Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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Thread: adyb -v- Egg

  1. #1
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    Question adyb -v- Egg

    Hi,
    Sent off my SARicon on the 18th July 2006. Got no reply, so sent off the 7 day "give me my info or I'll ask the Court to tell you to do it" letter just before Christmas and have just recieved a letter stating that they are "in the process of retrieving the relevant information, which will be sent to you within the next 40 calendar days"

    Firstly, this complaint is being raised with the information commissioner, as they had 40 days from 17th July 2006, not December. Not a good start.

    I had 2 accounts with Eggicon, both of which defaulted this time last year, one I settled (with a discount) with the DCAicon (Capquest) the other account is still being paid off at £100 per month it is also with Capquest.
    Some of what I owe is made up of unlawful charges, just not sure how much.

    I also have no problem with them sending the money to the DCA, infact that is what I would want them to do as I want this matter sorted as soon as possible.

    My question is, as I have defaulted the accounts, can they make a counterclaim for the amount still outstanding even though I am 10 months into an arrangement with the DCA?
    What about the other account that I paid off with a 20% discount on the balance? Will this amount still show as owing on their records?

    Cheers and Happy New Year,
    Adyb

    Similar Threads:
    HSBC - Prelim sent 18/7/06 £1678.00
    FirstDirect - Prelim 1/8/06 Offer to settle in full dated 4/8/06
    Egg- DPA sent 1/8/06
    IF - DPA sent 9/8/06

  2. #2
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    Cool Re: adyb -v- Egg

    Hi there

    This is just the thread I have been looking for!!!
    I am about to start my process against a few credit card companies that I also defaulted on and settled through debt collectionicon agencies at 80% or 90% of the balance. I was unsure how to proceed but am going for it anyway.
    I have moved address so will have to provide id etc for BOTH addresses when I send my Data Request.
    I will be watching with interesticon.... have you had any response from Eggicon.

    Hope you boil them...

    Clarkey


  3. #3
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    Default Re: adyb -v- Egg

    Clarkey as prev said get them Sard if you have no statements.
    Your issues will be with the ones who originally generated the debt and not the dcas,although they may later come into the frame.
    Have a read through some Eggicon threads......and of course start one of your own in the other institutiond group.

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  4. #4
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    Default Re: adyb -v- Egg

    Asey its very important that you get the figures of what were penalty charges and what arent.
    As part of the debt is penalty related then you can point out that the account collections should be suspended pending your litigation with the original creditor.
    You should launch a claim as soon as possible against these.
    You are entitled to claim ALL the charges that were penalty related,and this will be off the bank/card issuers
    If you can maintain your agreement of repayments that you currently have with the DCAicon then thats up to you.
    You certainly have the rights to stop them.
    If they try and say you did not dispute the debts earlier or that your agreeing to make repayments to them,you can respond by saying that you have only recently been made aware that the debt was construed by part/wholly unlawful penalty charges.
    I would seek recovery of the lot whether the account has been settled or not.

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