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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
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Paying through arrangement, should I reclaim charges? **WON**


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Hi everyone,

 

Firstly, thanks for everyones hard work and support, have done alot of reading and I wish I knew some of this stuff in my 'debt' heyday!

 

I have one arrangement left which is a default CC account with Egg, payments now made to Intrum DCA. The amount left is large enough so that if demanded I would NOT be able to pay back in one go.

 

If I claimed my 'returned DD's' and 'over limit' charges is there a chance egg would demand the outstanding amount on the account?? I am happily paying off a menial amount every month. The charges total upto around £260 not inc interest.

 

SHould I do it, whats the chance they will ask for full settlement? Thanks for reading.

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You reclaim the charges from Egg not from Intrum. If Intrum own the debt, then any claim against Egg is nothing to do with them.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

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NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Would Egg retaliate with counter threats? They used to do this up to November 2006, but not since.

 

Chances are Egg have sold the debt onto Intrum (Justicia?). If so, unless Intrum in despair pass the bundle back, Egg will no longer be involved with your payment arrangement agreed with Intrum.

 

Egg is answerable to the law for penalty charges which they (allegedly) unlawfully levied on your account, and they are obliged to refund to your good self, not to Intrum. They generally prefer to refund into the bank sortcode and account you nominate, in preference to sending you a cheque.

 

With the Test Case still staying tens of thousands of others, the Small Claims Court is no longer clogged up. Yesterday came news of an Egg reclaim being won in court within 5 weeks of lodging same. Alternatively a CAG letter proven to be effective has been known to win within 1-3 weeks. Your choice. -- good luck!

 

03 weeks - 22 JAN 2008 - WINNING TEMPLATE LETTER - andrew_nwide - WON!! Egg Smashed £900

Edited by Mistermind

 

 

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Steven, Mistermind,

 

Thanks for the informed opinions. MM thanks for the template link, I came across it during research n have it bookmarked for future ref!

 

I assume the debt has been 'sold' to Westcot (sorry got my DCA's mixed up). However, got my S.A.R - (Subject Access Request) statements thru. Now, the account was opened in 2002 and default enterd on my Credit File 2004, yet statements are dated TO DATE. ie they have the monthly amount credited to the egg account every month albeit labled as 'DCA Payment'.

 

Through my reading of various posts I understand that DCA's can 'buy' the debt OR act as 'collecting agents' is this correct? Does what I have explained seem like they are merely 'collecting'?

 

Now that I have explained further are there any different opinions? Thanks for reading! Any kind of knowledge appreciated

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Through my reading of various posts I understand that DCA's can 'buy' the debt OR act as 'collecting agents' is this correct?
Absolutely correct
Does what I have explained seem like they are merely 'collecting'?
It does sound like it

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks S4064,

 

Im in two minds now as I really dont want to 'rock the boat' as it were, but I will carry on researching. Thanks again!

 

Got another question, dont laugh but the following paragraph (below) was in my SAR, taken from templates, I know its asking for something but what exactly? Egg have not answered this question in the reply with the statements.

 

" Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 banking business with you."

 

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What this is for is to ask them whether there has been any event relating to late payments, etc where an actual human has contacted you rather than a computer. The relevance is that contact by a computer costs them about 35p (and most of that is the stamp) whereas they might actually be able to justify a few quid if a human wrote to you. It is an opportunity for them to justify the £16 or whatever. If they have chosen to ignore it, more fool them :p

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Yes, it does look now as if your account has not been closed, but left open using Westcot as collection agents. This increases the possibility that Egg may pay refunds into your still-open Egg account reducing the balance. As they took unlawful charges from said account, hard to argue why they should not put it back whence it was taken.

 

As for victimisation and retaliation, the experience of the forum is that this does NOT happen any more. If it had done, then the scores of Egg cardholders in varying stages of default who did reclaim (successfully) will have screamed in the forum -- which they did not.

 

Time was Egg had a fearsome lawyer called Nelson St Clare, who provoked Bankfodder's post in the sticky section "Is Egg counter-claiming against you". But Mr St Clare went in 2006, and with him has gone hardball Egg.

 

Cheers!

 

 

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...and with him has gone hardball Egg.
or possibly a hard-boiled egg :p

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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lol cheers for the informed advice.

 

i have decided to write asking for a refund and querying the default notice, it is the only blemish on an otherwise perfect file. yet it counts against me nearly everytime, i will send the prelim today (16/05/08) and keep the thread updated.

 

Thanks again!

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  • 2 weeks later...

UPDATE

 

Egg will refund the £260 back onto the account, which I guess is fair as I owe them £6k. Took 2 weeks from prelim, they replied within 7 days so i sent an lba giving them further 7 days. I doctered the andrew n_wide letter.

 

I did ask for a copy of my agrreement AND default notice with the prelim (2 weeks ago) but by mistake i said i would give them 28 days to comply lol (my fault should have read up on my statutory right, ie 12 days!) I havnt recieved anything yet, should I give them the 28 days I said i would?!!

 

Finally a huge thank you to for the help from this forum, donation will follow.

 

I am now chasing Lloyds for current account AND credit card, will keep you guys posted in the correct section

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Well done fine - is £260 what you were claiming?

 

you may have given them 28 days but the Consumer Credit Act gives them 12 as they well know

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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You could write and tell them that, as they have not complied with your s78(1) CCA 1974 request within the statutory period, they are in default and, under s78(6) of the Act, must not attempt to enforce the alleged debt until they comply. This means that, not only must they not demand payment, they must not add any interest or charges and they must not communicate any information concerning the account to any third party including, but not limited to, any credit reference agencies. Any of these actions would be a summary offence under the Act.

 

(title changed)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 3 weeks later...

Thanks UPDATE

 

I wrote to egg telling them they are in default, giving them a further month. I have written to the CRA's stating that egg were in default and asking them to remove the 'default notice' from egg.

 

awaiting replies . . .

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