Thread: Egg asking for Charging Order

Thank you.

An update. Claim form issued in Northampton county court by Egg Banking plc with Aplins shown as address for documents and payments, and myself as the defendant.

I subsequently sent a CCA request and £1 postal order on to DLC and received acknowledgement letter from Hillesden Securities:

"I would confirm and advise the following:
1. I acknowledge receipt of your payment of £1 in association with your request for documents under Section 78 of the Consumer Credit Act 1974. We have put in a request on your behalf to Egg Banking plc for a copy of your original agreement. When this becomes available it will be forwarded to you.
2. If we are unable to forward a copy of the original agreement we will be able to supply a true copy of the document which will comply with Section 78 of the Consumer Credit Act 1974.
Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand."

I sent S.A.R. request to Egg + £10 postal order and received their standard letter back asking for identification and advising
"What happens next? We will begin processing your request on the day we reveive your identification documents and will provide our response within 40 calendar days of that date" etc etc

I have filled in the 'Acknowledgement of Service' online to the Court intending to defend part of the claim and I believe this gives me 28 days to file my defence.

I don't think I will have received the info from Hillesden/DLC and Egg by the time the 28 days for me to prepare my defence runs out.

What would Learned Ones here recommend my next steps should be please?

Thank you Stan.

I have written asking for a postponement, and will check with the court whether this will happen.

Actually I don't mind Egg stalling and delaying, after all it is them who are taking me to court, so I don't think I will spend another stamp at this stage.

I have seen on other threads that Egg don't accept using their "Secure" messaging as proof of identity. Nice to know their level of confidence in their own security systems isn't it?

Hi WormHas Turned

I too am having problems with Egg, so first off all you have my sympathies!

As l understand things, Egg (or any other unsecured creditor) CANNOT apply for a charging order unless you have failed to comply with payment terms of a CCJ. They must obtain a CCJ firstly and you should -with the aid of an income and expenses statement - be able to obtain an affordable monthly payment agreement from the court. As long as you then keep to the payment schedule agreed and unless yr circumstances improve dramatically, no court is going to grant them a charging order on your home!

Remember, Egg is an unsecured creditor. They don't own your life or home!

Best regards.................V aldez

I spoke to the court and they said I should fill in the online forms and explain I did not have the information I need from Egg for my defence.

Have just today received the letter from Egg confirming acceptance of my ID and stating up to 40 calendar days to receive SAR info. Still no CCA info recieved from Hillesden.

I need to get a response to Moneyclaim Online in the next 2 days.

Hi wormhasturned
Just seen your post Hope this is soon enough.

1) The Claimants are put to absolute proof and no admissions are made as to any liability to the claimant
2) The Particulars of Claim do not disclose reasonable grounds for applying for a charging order
3) The defendant requires that the claimant identify their authority and legal entitlement to bring this claim by in part providing the defendant with a ‘true’ copy of a properly executed agreement, as required under section 77-79 of the Consumer Credit Act 1974
4) Should the matter be allocated the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider making appropriate orders thereby giving the Claimant the opportunity to properly particularise the claim
5) In the event that the claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.'

Until the Claimant does the Defendant is unable to plead to the allegation, and because of this the Defendant denies that they are liable.

Thank you ... and have sent you a quick PM.

just reading this thread and find it absolutely incredible that Egg can do this - I am also a customer of theirs and am appalled! They cannot just go issuing claims for charging orders against property when specific defaults have not given rise to CCJ's etc. you need to get some proper advice on this - contact the national debtline on 0808 808 4000 who should be able to give you some specific guidance on where you stand - and i would also ask the court for compensation by lodging a counterclaim for your time and inconvenience

Hello wormhasturned,


I am keeping a very close eye on this thread, as I will be dealing with Egg over charges in the not too distant future. I also have an issue with payment protection, as I do not ever remember asking for this!

So good luck, and keep us all informed of any progress.


Cheers, Jeff.

I've been a bit quiet for a while - just waiting for time to tick by ...

The letter I received from the court advised:

"The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has lapsed the claim will be stayed. The only action the claimant can then take will be to apply for an order lifting the stay."


Well I haven't heard a peep out of Egg or DLC or their Solicitors. I've contacted the court and they advised me that nobody from Egg has been in contact with them and as the 28 day period (actually 28+5 days) has now passed, the case is 'Stayed'. They said Egg would have to pay and apply to a Judge for an order lifting the stay, and they would need to explain to the Judge why they left it so long,

Now this leaves me a little unsure of what to do next. When I hit financial difficulties last year (I'm self employed and a number of factors contributed) after a 'head-in-the-sand' period I contacted all my creditors with my budget and asked for reduced payments while I got on top of things again. Egg were my biggest creditor and the only creditor who wouldn't accept reduced payments. They were the ones who raised the stakes and added the charging order and CCJ action to their hand.

Reading other threads it seems I make no more payments as the debt is in dispute, and report them to the Information Commissioner for not complying with CCA request. Is this right?

As my finances improve and I am able to pay other creditors more do I just leave Egg totally out of the calculations? Are they going to reappear and chase me for payments in the future?

I'e been mulling round in my head how to deal with this morally and the things I want are

- to act within the law
- to be able to repair my credit rating
- to be able to sleep at night

Thanks JonCris for getting me this far.

Forgot to add, I did actually get back the SAR information from Egg, within their own timescale.

Hi WHT,

I do understand that this is a worry for you, but please be assured that the advice that will be given (I think I speak for everyone in saying this) will ensure that you act within the law! As to whether or not your credit rating can be repaired, depends upon your particular circumstances and if the debt can be proved to be enforceable or not. As for sleeping at night, I can only give you advice that I give to others; panic clouds the mind. Do everything within your power to prove that there is no debt, eg. lack of agreement, harassment etc...Exhaust every avenue of argument, believe me, that helps you sleep much better!

I also dealt with DLC and Aplins and they withdrew from the case. I would say that at this stage there is a chance they will produce the agreement and get the stay lifted. Don't be disheartened, it's just that I remember that Aplins were fond of little games! I would press them when the CCA time limits run out and send a copy of the letter to the Crt as well. A stay doesn't help you at all, so you need to keep harassing them over the agreement. If the morons tell you they haven't got it, you should apply to the Crt stating they have no case. Badger them for a while before you do this! DLC and Aplins are cowards, give them grief and they'll back off! You don't by any chance have insurance on any loans/credit cards from
them?

CCA non compliance isn't reported to the ICO, the DPA 1998 and the Freedom of Info Act are their remit.

Regards,

Laiste.