Egg credit card agreement terminated

[phatram]

What do I do now?

[diddydicky]

write back and say thank you for your letter in which you advise me that you may take legal proceedings

 

Please be advised that i may defend and counterclaim

 

yours sincereley

[brokebutnotbeatn]

DD - excellent. What more needs to be said!

[diddydicky]

shove your letter up your a**e springs to mind but probably best not to!

[phatram]

Thank you for your letter in which you advise me that you may take legal proceedings

 

Please be advised that i may defend and counterclaim as EGG illegally terminated the contract in 2008.

 

yours sincereley

 

Or should it be will defend?

Edited July 29, 2009 by phatram

[diddydicky]

Thank you for your letter in which you advise me that you may take legal proceedings

 

Please be advised that i may defend and counterclaim as EGG illegally terminated the contract in 2008.

 

yours sincereley

 

Or should it be will defend?

 

the whole point was that we MAY take proceedings is a load of B*llsh*t

 

all you are doing is showing them that you know it is B*shi*t and that you can B*llsh*t as well as the next guy

 

they May, you May

 

they Will you will

 

i would change illegal to unlawful

[phatram]

Cheers.

Mrs P:)

[phatram]

Phonecall from MDR. Would that be Moorcroft by any chance? Of course it was.They are muppets!

[phatram]

[diddydicky]

 

more bullsh*t

[CONFUSED45]

Hi

I have an egg credit which was terminated in march 08, continued to make minimum payments,then last november minimum payments were increased from 140 to 286 per month, I did query at the time was told to pay balance back quicker so I carried on paying until april09, when I was unable to afford the repayments, I sent them a full & final settlement letter which was refused, I have not made a payment since, have been issued with a default notice on 4th August09 which I need to pay by 1st september09.

Now my question is can I go back to them and state that the default notice is unlawful as the agreement was terminated by them in march 08?

would be appreciate an urgent response as I'm getting deperate.

confused

[toymaker1]

Hi

I have an egg credit which was terminated in march 08, continued to make minimum payments,then last november minimum payments were increased from 140 to 286 per month, I did query at the time was told to pay balance back quicker so I carried on paying until april09, when I was unable to afford the repayments, I sent them a full & final settlement letter which was refused, I have not made a payment since, have been issued with a default notice on 4th August09 which I need to pay by 1st september09.

Now my question is can I go back to them and state that the default notice is unlawful as the agreement was terminated by them in march 08?

would be appreciate an urgent response as I'm getting deperate.

confused

 

Could you clarify the circumstances in which Egg terminated your agreement in March 08.

For example, did Egg terminate your agreement in March 08 when it was not in default ? Was your account in arrears in March 08?

 

regards

[CONFUSED45]

Originally Posted by CONFUSED45

Hi

I have an egg credit which was terminated in march 08, continued to make minimum payments,then last november minimum payments were increased from 140 to 286 per month, I did query at the time was told to pay balance back quicker so I carried on paying until april09, when I was unable to afford the repayments, I sent them a full & final settlement letter which was refused, I have not made a payment since, have been issued with a default notice on 4th August09 which I need to pay by 1st september09.

Now my question is can I go back to them and state that the default notice is unlawful as the agreement was terminated by them in march 08?

would be appreciate an urgent response as I'm getting deperate.

confused

 

originally posted by toymaker1

 

Could you clarify the circumstances in which Egg terminated your agreement in March 08.

For example, did Egg terminate your agreement in March 08 when it was not in default ? Was your account in arrears in March 08?

quote

 

 

 

I was one of the 161k who had their agreements terminated hadn't defaulted, as always paid by dd, had the interest rate increased prior to termination. I carried on dd's until may09, when I was no longer able to keep up the repayments,due to illness. I sent a full and final settlement offer in april09 which was declined, so I have revoked that offer so they can't come back at a later date and accept.

I'm in a pickle as what todo next, would really appreciate your views.

regards unquote

confused45

Edited August 17, 2009 by CONFUSED45
inserting details

[toymaker1]

Originally Posted by CONFUSED45

Hi

I have an egg credit which was terminated in march 08, continued to make minimum payments,then last november minimum payments were increased from 140 to 286 per month, I did query at the time was told to pay balance back quicker so I carried on paying until april09, when I was unable to afford the repayments, I sent them a full & final settlement letter which was refused, I have not made a payment since, have been issued with a default notice on 4th August09 which I need to pay by 1st september09.

Now my question is can I go back to them and state that the default notice is unlawful as the agreement was terminated by them in march 08?

would be appreciate an urgent response as I'm getting deperate.

confused

 

originally posted by toymaker1

 

Could you clarify the circumstances in which Egg terminated your agreement in March 08.

