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Following on from my previous post, Egg have now instructed Charles Howard Solicitors who have sent a letter asking for immediate payment of the full outstanding amount.
I have been paying Egg through a different DCA monthly payments for labout 6/7 years now. Never missed a payment or got into arrears. I presume this is only because of my S.A.R - (Subject access request)?
The letter from Charles Howard is a typical "we''ll take you to Court if the next x amount of days and if you don't pay up your credit will be damaged and you'll get a CCJ etc etc.
Should I contact Charles Howard and mention that Egg are already being paid monthly and have been for years and I've never missed a payment etc or do something else?
I don't want to do anything that will jeopardise my charges claim.
If you have been making instalment payments for 6-7 years, then the card has not been in active use nor attracted penalty charges over said period? If so your potential claims date back more than 6 years? Going back beyond the civil statutory limit of 6 years is something pursued by a minority, and I know nothing about it, the one time I did a search, 36 threads came up on the subject.
Court and CCJ look like empty threats. If Egg takes you to court, then your balance owing can be challenged right in front of the judge, on your submission that the penalty charges were partially unlawful, quoting Dunlop-v-Garage 1915. Egg would rather die than have that published in judgment. But unless Egg goes through that process of acknowledgement they cannot win a CCJ saying you do owe the balance less unlawful charges refund.
So it looks like a mexican standoff. Egg has a gun but they cannot fire it without a rebound. If you proceed with your charges reclaim now, recent experience shows you are likely to be paid very quickly if you send the right template letter (e.g. moca1982), the refund probably going into your account.
However, once you have detonated your threat you have nothing else to detonate. Egg's pursuit of a CCJ will then no longer be inhibited by a court confrontation asking awkward questions about unlawful charges. That's if you DO care about a CCJ and demands racheted up.
I am a little confussed about your claim if you never missed a payment - do you think you were charged for anything?
I don't think the SAR triggered it, I think they sell the debt when they are no longer making money out of it! In 2004 they did the same to me, I had been paying off the card (in large chunks) and had not used it for a year and all of a sudden they passed it on to Eversheds who wanted the full amount in a matter of days...well I think that is what happened it seems like so long ago - and the did threaten court. Luckily I had some capacity elsewhere to pay it off. Now I am chasing them for the 20 default charges applied before this all happened.
Egg sent solicitors/DCA letter
have now instructed Charles Howard Solicitors who have sent a letter asking for immediate payment of the full outstanding amount.
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