as above,

CCA'd egg on 16/07/08.

They responded with an unsigned agreement and nothing else, no terms, no other info.

Wrote back to them to tell them account in dispute as they have failed to provide etc.

put in the dispute letter the usual about "you may not pass this account on" etc

but they've completely ignored it and sent a letter back saying the account is now closed and will be passed to a DCA for collection

what do I do now?

as above, CCA'd egg on 16/07/08. They responded with an unsigned agreement and nothing else, no terms, no other info. Wrote back to them to tell them account in dispute as they have failed to provide etc. put in the dispute letter the usual about "you may not pass this account on" etc but they've completely ignored it and sent a letter back saying the account is now closed and will be passed to a DCA for collection

 

what do I do now?

I would not worry to much, you have made a legal request for the executed agreement. So the ball is firmly in Egg's court and if they wish to employ a DCA then let them.

Have you actually been sent a default notice by Egg?

Beau

UPDATE:

letter received today from DCA Collect Direct (UK) usual pay up or else threat-o-gram, what's the appropriate response as egg have been told the account is in dispute?

Hi Spaspecker,

I have not seen your first letter. You might like to send this to the DCA.

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in dispute with Egg/Barclaycard.

I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

If you proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

Yours sincerely,

Remember, don't sign the letter, just print your name.

Send it recorded.

If they take no notice of that, you complain to the OFT.

The Consumer Protection from Unfair Trading Regulations 2008 - draft

Regards.

Lex

thought as much, thanks for the quick response

now receiving text messages from CD uk, what's a good written response?

Hi Spaspecker,

 

I have not seen your first letter. You might like to send this to the DCA.

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in dispute with Egg/Barclaycard.

 

I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

 

 

 

Remember, don't sign the letter, just print your name.

 

Send it recorded.

 

If they take no notice of that, you complain to the OFT.

 

 

The Consumer Protection from Unfair Trading Regulations 2008 - draft

 

 

Regards.

 

 

Lex

apologies, I had not read what you said about my first letter, this is what I sent them:

Account In Dispute

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On 14/07/08 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79)

On 18/07/08 a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply to supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of 14/07/08 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your company enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

*You may not demand any payment on the account, nor am I obliged to offer any payment to you.

*You may not add further interest or any charges to the account.

*You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account

I reserve the right to report your actions to any such regulatory authorities as I see fit, such as and not limited to the Office of Fair Trading, the Financial Services Ombudsman, Trading standards and my MP

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to your reply by return

Yours faithfully

they obviously do not care about what the law says and how it operates as they have instigated a DCA so any further advice would be much appreciated

on a personal note isn't it about time just one of these banking institutions were brought to boot concerning the way we as customers are treated before/during/after we make lawful requests such as this? time and again on this forum I have seen people in similar positions posting similar disputes to mine and not a damn thing is done when the bank/creditor/DCA steps over the/out of line. It's all very well us writing properly worded letters and taking the moral high ground but it personally grates me to see them get away with it time and time again - something must be done

rant over, responses appreciated as I am learning daily!!

One of the big problems with DCA's is we can take them to court, but if they back down at the last minute, as they often do, no action is taken against them.

So they keep trying it on, like bank charges, only a few are still brave enough to fight back.

As far as text message's go, you have told them you will only communicate by letter, so text them back to that effect, then block the number.

Keep a copy of the text you send.

Lex

UPDATE:

had another letter from these CDUK people today,

Dear

Despite numerous attempts to contact you we remain without receipt of payment or proposals towards settlement of your debt.

We are now considering instructing our PERSONAL REPRESENTATIVES to make attendance at your address to discuss your intentions towards our client.

If you wish to avoid this course of action you should contact this office within 3 days of the date of this letter to discuss your repayment proposals

Yours blah blah

this is after they received the letter suggested previously - what now? have I any legal recourse in writing to ask when they propose to "send the boys round" so I can arrange for the police to be in attendance to ask them to arrest for harassment?

Anyone turning up uninvited at a private house can have his photo taken, his car registration plate noted down for action later.

If CDUK think their anonymous boys can turn up when they feel like to behave in extra-legal fashion, because they know where you live and you do not know what their names are and where they live,

Not so. You can logon to CompaniesHouse.gov.uk and obtain the name and private address of CDUK Company Secretary who is answerable to the law for what his "boys" get up to, not to mention answerable to their annual debt collecting licensors the OFT.

You could make it known by letter to said C.S. at his home address, that any uninvited kind visits by his boys can be reciprocated by your boys, at his home address.

Anyone turning up uninvited at a private house can have his photo taken, his car registration plate noted down for action later.

 

If CDUK think their anonymous boys can turn up when they feel like to behave in extra-legal fashion, because they know where you live and you do not know what their names are and where they live,

 

Not so. You can logon to CompaniesHouse.gov.uk and obtain the name and private address of CDUK Company Secretary who is answerable to the law for what his "boys" get up to, not to mention answerable to their annual debt collecting licensors the OFT.

 

You could make it known by letter to said C.S. at his home address, that any uninvited kind visits by his boys can be reciprocated by your boys, at his home address.

thanks for the response - don't really want to get into a match with these people and I'm not the slightest bit bothered about them turning up at home cos believe me, 6 years as a landlord in bristol has equipped me with a few *ahem* "tricks" wink wink,

would just like to know what's the liklihood and what to do now?

make them aware I "know where they live" or send registered correspondence to their clowns at home?

just tried CompaniesHouse.gov.uk but - quite simply - the site just does NOT work?

