An Egg and a CCA

[HungerfordMan]

OK guys time for a bit more help.

 

This time last year i received a demand from ARC Europe for a sum owing to Egg. At the time i took advice offered on here, and sent a CCA request.

 

All i got back was a letter from ARC saying that they thought i was just stalling on payment and they would advise their client to take action.

 

Today i have received a new claimfrom Lewis Debt recovery.

 

They have sent a deed of assignment. Which actually looks like a letter they have written themselves, and added the Egg logo at the top. It is not an original logo, but a black and white photocopy . Is this relevant ?

 

It says that on the 20/10/2008 the debt was assigned to CL Finance, who are now the legal owners, and Lewis are their collection agents.

 

Now i thought they were not able to sell the debt whilst their was a CCA request in place ?? Especially as they havent complied with it ?

 

Should i reply to Lewis, and send them a letter attaching the original CCA to Arc, and state that i believe they are acting illegally as the CCA wasnt complied with originally, and in the legally required period ?

 

Help please.

 

Thanks in advance.

 

HungerfordMan

[spamheed]

When you say that you have4 received a claim for, are you referring to a demand from them, or have they initiated a court claim against you?

If, as I believe it is not a court claim, then send Lewis the following

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[HungerfordMan]

Yes you are right its a claim for money, before further action. Very nicely they have given me 4 days to pay in full ,lol.

 

Thanks for the advice , had sought out that letter, and made it ready to send. Shoyld i send a copy of the CCA that went originally to ARC to underline my point, or not bother ?

[spamheed]

It wouldn't hurt to do that, but to be honest, i never have qand they always get the gist of my letters.

 

Although technically they should have been informed of the dispute when they obtained the debt, it looks like these "people" are quite happy shafting each other by selling disputed debts to other unsuspecting lowlifes

[BeingHarrassed]

It would appear that Egg have "sold" a job lot of disputed accounts to Lewis Debt Recovery this week. There are about three or four people that have recieved letters from them in the last few days and all of them have said that Egg have not been able to provide a signed CCA............a pattern is emerging here! I think we are all going to send a copy of that letter to them. Mine's going recorded delivery on Monday.

[pookeymonkey]

Snap!

I got one of these letters too!

 

I have been waiting 14 months for my CCA request to be met. I made the request to Capquest who were dealing with the alleged account at the time and never heard from them again!

 

Eight months later Fredrickson International started ringing and telling me terrible things would happen if I don't pay - they weren't happy when I laughed down the phone at them and passed me to their supervisor, so I laughed at him as well! Sent the 'bemused letter' and heard nothing until the Lewis letter arrived last week.

 

The Lewis letter is the most pathetic I have yet to receive from a DCA - seriously, if anyone from Lewis is reading this, my 7 year old could do a better cut and paste of the Egg logo and signature from one of their letters, try scanning it on a higher resolution for a start!

 

I particularly like their combined Notice of Assignment and begging letter, are they that short of money they can't stretch to 2 pieces of paper? Maybe they are going for the title 'Environmentalist of the Year' at next years DCA of the Year Awards!

 

Pookey

 

PS. I will scan and post the letter later for anyone not lucky enough to have received one!

[angry cat]

Looks like Egg have been off loading them onto Lowell as well!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170309-lowells-egg.html

 

AC

[HungerfordMan]

Ok letter done, and being sent RP today.

 

Should i take any further action at this point, bearing in mind technically they have committed criminal offences by not supplying the data as requested intially, and passing the debt to a 3rd party ?

 

I look forward to Lewis`s reply on this one, especially as i finished paying back a Barclaycard debt to them last month

[spamheed]

You can complain to Trading Standards, FOS and OFT for their failure to produce and the transferring of the debt

[HungerfordMan]

thanks, i know i could, i just wondered if there was any mileage in doing so at this point, ort should i save that particular chestnut for if / when Lewis decide not to play ball ?

 

Incidentally where do i complain to said bodies ?

 

Actually just revewed my old letters, and the last one from ARC said

 

"Egg are unable to provide you with a copy of your signed credit agreement. Alternatively we have provided you with a copy of their credit agreement, at the time you took out your egg card (hmmmmm dubious ones that was) and Egg have taken legal advice which has confirmed this is sufficent"

 

Is this bull ??? Im guessing so or i would have been to court by now ?????

Edited December 1, 2008 by HungerfordMan

[spamheed]

The time to complain is either if they make a demand or transfer the account after you have made the CCA request, or if and when they fail to fulfill your CCA request.

 

Basically the letter is telling you that they do not have the signed agreement, as such they would not be able to enforce through the courts, keep the letter safe

 

It is possible to fulfil the requirements of a CCA request by sending you a copy of a blank agreement that you may have signed when you took out the card, however for enforcement purposes, if they wished to take you to court then they would need to supply the original agreement

[HungerfordMan]

so sending a blank one is a waste of space anyway, as the only way im going to pay is if the court make me.

