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Everything posted by 111253

  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
  16. Hey Heidi, Just because the agreement is signed, it does not mean it is enforceable. It has to comply in every aspect with CCA 1974 regs. It may be worth posting the agreement up to see if some of the wizards on here can spot any non compliance.
  17. Hey Crafty Girl, If they were so confident they would have gone ahead straight away. Don't be intimidated by them, and you can find the answers on CAG for Marlin, they are all in here. The fact you are still paying means nothing. Best of luck
  18. yes it will be transferred to your local county court, buy just in case, I would request this specifically. Northampton is only a bulk cases centre, by the way Marlin may say they were unable to send the agreements because they used Northampton, dont accept this
  19. No problem with a PM but I have to point out I'm no expert, just have Marlin doing the same to me.
  20. HSBC will have opened an account, paid off your loan from it, and then closed the account citing an unauthorised overdraft, thereby removing your rights under the CCA 1074. It is illegal to deprive you of any of your rights under the CCA and so HSBC will not try to enforce this themselves, but will set Marlin et al onto you, who will try to bluster you into accepting this illegal act and pay up under the threat of a charging order on your house. Defend the action if you neliweve they have done this without your kn owledge. They may quote "Rankin v Others", bad case law, and you will find a response somewhere on CAG, can any one help with this. Good luck
  21. The letter sounds like twaddle but has anyone a firm rebuttal of their view
  22. Hi HP I know others may feel differently but maybe the best is to just forget any more action and write BOS out of your life. I,m sure you have lots of better things to do with your precious time. ANyway best of luck whatever you decide.
  23. Hi HP Excellent news, at least this is something off your mind, go celebrate and I,m sure all our prayers are with you and your family for whatever the future holds. I dont know if you have any other DCA's after you but if you do a copy of the BOS letter to them should bring the same result. Very Well done.
  24. Hi All, I think XXXO has seen a large number of very bad cases face to face and while we can of course point out unwise parts of posts, and indeed must, as armchair advisers, it is'nt the same.The spirit in which the post was made should also allow sxome leeway for a poorly worded piece of advice. A line needs to be drawn under the affair and we should all support HP, since she is the real victim here, and needs all the help we and the more knowledgeable amongst us can give.
  25. Thats interesting, are we sure they do not have one under Mortimer Clarke or Phoenix?. If they are collecting without a CCL, then they are committing a criminal not just a civil offence - It would be nice to see them hit with this!
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