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.
I have been paying £40 to Egg over for the last three years after they froze the interest and put me on a repayment plan. The 1400k I owe is from credit card and loans. The date on my CCA is 2005. Last June I moved house and they could not contact me to review the payment plan as they did every six months. As they could not get in contact with me, they referred the debt to 'Collect Direct' who are acting on their behalf. They debt still lies with Egg ( both Egg and CD have confirmed on the phone.
Last month I wrote to CD and asked for a copy of my CCA. At first, they did not respond and when I chased, they told me the letter did not turn up. As I sent the letter using recorded delivery, I was able to dispute prove they did in fact receive it. Once I spoke to them on the phone, the letter magically resurfaced and today I received my CCA. They have not sent a photcopy, just a crappy print out lacking any signature.
My concern is when this goes to court,( assuming they cannot provide a signed copy) will it be possible to say I do not acknowledge the debt if Egg can show I have been paying them the £40?
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: Egg CCA dispute problem
There are some issues with Egg agreements, but we really need to see it to point you in the right direction - can you scan/post the agreement up? Take a look at the new user guide to CAG in my signature if you're not sure how, following the instructions to upload via Photobucket, or other free online photo account.
What makes you think they will take Court action?
Is there charges applied to the Account? A DPA SAR might be necessary to see if there are/how much and whether you can challenge those, too.
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
I took out at least three loans as well as a credit card, the figure is the total owed.
Please excuse my ignorance, I am currently suffering from a pretty heavy depression, everything seems like such a chore at the moment. Doesnt help when you have bully boy collection agencies on your case.
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: Egg CCA dispute problem
Where is page one of the agreement that you posted?
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: Egg CCA dispute problem
This agreement looks enforceable to me
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
If have 4 different agreements then you must challenge each one individually.
One thing in your favour though is theier agreement to accept £40/month in respect of all of them; I trust you have the paperwork for that. You cannot theirfore be asked to pay more as this is what they have agreed to, inless you defaualted on that. this is because of 'estoppel' basicaly they have agreed a plan to repay and cannot go back on it.
But this isnt actually the correct agreement, is it? It is just a print out. Surely they should be sending a true copy?
Raydetinu - Sorry, I meant I took out three loans, the last two would have been to pay off the previous ones.
I have been continually paying them and have never defaulted.
I have no paperwork to hand, other than bank statements showing the payments have gone in.
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: Egg CCA dispute problem
No, because these are electronic agreements that comply with the CCA regulations
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
I am confused did you take out loans and Egg were quite cute at doing this to pay off your credit card balance ( they new the early ones were not enforceable so when people got into difficuty they oferred new loans that were airtight. Did you complete applications on line then, tick box etc. they are I believe airtight, cant challenge them.
Af for the true copies ( empasis copy not original ), they have to incorpoate all the relevant information of the document at the time and dont have to have your signature on them for the purposes of satisfying your request for them, however if and when it ever came to court the would indde be required to provide the original with your siganture.
The second and third loan were taken to consolidate the previous. The credit card debt remains seperate.
Yes, they were indeed taken out online. Ah well, worth a try I guess.
The payment plan they put me on about 4 years ago is made up of two payments. £10 towards the credit card debt, £30 towards the loan. These payments have been made without fail since then.
One of the terms of the payment plan is Egg discuss my finances with me every six months. My girlfriend and I moved out of the area and I forgot to update them with my our new address. As they could not contact me, my debt has been passed to "Collect Direct" to manage.
The problem is Collect Direct aren't happy with £40 a month, they tell me they are looking for considerably more.
I do apologise for the rambling nature of my posts. A friend of mine recommended I request the CCA as it may not be enforceable, they obliged and it looks like it is.
... out... in... out... I'm shaking it all about...
Posts
11,407
Re: Egg CCA dispute problem
Yes, no doubt it appears enforceable.
This is what DCA's do - push, push, push for more money.
Has the debt been assigned to CD, or or they just collecting.
If you can legitimately only afford £40 a month, they can't demand more - or shouldn't be. You may have to consider sending them a harassment letter telling them to stop.
It's very strange the Egg have accepted your payment plan and now CD want more. Have you wrote to Egg to tell them what has happened and explain why they couldn't have contacted you?
Always happy to help where I can!
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
Egg customer services told me Collect Direct are only collecting on their behalf, they still own the debt. They also told me to direct all future correspondence to CD.
I think it is probably too late to get Egg to deal with it instead. I have not written to them yet, do you think it is still worth a try?
Collect Direct have already had a template letter asking for the CCA as well as not to contact me by telephone, only mail.
Looks like I will have to contact CD and agree another payment plan....
As Egg have accepted the £40/month CD cannot ask for although they may try. Just refer them back to egg and the agreement you have with them. thats it dont respond anymore. Any further cantact should then be treated as harrassment.
1 - write to Collect Direct telling them I am paying Egg as per the agreed payment plan and any more contact will be treated as harassment. Is there any other information I should include? Sent recorded delivery of course.
2 - Write to Egg and explain I have refused to deal with CD and request I have necessary telephone interview about my finances
That's the problem though. I can recall Egg telling me it is my responsibility to ensure contact is made every six months. If I fail to do so, they deem me to have broken the agreed payment plan
Egg CCA dispute problem
over for the last three years after they froze the interest
Reply With Quote
