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  1. I wouldn't mind knowing either as I have an egg loan, and am considering CCA, SAR & CPR letters to Shoosmiths. DOes anyone have a view on the view expressed in Moneysavingexpert about judges enforcing even when there is no CCA or a faulty one, the opposite of the view here on CAG
  2. Hi Sarah. First the phone calls. On this site you will find template letters that will stop the calls. You have the right to request them to communicate only in writing, and if they (as they will) threaten to doorstep you, that can be stopped too, in fact I would get that in before they start threatening this. Provided your agreement started before 2006 NO CCA- NO ENFORCEMENT almost certainly applies, though they may take it to the wire before backing down. A strategy that has worked for me and that you could try, is to offer 10% of the original debt balance in full and final settlement, PROVIDED they remove the default notice on the CRA sites. They may protest they cannot remove the default notice but this is untrue so insist. The reason is that even if it gets to court and you win an unforceability the debt will remain. Check out the template letters and best of luck
  3. If Egg have forged your signature, an expert should be able to confirm this. How sure are you that you did not sign. Maybe its an application form and maybe you signed it, but it still would not be compliant. I suggest you post it up and see what the experts here have to say . Good luck
  4. If you are on benefits, Halifax will refuse you a payment holiday even if you are entitled to one.
  5. 111253

    Response to Egg CCA

    Hi Jbeavon, any reply from egg yet as I am one of the 166,000 and also have an egg loan that's been defaulted.
  6. Sleep, as in being able to again-that's what CAG is all about. Best of luck to you Who Dares, and while I'd love to have been a fly on the wall why you were reading POSTGGJ's pm, I'm rooting for you. POst - keep up the great work.
  7. Sorry, have to agree with the rest of the Caggers, your solicitor is not the answer, as he has ignored or does not know some pretty basic stuff. Either find one who does, or stick to CAG and defend yourself. Good luck
  8. While not agreeing with the omission, I believe C4 were well aware of the enforceability issue, but were advised by their legal team, that announcing it to the world at large would trigger a financial crisis similar to sub-prime, imagine the billions of credit card and other debt taken pre-2006, that would be lost to these "institutions".
  9. Maybe we are just wasting our time writing all these letters, Maybe we should just send the a letter with the following -FYI _ I AM A CAGGER -DONT WASTE YOUR TIME- Should be enough for most of them to get the message!
  10. Well done on Cohens, are they the same with other OC's, like for instance Barclays who have assigned to CL. In my wifes case they have paid for and returned the AQ despite the case being in dispute. Its an old Credit card and we have used the whole CAG armoury so far. What do you think their next step will be. No CCA has been sent but lots of statements and an application form that is barely legible and certainly not a CCA.
  11. Defend all the claim, if they come up with the CCA you can always fold, but till then nothing to lose. It is recent enough for them to have a CCA compliant loan agreement but when and if you do get a copy, post it up so you can get an opinion on any omissions there may be. Best Robert
  12. Jules55 is right, Indian courts are not an option for HSBC. You can do everything by fax and internet to verify the legality of the agreement. You have nothing to lose so go for it, but remember if they have a fully compliant CCA then you have to pay eventually, unless they get fed up and accept a lower offer. 10% has worked for me. You have to remember that even if you prove the agreement was not CCA compliant, you still owe the money - they just cannot enforce. By paying a small sum like 10% the debt is satisfied if they accept the payment in full and final settlement. Enjoy India, I was there for 7 years and loved every moment.
  13. Thanks, that Seahorse Cabot film on youtube is the best laugh I've had for ages. Lets have some more.
  14. HI, DO you have a loan agreement, and when was the agreement taken out. If it was after 2006 many of the mistakes made by the finance companies have been corrected. Even so the charges they are imposing do not seem reasonable. First you need to determine whether they have an enforceable agreement, if they do not then you have a good defence, if they do, then you have agood defence against excessive charges Good luck
  15. HI Crafty Girl I hope you are happy with your result. Sometimes its sensible to reach a settlement even if you know you will win in court. I've made a settlement in my two cases with Marlin. IN my case it made sense for both of us. Marlin knew they could not win the right to enforce in court, and I knew that even if I won in court and they could not enforce, the debt would still remain, even if not enforceable. I was lucky that a relative helped out and I was able to offer a 10% full and final settlement and removal of defaults (I had corrections on them anyway), and Marlin were able to accept, as its better than the alternative which may have been £1 per month at the most, even in the unlikely event that they won. Sometimes its wiser to yield and win the war than push your advantage to the limit and only win the battle
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