UPDATE:

latest threat-o-gram from CDUK says they have liased with egg and as far as they are concerned the account is not in dispute, this despite me putting egg on notice after failing to respond with a credit agreement following a CCA request. Also in their letter they inform me that should I so wish I may raise a complaint with the FOS regarding this! surely this just reinforces the fact that even though they know they are in the wrong they are not frightened of the consequences or the FOS should I raise a complaint with them.

Do I now CCA CDUK?

You could send them this in the first instance....

ACCOUNT IN DISPUTE

Your Reference:

Client reference:

Dear Sir or Madam,

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

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

If ***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.

Yours faithfully,

(courtesy of CB)

Then send them this about the home visit....

Dear Sir/Madam

Account Ref:

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely,

thanks guys - those 2 example letters have already been sent and it doesn't seem to have made any difference. I have just come off the phone to the ICO and they didn't seem particularly bothered about the fact that both egg and CDUK have breached section 10 data protection act by continuing to process our data despite an explicit written instruction not to. The guy said they can only look into it if they have failed to respond after 21 days - this does not help me!! Trading standards were much more amenable and said they'd get straight onto it. I'm going to try FOS next

just spoke to OFT, they said they were aware of my complaint because I'd already spoken to trading standards about it and they are the same company/outfit - I didn't know that!

At least they know about the complaint!!!...

FOS is a good one too as they will charge the DCA if they investigate the complaint - £450 I think...

FOS tomorrow as they only operate 9 to 5

what else is left?

I'm fairly certain that CDUK won't try to instigate proceedings (as they really REALLY haven't got a leg to stand on, egg don't even have a signed agreement) but I'm still left with that nagging doubt .....................

UPDATE:

received another threat-o-gram today from CDUK, this one is headed "INVESTIGATION WARNING" in big black letters just in case I missed it (or is it for the benefit of their simians in the office in case they're too distracted by their lego?)

anyway, it goes on to say:

Despite our previous correspondence your debt has not been discharged at an acceptable rate to our client.

Unless payment is received within 5 days from the date of this letter, instructions may be passed to a local PRIVATE INVESTIGATOR to make all necessary enquiries prior to issuing proceedings in the County Court for you to be orally examined under oath.

We may also make a search of HM Land registry with a view to placing a CHARGING ORDER on your property. Existing chargees may also be informed of the further charge.

The above enforcement action may be taken against you following a successful County Court Judgement and continued non payment, therefore you are advised to contact this office within the time stipulated.

ALL PAYMENTS MUST BE SENT DIRECTLY TO THIS OFFICE MADE PAYABLE TO CDUK AND QUOTING OUR REFERENCE NUMBER ON THE REVERSE.

then there's the usual non existent persons signature. Should I be worried that they're threatening to send Jim Rockford round, I mean can CDUK afford $200dollars a day plus expenses? I must admit I'm getting fairly sick of all this now, I've already reported them to trading standards and FOS and sent them the get stuffed letter quoting administration of justice 1970 and the breach of ss1&2 of the Protection from Harassment Act 1997 and s127 of the Communications Act 2003, and I also reserve the right to seek civil remedy at the discretion of the court and a restraining order under ss 3&5 of the Protection from Harassment Act 1997.

I now mean business. Can anyone tell me how to instigate proceedings against them for breach of administration of 1970 and the protection from harassment 1997?

UPDATE:

now receiving threat-o-grams from parker bourne, who are telling me that all correspondence/offers of payment (made me smile that did) must be made to CDUK. Why are a supposed solicitor now writing on behalf of a DCA who are acting on behalf of EGG who have all been asked to provide a CCA (and haven't) and who do you complain to about a solicitor?

UPDATE:

collect direct uk letter today,

Dear ********

Please find enclosed a copy of your statements as requested.

We do not have to provide a deed of assignment as we act for our clients as agents only.

TAKE NOTE - you now have 5 days in which to pay or make arrangements to pay the above amount.

All payments must be sent to this office payable to Collect Direct (UK)

THE FUTURE PROCESSES OF THIS MATTER RESTS IN YOUR HANDS

Yours faithfully

blah

then there's the usual non existant person printed signature, plus nothing else in the envelope - not even the statements which they claim to have sent

Advice please?

hi spaspeck

just a quick question,

egg being an online bank,

when did you take out the agreement

UPDATE:

 

collect direct uk letter today,

 

Dear ********

 

Please find enclosed a copy of your statements as requested.

 

Most likely the writer was not on speaker terms with the envelope sealer, both of them paid £6 per hour.

hi spaspeck

just a quick question,

egg being an online bank,

when did you take out the agreement

can't put my hand on it right now but it was about june 1999

the reason i was asking was that online signatures were only legal from 2004 or 5

so with out an agreement with your signature, they are stuffed

Hi - my own agreement with Egg was before 2004. Can I ask the legislation or precedent which mentions the 04/05 change as far as online signatures go? Would be helpful to me and the original poster.

Hi - my own agreement with Egg was before 2004. Can I ask the legislation or precedent which mentions the 04/05 change as far as online signatures go? Would be helpful to me and the original poster.

http://www.consumeractiongroup.co.uk/forum/egg/147592-egg-no-agreement-default-4.html?highlight=electronic#post1726060

On the blue bar near the page top click SEARCH,

then Advanced Search,

then set keyword to electronic,

select forum as Other Institutions-> Egg

display as post, not thread

click submit search,

for more background reading.

If you SEARCH again, setting author to Steven4064(?), keyword CCA or signature, select Egg forum, there will be many repeated postings on the various conditions which render a CCA valid or invalid.

UPDATE:

received letter from "Arc Europe" ltd today, signed J Turner. Letter says account passed to them for collection and if they don't receive a "substantial" payment by phone within 10 days they will pass to solicitors with instructions for CCJ - that's WILL pass for CCJ, not MAY.

urgent advice please