From what you are saying the court wont make me unless Egg provide the signed CCA, which they have already admitted they cant !

 

:D:D:D:D:D

 

To be fair to Lewis /CL , i guess the complaint at the moment isnt against them , as they are only acting on a debt which they have bought. (although that in itself serves them right). My complaint aginst them will come if they demand money i believe, after ive sent my my letter as above !?

[spamheed]

This is correct, advising you that they have bought a debt is not in itself an unlawful act. the actions of the person who sold it to them are the unlawful actions and should be reported.

 

Once you have told Lewis CL that the account is subject to a defaulted CCA request, they should either attempt to fulfill the request themselves, or return the account from whence it came, if they make any demand at all, then they also are acting unlawfully. Since you have already been informed in writing that the CCA is not forthcoming, then their actions should be fairly predictable.

 

But that's not to say that the account may come across the debt of a complete moron (like there's anything else working for the DCA's) who decides to pursue the debt illegally. then simply complain to them and the relevant authorities

[HungerfordMan]

ok thanks, ill let you know how i get on when i get the repsonse from Lewis !

[WormHasTurned]

Hi - I got the same letter too - but my case has already been taken to court by Egg, who didn't supply the CCA to the court, and the case is stayed. Will be following all similar threads to see how we all get on!

[HungerfordMan]

Well my letter has gone via RD.

 

The nice lady at the Post Office observed, urgh they are nasty people whilst attaching the label. At this point i directed her to the CAG website for future reference, and rather tongue in cheekily replied that they were only nasty if you didnt have the right advice ;-)

[HungerfordMan]

well sadly nothing to report this week. I am a little disappointed as i was in the mood for a fight this week.

 

Obviously they got deluged with all the "Account in dispute" leters they got on Tuesday morning !

 

Anyone else heard anything yet ?

[creditcardmug]

Im waiting with baited breath on this, it takes them about 2 minutes to do it online, they normally try to do it so that it appears on the debtors doormat on Fri/Sat, to gain the max impact, i.e. screwing up someones weekend

 

So maybe next weekend then, or better still, a few days before xmas!

[BeingHarrassed]

I've heard nothing from them yet - I bet Credit Card Mug is right - they are going to wait until just before Xmas................i'm annoyed slightly that I didn't send the CCA request as well on Monday because then they'd have to respond in the time limit set out.

[HungerfordMan]

naw im saving sending my CCA, and letters for Trading Standards until the 22nd December so i can p%$$ them off !! If they carry on chasing after the letter they already have received they are then knowingly acting illegally !!

[WormHasTurned]

..

Edited December 6, 2008 by WormHasTurned
blonde moment - posted on wrong thread

[HungerfordMan]

Ok finally Lewis have responded, although i havent been home to read it yet !

 

Apparently the gist of the letter is that they reckon the previous DCA complied with the request, but have enclosed a copy of the agreement.

 

Not sure exactly what theyve sent til ive seen it, but has anyone else had a reply like this from Lewis yet ?

 

As the previous DCA never replied shall i just send them another letter back reminding them that actually as the account is in dispute that the original DCA has actually comitted an offence by selling the debt ?

 

Personally think its a load of twaddle at the minute, cos if they really had anything, why wouldthey have sold it on to another DCA >???

 

Will post the details later !

[pookeymonkey]

Thats funny!!

 

I had an Egg account that was passed to DLC, who I CCAed, and they kept sending the 'We have requested the CCA from Egg and will pass the documents on when We have recieved them' letter each month.

 

Then, about a year later, ARC came on the scene. When I sent them the account in dispute letter their reply was that the previous DCA had sent all the relavent documents to me and so there was no dispute (funny as I was still recieving the DLC covering letters).

 

A quick letter to ARC telling them nothing has been recieved, with a copy of one of the DLC letters and I have not heard from them for nearly a month.

 

Pookey

[42man]

Did you see this - http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

[HungerfordMan]

turns out they have sent me something ! And it looks rather like a CCA. OK so now 2 years down the line they have produced something, but is it enfoorceable ? Any advice greatly appreciated.

 

Also how do they stand with regards to the previous DCA selling the debt , whilst it was in dispute ? Can i just blag them that the account is in dispute with ARC and therefore i am not talkingto them anymore, even though Leewis have found / made up / a CCA ?

 

 

Links to photobucket copies of the documents:

 

http://i653.photobucket.com/albums/uu251/hungerfordman/img001.jpg - cca p1

http://i653.photobucket.com/albums/uu251/hungerfordman/img002.jpg - cca p2

http://i653.photobucket.com/albums/uu251/hungerfordman/img003.jpg - lewis letter

Edited March 20, 2009 by HungerfordMan
links to photobucket