Yes - I have SAR them (EGG) yesterday-

Not sure how to go about trying to negotiate with them-some of the amount is already dispute-

42Man- do you have a letter that covers both discussing a repayment plan with them but at the same time making it 100% clear that some of the amount claimed is in dispute.

Furthermore- i know of all the letters reqiuesting statements,CCA,SAR etc-but is there a letter that simply 'disputes the amount claimed only'

Thanks again

PS/ It's a real pain that i now find that i will end up having to work along side these people in order to come to an arrangement

Hi 42Mann,

Many thanks- basically i can just about read it and so i think i would be clutching at straws if i said i couldn't make it out- excepting the personal details it is the same as in the post:

http://www.consumeractiongroup.co.uk/forum/egg/166209-egg-cca-enforceable.html?highlight=egg

I now need to know what i should do next - they had initially given me 7 days to respond- i have 4/5 days left-

Do i ignore their time limits

do i now have to begrudingly try & negotiate the debt repayment with them??

Please could anyone advice

Thanks

i can just about read it but.... taking out personal details it's exactly the same as the one in following link by another poster:

http://www.consumeractiongroup.co.uk/forum/egg/166209-egg-cca-enforceable.html?highlight=egg

HI ODC,

Thanks for the trouble you have gone to & sorry for my ignorance but i'm still not sure what i do next-- do i send them another letter?

thanks

hi ODC-

Please could you urgently-- the attached ( 3 pages) is all that came after i requested the CCA--

Apart from SAR what, if anything should i do now???

Excuse my naiveity but as the 3 pages sent were all signed i thought that's that and they have provided a proper CCA- i have no idea what they should be sending to my request

Hope i've attached it correctly and deleted all personal items-

If anymore advice then greatly appreciated and also if anyone has answers/advice to my queries in previous post

thanks

CCA 1-EGG-CAPQUEST.pdf

ok-- so far many thanks to SH & ODC- all views/opinions are welcome and certainly appreciated-

The SAR will go off 2moro- i will use the template here asking for everything

I certainly do dispute the amount that CAPQUEST are claiming , they may not view it as serious as it may not be big enough but i do-

As i have moved addresses in last 2/3 years - i have no idea whether they ever sent defaults, assignments etc- i can honestly say that i have never received anything for quite a few years-

for the SAR- i know for a fact that i have had many telephone calls with EGG in the past-- if they do not provide transcripts of this ,then do i have any other options??

initially i was believing myself that it was statute barred ( the SAR request will now show everything)- but i have to say that the more i have gone back and thinking about it- the last payment i made to them must have been mid/late 2003!! and not earlier as i had thought-

So i'll have to rely on other defences for any petition they throw at me--

As i have stated ,at the end of the day as Bankruptcy is not an option, i may end up having no choice but to arrange to pay most of this back-

One thing i have learned is that people like CAPQUEST play on percentages- they buy large debt for a fraction and then hopw they find some mug ( i.e. myself) who'll end up paying most of it so in their eyes its all been worth while and they will carry on and on--

If i could have beat them at this game it would have certainly made me a lot happier- I am not blameless as at the end of the day i incurred a debt and through buisness failure/ job changes ended up defaulting- but then for 3/4 years i hear nothing at all then all of a sudden they attack!!

All advice i have so far received is very much appreciated

Thanks

Many Thanks-

Will keep all informed and will scan & upload agreement.

Will also send SAR-

If Capquest/Egg did send default notices/notices of assignment etc then no idea which address as i'd already moved.

Looking at statements,the last payment made was unfortunately in Early 2004- so not statute barred..

Although the SAR will go off - can this still be disputed prior to them issuing a Stat Demand- Although i do agree monies are owed it is not near the £20K claimed-so should i also inform Capquest that i do not agree with the figure claimed or shall i make no contact with them for a while

Thanks

sorry to Bump-- but quite desperate now as they had only given me 7 days to respond.If anyone at all has any further advice re: my last 2 postings,i'd be grateful.

if this now means that i have to negotiate with them i'll need some advice on that also

thanks

will try to post it up here( although last time i tried something like this it didn't work),in the meantime having got over this nightmare of receiving this i can now be more precise with details-i will also give below a very good idea of what's been received.

firstly, and my error-( card applied for in Dec 1999- but agreement signed JAN 2000)

the agreement is 3 pages:-

1st page starts 'credit agreement regulated by the consumer credit act 1974'

the 5 sub-headings on this 1st page are then :

About You:(personal details)

About EGG: ( postal address of egg)

About your EGG card: LIMITS ( 2 lines of description)

Interest & Credit Charges (15 lines approx)

Repayments ( brief descrption of how they will collect monthly)

2nd page : starts: Important-you should read this carefully-Your rights

this is approx 1/2 page A4 with signatires /date of both myself & on behalf of Egg

3rd Page : Instruction to your bank or Building society to pay by direct debit

As per my earlier post - i feel that i have again ended up in a real mess and one which is very serious as 'statuory demand/ banruptcy' -will lead to automatic loss of job-

They( capquest) have given me 7 days to respond.

