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Help needed im4347 Vs EGG/DLC**DISCONTINUED**

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Hi all

 

My wife and I have debts with the following companies:

 

EGG/DLC - credits cards both of us

Barclaycard/Mercers - credit cards both of us

American Express/Newman - credit card myself

CitiCard/Capital Collection Agency - credit card myself

Marbles/HFC Bank - credit card myself

Natwest - credit card myself

 

(will be starting separate threads for each company)

 

Anyway, getting back to EGG

 

All was going fine until both of us were out of jobs for the past 3 months, and are now on Job Seekers Allowance. I called EGG and explained my situation and they were not at all helpful, instead they issued me with a default letter stating that I have 28 days to bring my arrears up to date otherwise they would serve me with a default, which they did and passed my account onto DLC.

 

I then had numerous calls and letters from DLC regarding payments. I told them my situation and arranged to pay small amounts each month (£5-10), even though they wanted £100 per month, which was impossible. A few months later I received a letter from APLINS Solicitors giving me 14 days to pay the Full Amount!!!

 

We then sent all our credit card companies and DCA's a request for our CCAs on Thursday 1st November 2007.

 

On Friday 2nd November I received the 'Particulars of Claim' from my EGG card which are as follows:

 

"The Claimants claim against the Defendant is for the amount due and unpaid as at todays date under a running monthly credit account."

Amount Claimed: £9218.15

Court Fee: £190

Solicitor's Costs: £100

Total Amount £9508.15

Obviously there are late charges, overlimit charges and interest included in the amount claimed.

 

The Court is Northampton County Court', I contacted them and asked for the 'Date of Acknowledgment', which is the 19th November 2007, and the 'Defence due date' being a further 14 days from then, 3rd December 2007.

 

Any advice appreciated as to where we go from here?

 

Thanks

IM

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Hi,

 

if the default notice which Egg Served you is made up of penalty charges it is possible in my opinion to have the default over turned on the authority of Woodchester Lease Management Services Ltd v Swain

and Co - [2001] GCCR 2255 which set out that where a default notice contained an incorrect figure it is void and would be cancelled.

 

if this default notice figures are made up of penalty charges its fair to say the figures are wrong and therefore gives you sufficient grounds to challenge it in my opinion

 

also, have you requested a copy of the credit agreement and other documents which Egg are going to rely upon? you are entitled to this info and can request they supply it under the Civil Proceedure Rules

 

this would give you the opportunity to atleast buy you some time, the court if in agreement with this arguement would rule the default notice invalid and could end this action as the claimant would not be allowed to take legal action without first issuing a default notice under s87 CCA 1974

 

If you want any further help please let us know

 

Kind Regards

paul

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In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Egg Plc.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

 

 

Heres the CPR letter, i have borrowed this one from tomterm8s thread,

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Thanks Paul, sent the CPR letter today by special delivery.

 

Further to you're questions, we did send off a letter and a payment of £1 for my CCA on Thursday 1st November. Have'nt heard anything as yet but, I will give them a call tomorrow to chase it up.

 

With regards to the default, I had a few missed payments and when I checked online lastnight (as EGG operates mostly online) to see my statements and to check what charges and interest is being added to my account, surprisingly my last few statements are not there....bearing in mind I have made a few payments, £50, £5, £10 over the last 3 months, and only the £10 is showing in the statements. I have checked with my Bank that I made the payments through and according to them, EGG/DLC have received the money for all 3 payments!!

 

I will check with EGG on what grounds they served me the default.

 

Will keep you posted.

 

IM

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Hi IM

 

the key here is that the figure that you are required to pay to remedy the default contained in the Default Notice MUST be accurate. therefore if they have put 900 for example and it should have only been 850 the default notice is invalid and therefore they have not complied with the consumer credit act 1974 provisions and therefore are NOT entitled to take legal action as they are not allowed to enforce the debt through court until they issue a default notice

 

basically what i am saying is if the figure they are quoting in the default notice is made up of late payment charges even if its only one it gives grounds to challenge the validity of the notice

 

Regards

paul

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Hi all

 

I am out of work at the moment and on Job Seekers Allowance. I haven’t been able to keep up my payments to EGG for the last 3 months and notified them of my situation. They basically said pay your Arrears and Overlimit amount or we will serve you with a Default Notice.

 

I received a default notice Served under Section 87(1) of the Consumer Act 1974 stating that to remedy the Breach I have to pay the Arrears and Overlimit amount by the 20th November 2007 otherwise they will be taking further action (legal proceedings, Registering the default,etc).

 

I requested my CCA, please see attached.

 

Could anyone please let me know if this is a valid CCA?

 

Thanks

SKS

Egg CCA.pdf

Edited by im4347
Attachment was'nt clear

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Hiya,

 

can't see the attachment, could you try and upload again

 

kind regards,

shane


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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi Shane

 

Please see original post again, I've re-attached a pdf.

 

Thanks

 

SKS

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Hiya,

 

So this account was applied for online then?

 

Well, the account was opened in 2005 and that is very clear in the statuatory layout, they have listed all the prescribed terms, them being Credit Limit, Rate of interest and repayments and I would assume the ticked box you completed is complaint with the electronic legislation to deem as your signature, on that basis technically speaking it is broadly enforcable. I need to look into the electronic regs, will post back when i find a definitive answer.

 

Were there any t&c's sent with the CCA? And a statement of account? Do you believe there may be unlawful penalty charges on your account?

 

kind regards,

shane


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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi Shane

 

Yes I applied online, but it just stated and stiil does as an online application form on their site, not an Egg Card Agreement.

 

They sent me no T&Cs, and yes there are overlimit charges and late payment charges which were the actual cause of going over my credit limit. They have not supplied me with my statement of account.

