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 sent the following letter to Egg on 14th April:-
'Dear Sir or Madam
Account number – xxxxxxxxxxxxx Ref: xxxxxx After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against a my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully'
The reason was I never received a default notice in the first place, the reply I just got back was:-
'Further to your recent request, I have pleasure in enclosing a copy of your signed Credit agreement in accordance with your rights under the Consumer Credit Act 1974. I also enclose a copy of your statement.
In respect of your request for a copy of the default notice, whilst we are under no obligation to provide a copy of this default notice, I can confirm that the default was registered in accordance with the correct procedure.
Egg is under no obligation to provide you with a deed of assignment as our terms and conditions state we may sell accounts to third party companies'
So they send me a statement, which simply shows how much I owe and the minimum payment, a copy of the original agreement and a copy of my direct debit instruction.
Now basically from what I can tell, thay are asking me to trust the default notice was done correctly, however they don't have to provide a copy of it, despite my request in the original letter in section 2?
What do I do now, wait until the 28 day period is up, or ask them again to send me a signed copy of the default notice, saying they do have to provide me a copy as I never received one in the first place?
Hi i just wondered how you were getting on with getting the default removed. I sent the same letter off a website to Style and they came back with the same thing. have you any advice?
Removing egg default
on 14th April:-
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