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.
If you have been successful in your claim with Egg but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.
This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue Egg themselves.
If you can't PM a mod for whatever reason then just reply to this thread.
BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.
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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
Just been offered a FULL REFUND from Egg before any court action.
Prelim letter ( I had all my statements already ) to settlement :: 3 Weeks
Can you please change my thread to won, as I don't know about PM'ing on this forum software.
Hi,
Wonder if any of you pro's can help me please? I'm new to this website.
I have egg credit card from 2000 - found my agreement which I did sign & return to them. There are various companies advertising that I can get my debt wiped to nothing (Also have a loan with first direct dated Feb 2007)
Not quite sure where to start, what to say or to send to them?
Can anyone forward me the prelim letter so that I can try to sort something out?
I am pretty sure that one of the site team would tell you this is not a good place post a request. Its really for people who have fought the good fight with Egg and come out on top already.
Re Debt companies, the advice generally is to steer well clear as if you have a good case with the advice you can get on here you can do it yourself. If you dont have a good case, then its good money (that you might not have!) after bad.
If you havent had a look at this, do it soon http://www.consumeractiongroup.co.uk...ml#post2024413. Once you have absorbed that, you will find loads of letters addressing the kind of issues that you will be raising with Egg.
Hope that helps
Re Debt companies, the advice generally is to steer well clear as if you have a good case with the advice you can get on here you can do it yourself. If you dont have a good case, then its good money (that you might not have!) after bad.
Wrote to Egg back in July with regard to PPI on both a loan and a now closed credit card.
Loan has been credited with a healthy amount, cutting down my monthly payments and a cheque for £1000 is in the post.
Its more than the money though- through this success and that of other CAGgers I feel I've turned a corner and I'm more than ready to take on the rest.
There'll be a paypaldonation next week!
I'm not a debtor- I'm a free man!!
Egg- Won
MBNA- Just started
Marbles- Its only a few pounds but if I win against MBNA then this will be my my 'showboat' round.
we are in the Cardiff High Court with a case currently, the case management conference is coming up in the next couple of months, if this goes to trial you will have a precedent which will be binding to use
Egg referred an old debt to the good people at CapQuest, who have had to write off the debt due to prior dispute with the OC.
4900 pounds written off.
The debt collector at CapQuest was a complete liar and thankfully she put all of her claims in writing! hahahaha.
This is my final letter to her:
I am putting the finishing touches to my dismissal of your unlawful attempts too get money out of me.
this has taken a substantial amount of time to do because of the large number of illegal emails that you sent to me, attempting to extort money from me, when you had no legal authority to do so.
May I point out very recent OFT announcements that refer to your style of illegal practice:
The OFT can take into account any practices which we consider to be oppressive, misleading or improper, whether they are unlawful or not
OFT official
The OFT agrees with this, but its draft guidance goes against the grain of other conclusions of that case.
The judge said it was legal for lenders to take other steps to get their money back, such as demanding repayment of the loan, issuing a default notice, threatening legal action, and even starting legal proceedings.
But the OFT said it might take a dim view of these tactics.
"For the purposes of considering whether a company is fit to hold a consumer credit licence, the OFT can take into account any practices which we consider to be oppressive, misleading or improper, whether they are unlawful or not," an OFT official said.
The OFT's draft guidance says: "No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement."
"The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable," it adds.
The guidance goes on to warn that: "To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection From Unfair Trading Regulations 2008."
"It is quite clear that the OFT guidance would increase consumer protection and instigate standards within the banking industry that would reduce the abuse of consumer rights," said Carl Wright.
During the substantial period of your abusive emails to me, amongst other threats, you intimated that you would send "doorstep collectors" to my UK correspondence address, you also stated that you would start county court proceedings albeit that i advised that I live abroad and you also falsely claimed that a third party was signing cheques and letters fraudulently on my behalf in the UK.
I reserve my Right to counter your personal, vitriolic attacks on me in kind.
I have your personal data on record, which included your home address, email address and personal telephone numbers.
In response to your personal attacks on me, I reserve the right to respond by sending doorstep visitors to your house and to sending messages to your personal email and telephone numbers, in the same way that you threatened me.
I trust that this will not be necessary. I do not expect to ever receive any personal, illegal contact from you ever again.
Alisindebt, well done, congrats
Just a thought on this :
The OFT's draft guidance says: "No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement."
"The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable," it adds.
The guidance goes on to warn that: "To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection From Unfair Trading Regulations 2008."
"It is quite clear that the OFT guidance would increase consumer protection and instigate standards within the banking industry that would reduce the abuse of consumer rights," said Carl Wright.
My Egg Agreement is from mid 2005, I am sure.
It is thought that those agreements are unenforceable, if Egg are pestering me for payments should they not be telling me " By the way, we say you owe us £xxxx, but we know it is unenforceable, please pay by xx xx xx." ?
But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable. For sure, even if they cant avoid the conclusion that its not enforceable, they wont admit to this. Its just part of the game.
Alisindebt, I just wonder whether the last three or four paragraphs of your letter are wise. I completely understand the emotional issues involved in this and many of us would like to do this too. HOWEVER, should you offer them any opportunity to suggest that you are in the wrong. They will claim - as above - that what they were trying to do is reclaim a lawful debt (no matter whether it was or not). This is wrong! Unforgiveably wrong. But should we respond in kind? Should we be like them (even if its only a threat)? Does that make us like them?
