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I have an Egg loan taken out in November 05. I CCA's them but got back a print out from a computer - totally different to the CCA that I have on file and had to sign and send back to them. I have put the account in dispute but have received this letter from Moorcroft who are asking for the whole balance of the loan (over £3000). Moorcroft are now phoning on a daily basis (but never saying Moorcroft just telling my wife that they are MDR). Can someone have a look at this letter and let me know what my next step should be?? Thanks
Send the Civil Procedures Rules letter immediately, to demand sight of all the documents they would rely on in court. This is your right and there is no fee for this.
They have to have defaulted the account properly (including issuing a default notice) before they can start litigation. Has this happened?
... out... in... out... I'm shaking it all about...
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re: Skint40/EGG/CC application request.
Skint, I've removed that image as it contains personal details - I suggest removing them before reposting.
Always happy to help where I can!
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Pillboy - I have only received an arrears notice from Egg covering payments received over a six month period - they have been very quiet up until now.
When I asked for the CCA they sent me a letter saying they wouldn't provide anything until I provided a copy of my signature - which I didn't do. I blanked out my signature on my driving licence and sent that to them and they provided me with a print out of my loan agreement which is totally different to the copy I hold on file and there are only tick boxes on it for signatures. I only received this paperwork after I sent the Account in Dispute letter.
I'm still getting monthly letters from Moorcroft now headed Home Collections Division. I also got a letter from Midas Legal Services who say they are part of Moorcroft Group headed Litigation Warning saying they are "now reviewing the account prior to any possible legal action by external solicitors acting on behalf of our clients". Failure to contact Moorcroft Debt Recovery Limited may result in the issue of legal proceedings without further notice.
I have already sent all the usual letters - account in dispute, etc but these are being totally ignored.
Should I do anything or just wait and see what will happen?
I would just wait and see. Moorcroft seem to me to be a wee bit confused themselves as you are getting letter from their "Home Collections Division" and solicitors. Moorcroft, as many on here will know, also have a Pre Litigation Division, so I would have thought it would have been them you would have been dealingwith (probably the same guy, in fact - just different letter head . )
Basically its mostly bluff. Put another way, the strong likelihood is that it is just threats. Its even possible the intervention of the solicitors is to do no more than provide Moorcroft with suitably headed notepaper. That is not unheard of. IF they do actually issue court papers then you need to stand by your assertion that they cant produce an original signed agreement, in which case a court couldnt enforce, as I understand it. But, given that they have sent you out a new one to sign - you couldnt make this up could you? - it does seem unlikely they could fulfil that requirement (and, I am sure you know this,but if it does get to court, your defence cannot be that "what they have produced isnt the original agreement, because I have it here" :grin: THEY HAVE LOST IT)
Basically, wait and see, and stick to your guns. If they threaten doorstep collection (like anyone keeps three grand in the house!) send them the doorstep collections letter. Other than that, just make your "this is not an enforceable agreement" argument. And hold your nerve (not easy, but doable)
Good luck
Thanks for your response, seriously fed up. You mentioned letters from the Pre Litigation Dept - I had one letter from that department and then it went on to the Home Collections Dept!!
I expect to have to defend a case against Egg soon too.
I am wondering, if it is possible at all to attack egg's electronic signature based CCA's along the lines of providing proof where other customers like yourself got complete rubbish as CCA agreements and egg insists that it was signed electronically i.e. where actual agreements vary from what they sent out as a response to CCA request.
CCA I've got from them for a credit card taken out in Oct 2005 (signed electronically) is absolutely bullet proof where it concerns prescribed terms. However, there are factual errors, like they have a wrong address (citibank tower) which they definitely did not use in 2005.
I am wondering if it would be possible to challenge that egg's electronically signed agreements are properly execute based on the facts of factual errors in combination with proof that they 'faked' or 'improperly reconstructed' CCA of other customers like yourself. I am sure that CAGers could come up with other similar cases.
Maybe for your defense it would also make sense to provide affidavits/examples of egg sending out 'fake' copies of CCA's instead of 'true' copies as requested in s77/78 requests.
I personally find it quite insane that electronic signatures (i.e. tick with your name and date) are acceptable for Consumer Credit Agreements at all. These now can be produced/modified at will, even easier than printing money nowadays.
--------------------------------------------------
Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court
HSBC ~350£ of charges reclaimed many moons ago, settled out of court
HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.
HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.
HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009
Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.
...they provided me with a print out of my loan agreement which is totally different to the copy I hold on file and there are only tick boxes on it for signatures. I only received this paperwork after I sent the Account in Dispute letter.
This is a very, VERY big thing I think. Could you please make sure that all this is documented properly and you do not lose any of these documents, particularly the original agreement and what was sent to you.
There are quite a few people here who stuck with Egg's electronically signed agreements which are suspiciously perfect where usage of prescribed terms is concerned.
I expect soon to defend a case against egg, and it will be for amount above 5000£ and therefore might set a binding legal precedent.
I frankly hope that you would agree to provide these two documents along with your affidavit to help the fight against egg.
Imagine all egg's electronic agreement proclaimed to be invalid by a court! (I must be daydreaming ) What an egg on their face.
I'll post links to your thread on a few other relevant threads here. I hope you do not mind.
Could you please try to post both original and 'fake' CCA minus personal details. I bet this would explode your thread.
The comparison of the differences between 'true' copy from your archive and 'fake' copy they sent would potentially be extremely interesting.
Skint40/EGG Loan
loan taken out in November 05. I CCA's them but got back a print out from a computer - totally different to the CCA that I have on file and had to sign and send back to them. I have put the account in dispute but have received this letter from Moorcroft who are asking for the whole balance of the loan (over £3000). Moorcroft are now phoning on a daily basis (but never saying Moorcroft just telling my wife that they are MDR). Can someone have a look at this letter and let me know what my next step should be?? Thanks
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you couldnt make this up could you? - it does seem unlikely they could fulfil that requirement (and, I am sure you know this,but if it does get to court, your defence cannot be that "what they have produced isnt the original agreement, because I have it here" :grin: THEY HAVE LOST IT)
) What an egg on their face.