For example, did Egg terminate your agreement in March 08 when it was not in default ? Was your account in arrears in March 08?

quote

 

 

 

I was one of the 161k who had their agreements terminated hadn't defaulted, as always paid by dd, had the interest rate increased prior to termination. I carried on dd's until may09, when I was no longer able to keep up the repayments,due to illness. I sent a full and final settlement offer in april09 which was declined, so I have revoked that offer so they can't come back at a later date and accept.

I'm in a pickle as what todo next, would really appreciate your views.

regards unquote

confused45

 

Hi

I was in exactly the same situation as you. After some quick research I discovered that Egg could not terminate my agreement if I was not defaulted, so I stopped my £300 a month d/d inMarch 08. I have not paid them a penny since. My last letter was from Trevor Munn solicitors in January 2009. Nothing since.

I note you got an email. My advice is dont reply to Egg via email. Keep everything in writing only. - no emails no phone calls.

 

I also note that Egg have threatened to default you. You could ask them how they can issue a default on an account which they have terminated. If you are still getting letters from Egg, the matter is still in the early stages. Egg will eventually pass it on to a debt company. Dont panic, and take things one step at a time. Every thing I suggest is what I have done myself.

 

You could send them a letter something like this:

 

Dear Sir or Madam

 

Thank you for your email communication dated xxxxx.

 

I am very concerned that Egg has chosen not to provide a response to the points raised by me in my letter xxxx dated xxxxxxxx.

 

As Egg will be aware, I requested Egg to indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with entitlement to terminate my Egg credit card agreement by giving me written notice.

I consider that my request for that information is very clearly understandable and is directly related to Egg's decision to terminate it’s contractual agreement with me with effect from 6 March 2008. In light of that I consider that Egg should have no difficulty in providing me with the information outlined above, and as requested by me in my letter dated xxxx. I will then be in a position to provide a full response to the points raised by Monument in it’s letter dated xxxx , and also to the further points raised by Egg in it’s letter dated xxxx.

 

 

Until this matter is resolved I consider my Egg credit card agreement to be in a condition of dispute. In light of that I have, as Egg will be aware,suspended payments into my Egg account until such time as the dispute between Egg and myself is resolved.

 

I look forward to your very urgent response, in order that the dispute between Monument and myself can be resolved as soon as possible.

 

Yours faithfully

 

 

 

 

 

Best of luck.

Peter

[CONFUSED45]

Hi Peter

 

Thanks for coming back to me, will post your letter tomorrow, I have already received a default notice from egg dated 4th august action required by 1st september 09.

had email on 15th august09 in response to my letter, "we have the right to terminate your agreement at any time and your account was made a repayment only facility if you stop payments to your account your account will default and potential effect to your credit file"

 

I will keep you updated, good luck and hopefully the consumer will win over these bullies who think they are above the law!

thankyou

confused45

[toymaker1]

Hi Peter

 

Thanks for coming back to me, will post your letter tomorrow, I have already received a default notice from egg dated 4th august action required by 1st september 09.

had email on 15th august09 in response to my letter, "we have the right to terminate your agreement at any time and your account was made a repayment only facility if you stop payments to your account your account will default and potential effect to your credit file"

 

I will keep you updated, good luck and hopefully the consumer will win over these bullies who think they are above the law!

thankyou

confused45

 

Dont be tempted to reply by email. Letters only.

 

At a later date, you could ask Egg to indicate to you which part of CCA 1974 provides entitlement to Egg to make your credit card agreement into a repayment only facility. But keep that up your sleeve for possible future use.. It's best to keep to only one strong point in each letter.

 

The things they have told you are complete tosh (thats a legal term!).

[phatram]

Should I be answering this and if yes what should I send?

Edited August 26, 2009 by phatram

[basa48]

I sometimes wonder who is more confused, me or Egg.

 

They 'ended' my agreement in Jan '08, defaulted me in June 09 and 'terminated' me in July 09 !!!

 

And they still want me to pay them ?? Priceless !!

[basa48]

Should I be answering this and if yes what should I send?

 

You could try an edited version of this:

 

Dear Whoever

 

Account ref No. xxxx xxxx xxxx xxxx– In Dispute

 

I am in receipt of your letter dated [date]which I find to be unnecessarily threatening to the point of harassment.

 

As you know I dispute this alleged account and do not acknowledge any debt to your company as thus far you have produced to me no document that can be determined to be a credit agreement let alone a properly executed one. In respect of that I would advise you that I am prepared to travel to your offices if necessary to inspect any such document as you may be required to produce in a court to substantiate your claim. Alternatively you could supply to me a copy of a fully compliant credit agreement that bears my signature. This is a perfectly reasonable request under the CPR.