Please can anyone advice/help- as i guess i'll need to compromise with them?? not really sure at all and am in a complete faze- it is certainly going to be another very bad xmas

Thank you

UPDATE- and not a good one-CAQPQUESThave produced a CCA ( 2 pages) dated in DEC 99

I am now eriously concerned as i can't pay anywhere near the £20K claimed.

For reasons outlined in earlier post,a statutory demand leading to Bankruptcy is very bad ,only because of my work- Bankruptcy is not an option as will result in my position being terminated...

Please can anyone advice as i cannot go down the statutory demand rpute for fear of being declared bankrupt-

Do i now have to negotiate with these people? they have given me 7 days to respond or face escalated legal action

This is really worrying me and any help appreciated

Thanks- In answer to the questions:

verbally i did tell them that i wasn't happy that all they seemed to be interested in was securing any old price just to secure their commision

the tie-in period came to an end after 16weeks and then i terminated-but sold house a week after with private negotiation between me & buyer...

so legally ,i am screwed as their contract stipulated that if house sold after contract to someone they had previously introduced then liable for fee...problem is we don't have it!!

agents have just left message -stating that if i don't call then they will employ debt collectors to collect this!!

Tha'd be great- i will have to put up some sort of a defence as do not have any money to pay them and also it does seem a lot to pay out for hardly any service in return

Hi,

Basically they are saying that as it was technically a buyer they had previously introduced they are now after their full 1.75%+VAT commission

No 'official ' claim made yet

sorry to be a little thick but not sure what POC means

Hello,

As some you are aware repo order granted on my house in May-- anyway avoided actual eviction by mananging to get rid of property ( well under value)-

However- I have to confess to doing something a little naughty-

The Estate agent did very little( my opinion)- he only seemed interested in me lowering price further--

In the end i privately negotiated with someone the agent had introduced 6 weeks before-

This obviously saved me a few thousand in fees and as i'd heavily lost out on forced sale anyway i wasn't bothered at all about bypassing the agent.

However,it is not a matter oftime before i get a summons from the estate agent as they have been calling me non-stop-At the end of the day their very poor.non-existent service is probably not a good enough reason for me bypassing them but i cannot now pay them anything so will have to defend any action-

If anyone has been in similar situation it'd be good to get a heads up on things to come

Many thanks- they accepted letter on 7th Nov- so the 12 working days expired on 25th Nov

could anyone just advice the 12+2 days---is it then 14 working days the day i posted( 5th Nov) or does the 14 days start the day after posting(6th Nov)- only asking as i need to put a date of when Capquest defaulted on my CCA request

Thanks

Hi Slick- Yes it was Gary's post-- as it also clearly explains many of the stages- thanks for the prompt otherwise i'd have asked a thousand questions by now!!!

Just to say --that one of the threads is indeed great as it is similar to my case---infact the only thing i'm not really sure about is for the affidavit on form 6.5-do i need an appointment in court , not sure who can witness this etc

any help much appreciated

Hi,

Yes- just been going through the related threads and doing some copying & pasting-- thanks

Hi,

tonight i' working on filling out the forms 6.4 & 6.5 to set aside the statutory demand that arrived form capquest by first class post last week- for a debt/reference that i have no idea about..

I have to admit that the forms have confused me and i am not sure how to answer many of the questions:

e.g. on form 6.5 - Q2- is it asking for only 1 of the 8 reasons on form or can i choose a few?

do i also claim any costs on this form?

sworn at ??? is this my court?? do i need to make an appointment?

form 6.4 a to e?

sorry to be so thick here but any help is appreciated

thanks

Many Thanks SH- will keep you guys posted-

On a sample letter from 42Man- where i have to put the date of when the 12+2 expired is it 14 days after I posted the request? I posted request bty recorded delivery on 5th November

Thanks

As still not received any response from Capquest- should i now send out that other letter informing them that they have not complied

thanks

Hi Slick.

yes - will do. I am not sure of the account number but i do have kensigntons address