Just a thought.
But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable. For sure, even if they cant avoid the conclusion that its not enforceable, they wont admit to this. Its just part of the game.
Alisindebt, I just wonder whether the last three or four paragraphs of your letter are wise. I completely understand the emotional issues involved in this and many of us would like to do this too. HOWEVER, should you offer them any opportunity to suggest that you are in the wrong. They will claim - as above - that what they were trying to do is reclaim a lawful debt (no matter whether it was or not). This is wrong! Unforgiveably wrong. But should we respond in kind? Should we be like them (even if its only a threat)? Does that make us like them?
Just a thought.
Seriously fed up, I read what you say, ofcourse two wrongs do not make a right, but where in the sand do we as the hounded turn around to these companies and bite back?
Have watchdog ever covered this theme in their programmes?
Perhaps they could go after these institutions peddling their " rogue " agreements and chasing alleged debtors of those same agreements.
I can see alisindebt's point to be fair.
And I can see his point as well, and at an emotional level I agree with him. I think we have all felt this way.
But, if we behave in the same way that they do, where does it end? I will fight them on technical issues - lets see your signed agreement with all the prescribed terms etc - to the bitter end, and "See how you like it" is quite understandable(and I am not just saying that - it IS - I have been there too). But, you mention lines in the sand. Our line in the sand should always be to bring these things to a successful conclusion (which Chambers Online dictionary defines as an end. or a result or outcome) and leave it at that in my opinion.
But this is entirely up to Alisindebt - its his situation, his feelings, his letter. I was only making an observation based on my own perspective.
Thank you for responding to my experience that I quoted above. I fully understand your reservations on the issue.
Obviously,being abroad gives me a huge advantage i.e. no county court issues. having said that, Egg did do a CCJ against me when they knew that i was abroad, so I had it removed when I found out what they had done.
It was a dirty tactic from them and they knew that there was an outside possibility that I would not know what had happened and they could take money from my account.
This shows them for what they are: liars, chancers, cheats, etc. please add to the list.
Everyone has their own moral points of view and i respect those expressed in this thread.
I came to my own point of view: I was not dealing with people that were rational. I was dealing with liars.
That being said, I mistakenly tried to explain circumstances too them e.g. I am abroad, I cannot afford the repayments, you don't have the opriginal CCA, etc.
Guess what? I still got abusive letters and emails.
Let's get real, people, let's understand what you are dealing with.
How do you think that I felt when I got an email saying that I was not abroad, I was in the UK, and all of my letters and cheque payments were being sent from the UK. this was when i was living and working in Taiwan, as I still do.
It made me feel sick when I received outrageous lies like this.
I came to the conclusion, and I hope that you do also, that rational arguments and the law don't wash with these low life scum bags, whose, unlawful emails and letters I have fully documented.
I fought them and I won and I encourage anyone reading this to do the same.
Don't let them intimidate you, that is their goal.
Don't give in.
Read every entry on these forums as I did and respond with "like for like".
I was lied to for over a year for a collector from CapQuest. I better not call her by her real name, yes I could, I am immune from the UK court system, but i play fair and I play the good citizen.
Let's call her Anne McCrap.
She constantly hassled me for payments, sending 8 emails in one morning. Well, that is against collection guidelines. She emailed me for over one year.
Did I give in? No.
I realised that she is probably a very unhappy person inside herself and this sort of job helps her to cope with that, being aggressive to other people, very often in debt and desperate.
I fought back and I won.
Don't give in to illegal actions. if they abuse you, report it to the authorities. put your account on hold due to a dispute and note if they continue to make unlawful charges on your account.
People. you have more power than you realise.
The DCAs, even the OCs are very often in the wrong although will never admit it.
seize the moment, read these forums and fight back.
They are simply bullies and nothing more.
Some may question my strategy, but hey, I got the debts written off.
Now go and write some letters and set the ball rolling.
But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable. For sure, even if they cant avoid the conclusion that its not enforceable, they wont admit to this. Its just part of the game.
Alisindebt, I just wonder whether the last three or four paragraphs of your letter are wise. I completely understand the emotional issues involved in this and many of us would like to do this too. HOWEVER, should you offer them any opportunity to suggest that you are in the wrong. They will claim - as above - that what they were trying to do is reclaim a lawful debt (no matter whether it was or not). This is wrong! Unforgiveably wrong. But should we respond in kind? Should we be like them (even if its only a threat)? Does that make us like them?
Just a thought.
So are you going to let them get away with a template computerised letter that says: "But Egg (like most lenders) will insist - pretty much NO MATTER WHAT - that it is enforceable."?
I hope not.
You are falling into their trap. They send you these "legal letters" that are phony, just to intimidate you.
Are you going to fall for that? Just because Egg say something you believe it?
Who decides what is enforceable or not? Egg or the courts?
Egg can say what they want. It's the court who decide and you have the advantage of knowing that Egg are in the wrong, so why worry?
Have some confidence and take them on, they will lose.
Because they are a big bank and you are just a customer?
Egg successes.
but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.
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turner and EGG'
Re: Successful Claims
Originally Posted by elisedriver
Re: Successful Claims