 

In the meantime, I know of no legitimate cause of action in English law that confers a liability to pay sums of money based simply on account of "requests for payment" (whether repeated or not). Consequently until such time as you produce to me a properly executed credit agreement for this account my position remains the same that I am not liable to make further payments to your company.

 

You are of course free to take such action as you think fit, be this a court action to decide the rights of the parties to this dispute where you will be held to strict proof of your claim, or to supply me with the documentation asked for above when I would be glad to enter into meaningful correspondence regarding a realistic affordable figure as a full and final settlement offered WITHOUT PREJUDICE OR LIABILITY SAVE AS TO COSTS in the interests of all parties concerned.

 

Regards

[phatram]

Thanks Basa.

I'm not questioning the agreement, I'm one of the 160,000 who had the account terminated unlawfully when not in default.

[toymaker1]

Thanks Basa.

I'm not questioning the agreement, I'm one of the 160,000 who had the account terminated unlawfully when not in default.

 

You could send something like this:

 

 

Dear xxxxxxxx

 

 

Re: Termination by Egg of my Egg Account No. xxxx xxxx xxxx xxxx

 

Thank you for your letter dated xxxxxx

 

I would be grateful if, as Egg’s appointed agent, you would indicate to me the relevant section of the Consumer Credit Act 1974 which provides Egg with legal entitlement to terminate my Egg credit agreement with effect from 6th March 2008 merely by providing me with written notification of Egg's decision to terminate the contractual agreement between Egg and myself.

 

In the event that the dispute between Moorcroft Debt recovery, midaslegalservices, Egg Banking and myself is put before a court for adjudication, I will draw the court’s attention to the following points.

 

Both you and your clients, Moorcroft Debt Recovery Limited and Egg Banking, although fully aware that the debt is disputed, have continued collection activity in breach of paragraph 2.8k. of the OFT Debt Collection Guidance.

 

I consider that you have communicated with me in a manner which presents information in such a way that it creates a false or misleading impression and exploits my lack of knowledge, for example my lack of knowledge of the law in relation to your own. Specifically, I am referring to your statement that failure to contact Moorcroft Debt Recovery Ltd by a specific date may result in the issue of legal proceedings without further notice. I consider that amounts to unfair business practice, psychological harrassment and misrepresentation of the correct legal position within the terms of paragraphs 2.2b, 2.3, 2.6f, 2.10a and 2.10b of the OFT Debt collection Guidance.

 

I consider that the manner in which you and your client have exercised their rights under the Consumer Credit Act 1974 amount to an unfair relationship within the terms of S140 of the Act, and I will request the court to make an appropriate Order under S140.

 

I will also draw the court’s attention to the manner in which midaslegalservices has acted in connection with the dispute between Moorcroft Debt recovery Limited, midaslegalservices, Egg Banking solicitors and myself, particularly in relation to,

 

The Consumer Credit Act 1974,

 

The Data Protection Act 1998,

 

The Office of Fair Trading Guidance on Debt Collection and Unfair Business Practices (Updated December 2006),

 

The Solicitors’ Code of Conduct 2007,

 

The pre-action protocols which have been approved by the Head of Civil Justice,

 

The Credit Services Association Code Of Practice.

 

I am confident that midaslegalservices will, as I will, provide to the court full records of the matters to which I have referred, including copies of all correspondence relating to this dispute.

 

 

 

Yours faithfully

[Bosund]

Hi,

 

Don't know what's happened since the last post on this thread but had my card canelled by Egg last year under similar circumstances, not in default, etc.

 

Like others my interest rate jumped in November 2007 and then the card was cancelled in March 2008.

 

One of the things that I've been trying to find out is 'when was the accounts due for termination/cancellation decided'.

 

If it was before November 2007 then did they have a right to increase the interest rates, notwithstanding that they knew the card facility was being withdrawn?

 

Anyone have any info about this or am I barking up the wrong Egg Plant...

[bathgatebuyer]

Not much happened with me - I ended up just paying up the card and forgetting about it! I did argue the case with them but I was getting nowhere with so just paid it up. Felt as if there was a little bit of momentum lost in this, and didn't know where to take it so just left it.

[CONFUSED45]

Hi

 

Just had agreement terminated and advised I was being passed over to third party, as I had not replied to their default notice, which I did do but they have chosen to ignore my letters!

[blackntan]

I think anyone who has paid their debt off has acted admirably.

However, I don't think the banks behavoiur has been admirable at all in the way they have treated people with regard to terminating accounts and sharing data.

Many cannot afford to pay the debt and are harassed by third party debt collection agencies sometimes to the point of SUICIDE.

Toymakers approach and letters are EXCELLENT.