someone had been listening and told her just to leave it).
It was actually quite a day. Got a letter about an HBOS card which has been bought up by Apex. I queried the CCA on this on 27th of February, and got a letter from Apex on 5/3 saying they had asked HBOS for a copy and they would get in touch when they received this. After this I heard nothing until last Thursday (26/3) when I got a phone call to say that they had got my letter of 27/2 and had asked HBOS for a copy I told the guy I knew this as they had written to me on 5/3 (ie three weeks ago) and as far as I was concerned they had defaulted on my request and the account was now in dispute. Guess what arrived in today's post? No not the CCA. Instead a letter from Apex saying that i have failed to maintain the payment arrangement that I had with them and threatening all kinds of consequences if I didnt pay up. So they got another letter asking for the CCA and pointing out that until they do, they really shouldnt be doing this. But does one hand not know what the other one is doing? No dont answer that. Plainly not.

Back in March 19th I made a CCA request to Egg. I have this morning received a letter from them

1. acknowledging the request
2. before they will proceed with the request they say they require "an identification document" which can be

• my original request with a valid signature; OR
• some other identification (an original not a copy) such as a bank of building society statement (though not an Egg account); or a stored card bill; or a utility bill; OR
• a letter from my employer or my solicitor confirming my identity

Now I could probably do any of these, but

1. following the excellent advice here about signing nothing, I dont intend to do that; nor
2. do I intend embarrassing myself with either my employer or my solicitor

But I dont get the statement/ utility bill thing. Can someone explain why they might be fishing in that pool?
In any event, I dont think they are entitled to impose this requirement and I am inclined to tell them to get lost and that the account is now in dispute, and they are in default. Am I right?

you could try this


RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2007 the contents of which are noted

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S78 request.

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours faithfully,



regards cds

I have these nice people at ARC chasing me on behalf of the even nicer Eggy people. Anything that Egg have produced in reply to a CCA request is defective (for instance - and just ONE example - usual "Approved limit" thing) and I have advised them that I consider the account is not enforceable. However, that doesnt seem to have deterred them as I have had the Trevor Munn "we are taking you to court in 10 days unless you cough up" letter. I am planning to respond to this by pointing out in detail to them (yet again) the problems with their paperwork that make the account unenforceable. However, the threat is to raise the action at Northampton county court (I believe because this will allow them to raise the action online), BUT I live in Scotland (and always have done). Does Norhampton CC have jurisdiction, or can I point out to them that as well as abusing legal process, the court they are threatening me with lacks jurisdiction to hear the case?
Even a yes or a no would be appreciated. Thanks

Thank you Maroondevo and also Ida in Fife.
You have no idea how much pleasure I will take in advising them of this - in addition to reminding them of the other problems with their "claim"

Thanks for that and I will use that IF they do actually bring the action threatened - for this saga see http://www.consumeractiongroup.co.uk...nforcable.html

You recently quoted on my Egg thread (see link below) you seem to be slightly ahead on me and wanted to know whats the latest on your requests, I'm peeking round the corner to see whats coming my way!!!

http://www.consumeractiongroup.c o.uk/forum/egg/200752-egg-cca-new-post.html

IF THEY FOLLOW THE SAME PATH AS WITH ME, you will get a letter from ARC threatening to send your papers through to their Legal Dept (who is the legendary - on this site anyway - Trevor Munn), and perhaps a phone call to tell you this letter is on its way (they did this to me at 8.30 on a Saturday morning and when asked why, they said they were "under an obligation" to do this which is of course a load of mince but it shakes you up and spoils your Saturday ).
You will then get two threatograms from Trevor

1. the first will tell you that documentation will be prepared (on the instructions of his clients - ARC - acting on behalf of Egg Banking) for an action to be brought against you for the money they allege you owe Egg Banking - unless you phone up and cough up
2. the second will tell you the these documents are being prepared to bring an action against you for the recovery of ......

I suppose the first is saying that "we will hit you", the second is saying "we are about to hit you". Whether they will try or not, I have yet to find out.
The problem that Trevor has with this - and I have pointed it out to him twice now - is that

1. the CCA that Egg have sent me (twice!), which I have argued (as you will see in the thread) is unenforceable for at least three reasons,
2. they propose to raise the action in Northampton county court. Trevor does this because he can file the action online so its nice and convenient for him. His problem is that I LIVE IN SCOTLAND and the Civil Jurisdiction Act 1982 requires that if they want to take action against me they have to do this at my local court - which most certainly is NOT Northampton (nor anywhere in England). How difficult is "Trevor, Northampton doesnt have jurisdiction"?

If he proceeds with the action at Northampton, I will obviously file a defence which refers to the duff CCA, but which will begin with the jurisdiction issue and that this has been pointed out to Trevor - as well as to ARC - but that they have proceeded with the action regardless (I mean, they have my post code - its a simple matter of geography ffs). At that stage, I will seek to extract from these incompetent bar stewards every last penny that I am able to, because, if for no other reason, they have harassed me in this way (and also to encourage them to do O level Geography, and maybe History as well!).

I have been going down the "Approved limit" = no enforceable agreement route with Egg and have seen off DLC and ARC. It looks as if ARC have sent it back to Egg as I got a letter from them four weeks ago to say that they were "looking at my complaint and would get back to me with an answer within another four weeks". Today - remarkably four weeks later - another letter has come in saying that they they have, as yet, "been unable to make a decision" on my complaint.
I am aware of the "test cases" that will shortly go ahead on this matter - Cardiff and Manchester? - but

1. living in Scotland, they wouldnt apply directly to me,though I suppose they would be some kind of guidance
2. I rather get the feeling that they are playing for time - hoping to win the test cases and then putting the squeeze on
3. I might soon be in a position to make them some kind of F&F

So what I was hoping was for some wise person(s) to offer their thoughts on what I might do. I can either

• sit it out - after all IF Egg did lose the cases at Cardiff and Manchester, it would strengthen my hand (a lot of hands!)
• say "look, we are in dispute over this matter, here's x% (maybe 10) as a settlement and we can end it here and now"

Thoughts will be much appreciated

No real help to offer im afraid but subbing as interested in the test cases

I have been pursuing Egg for a wee bit now for return of charges, which with interest now amount to over £1100. What they have offered is the £4 difference between £20 and £16 (where they have charged £20) - which amounts to £56. As you can imagine this is not acceptable to me.

I would very much appreciate some views/ advice on what the best option to follow is. It seems to me that the options open to me are

1. give up and accept the offered £56 - no not an option
2. do as they suggest and contact the fos. But I am kind of prejudiced against this, as they have suggested it. Does anyone have any experience of the FOS in this kind of case?
3. make a claim on Egg in my local court (in Scotland).

In fact I have the papers prepared to do this already, because I wrote to them on the 27th of September (enclosing a copy of draft small claim papers in the official form) offering them a deal that I wont pursue the claim for charges if they write off my debt (I have an "approved limit" agreement with them, with other attendant flaws). Today's letter from them was dated the 1st October, so its quite possible the two crossed. So I will probably leave it for a bit - couple of weeks - does that seem reasonable? But if they reject this offer, or (more likely) I just dont hear from them, should I go through FoS, or use the Scottish small claims system?