Paying through arrangement, should I reclaim charges? **WON**

[finestm]

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.

[steven4064]

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.

[Mistermind]

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 May 15, 2008 by Mistermind

[finestm]

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

[steven4064]

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

[finestm]

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."

 

[steven4064]

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

[Mistermind]

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!

[steven4064]

...and with him has gone hardball Egg.

or possibly a hard-boiled egg

[finestm]

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!

[finestm]

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

[steven4064]

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

[finestm]

hi steve,

 

yes mate tht was the total amount not including interest.

 

any suggestion re the cca request?

 

PS please change the thread title to WON!!

Edited May 30, 2008 by finestm

[steven4064]

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)

[finestm]

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 . . .