 

Hope this helps and hope to hear from you soon.

 

Thanks,

 

SKS

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Hiya,

 

Ok so firstly they have not complied fully with your request, the Act clearlt states a statement of account must be supplied as well as any document referred to in the agreement, which includes any further t&c's and also the cancellation details they should of sent you. The Act also states that if they do not comply fuly within 12 days they are in default and if a further 1 month passes they commit a summary criminal offence, while they are in default they cannot enforce the debt in any way.

 

Did you send the CCA request via recorded delivery? If so when was it signed for by them?

 

I would be inclined to also cotact your local trading standards once they've comitted the offence.

 

I'll draft a letter up for you to send back to Egg later on this evening

 

kind regards,

shane


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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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I would also suggest you send a SAR to Egg, you can then work out all the penalty charges and begin claiming them back


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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi Shane

 

Thank you for the efficiency in getting back to me, really appreciate it.

 

The CCA wasn't Recorded delivery, but they have acknowlegded the £1 and have sent me a letter confirming my request.

 

Thank you for drafting me a letter and could you please send me a template/link to the S.A.R - (Subject Access Request) letter to send to EGG.

 

Look forward to hearing from you.

 

Many thanks,

 

SKS

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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi again,

 

I would suggest you send them the following letter

 

Dear idiots,

 

I refer to your letter dated xx/xx/xx in response to my CCA Request. You have failed to provide me with the original terms and conditions that the purported agreement makes reference to. As I'm sure you are aware the Act deems you must send this information as part of my request and until you furnish me with a copy you remain in default and cannot enforce the agreement.

 

With regard to your notice to serve me a default notice,i would remind you that in accordance with the OFT guidelines on debt collection and the Banking Code you are not permitted to take any action on the account whilst the dispute remains unresolved, should you fail to do so I will not hesitate to contact trading standards, the office of fair trading and the financial ombudsman service.

 

I would also draw your attention to the Distance Marketing Directives that came into effect in October 2004. This agreement comes under this critera, as such I should of been sent cancellation rights in order for you to comply with s127(4) of the Act. I can confirm I have never received any, making this agreement irredeemably unenforcable.

 

I now require you to immediately discharge any outstanding balance to 0 and inform me of this in writing forthwith.

 

I would appreciate you due dilligence in this matter

 

regards,

xx


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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi Shane

 

Thanks for drafting the letter and the links to the S.A.R letter, much appreciated.

 

Would you still suggest I send the S.A.R letter aswell as the letter you drafted? :confused:

 

Regards,

 

SKS

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hiya,

 

yeah i would regardless of whether thet write the debt off or not you still have the right to claim back penalty charges, don't forget to enclose the £10 fee with the sar

 

 

kind regards,

shane


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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi

 

Please see attached a letter I received from Hillesden Securities with regards to my CCA request on the !st Nov. I actually sent it to DLC but these guys have replied.

 

Still waiting for a response with regards to the CPR letter that I sent Special Delivery on the 5th Nov directly to EGG, which they have received on the 6th Nov, bearing in mind the 'Date of Acknowledgment', which is the 19th November 2007.

 

Regards,

 

IM

Hillesden Letter 071107.pdf

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Well thats a bunch of, whats the word, Bowlarks! they state that if they cannot supply a copy of the original they will send you a 'true copy' of the agreement and that this will suffice the criteria of a s78 request.

 

True

 

Can they enforce the debt without the original agreement that is signed by the debtor, Absolutely not, s127(3) is a complete defence, without the original signed agreement an enforcement order cannot be granted

 

regards,

shane


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All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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regardless of whether thet write the debt off or not you still have the right to claim back penalty charges

I assume you mean reclaim them to reduce the balance that they would potentially be writing off Shane, as they can't be reclaimed after the account has been written off as they were never paid in the first place.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi rory,

 

Yeah that's what i meant, was kinda doozing at half past 2 in the morning!

 

On on first pass it is unlikely they will comply fully and discharge the debt, likely they will um and ahh and try to wriggle their way out of it, sending the SAR gived you not only the full transactional history of the account (ie to see charges) but also shows all the other documents they hold on you in entirety as they must send everything.

 

kind regards,

shane


____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Hi

 

The date of service/acknowledgment of service is Monday 19th November 2007 (3 days time), I 've not received my CCA or a reply to my CPR letter apart from the letter I had from Hillesden regarding my CCA (see above).

 

I'm planning on replying to the Court online (MCOL), as the 12 days for EGG are up today, leaving me very little time to get back with my response to the Court.

 

Can anyone advice me on how to complete the form online and is it possible to include my letters, request for the CCA, my CPR letter, and the letter from Hillesden?

 

Thanks,

 

IM

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Hi,

 

are you ok preparing your defence to this claim?

 

if you need any help let us know and im sure we can put up a good defence for you

 

Regards

paul

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Hi Paul

 

Thanks for your reply.

 

The acknowledgment of service is on Monday, do I ask it to be extended to 28 days?..........and am I correct in defending the case?..........

 

I would appreciate your help in preparing my defence.

 

regards,

 

IM

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Hi, right you need to acknowledge service, the best way to do this is through Mcol ( Money claim online) .it should tell you on the claim form you were sent how to do that

 

now acknowledging service and stating your intention to defend will give you an extra 14 days to file your defence

 

now then, have they supplied you a copy of your credit agreement in response to your cca request?

 

have you requested Disclosure under the CPR?

 

i can help you writing the defence but its your decision ultimatley if you want to defend, i tell everyone the same at the end of the day, you will be the one attending court not me.

 

 

 

Regards

 

paul

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2961 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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