Annalh v Egg/DLA/Eversheds ** Judgement given by court **

[ANNALH]

Hello,

 

I submitted a Data Protection Act request to both to which they didnt respond, so submitted an N1 form today for non-compliance.

 

Also wrote to DLA demanding a copy of the credit agreement, notice of assignment and any default notice etc, and denying any liability for the debt.

 

Just got to wait now.

[ANNALH]

Egg did not supply the credit agreement within 30 days so i reported them to TS and wrote back saying i do not acknowledge any debt and want all monies paid returned to me etc. I sent this off by recorded del. yesterday.

 

Guess what i get in the post today.....the agreement and full statement of account!

It was dated the 11th which was the 32nd day! what do i do now? they were outside the 30 days so they committed an offence and they still havent provided a copy of the default notice (there is no default registered on any of my credit reports-the account isnt even on there. The loan was taken out in 1999 but they say there was a default notice produced in 2001) Am i right in thinking theres nothing i can do because they supplied the agreement eventually??

[ANNALH]

I just checked my credit report and my Egg account is now on there - it never was before and the loan was taken out in 1999.

 

Problem is they have also shown the default. Egg failed to provide a copy of the default notice within 30 days but provided the agreement. I filed a notice of dispute with equifax to tell them to take it off because they cannot prove a default notice was sent (apparently it was sent in 2001).

Can they put the account and default on my credit report after all this time?

The way it looks is that the default was registered at my current address, which it wasnt but when i look at my score it says 'you have one default registered at your current address'.

 

What should i do?

[DazNorthants]

The default will be with you so will move with address.

 

With my Amex account I wrote and asked for copy of default notice. To be honest their reply dropped them in it. i.e. they admitted it wasn't issued.

 

Write and say (if you didn't receive a letter advising they wanted their money back or else they would cancel the account ) you did not receive a copy of the default notice as required under section 88 of the CCA. If they cannot supply it then ask them to remove the notice forthwith or you will seek damages resulting from the use of incorrect information. You won't get much out of credit reference agencies. They just ask Egg if Egg say it's correct they believe them. I wrote to one credit reference agency and suggested that as Amex had admitted they (or in your case could prove) they had issued a default notice then it can be assumed the credit file is misleading, which means they have a legal duty under the DPA to remove it.

 

Hope that helps.

 

[BankFodder]

What is the date of the default notice? Is it now or is it 2001?

If it is now then should ascertain whether this means that it will run 6 yrs from now. Does it give any other details - the date of the actual default?

[ANNALH]

I never had the original default notice and when i asked for a copy their solicitors said 'they have confirmed a default notice was issued in Feb 2001'.

 

The default notice on my credit file says default date 28.03.01.

[ANNALH]

OK, I think i have confused Egg's solicitors - DLA.

 

They have got 2 letters i sent them as follows;

 

1. Says you are in breach of cca and committed criminal offence etc for not supplying data within 30 days (it arrived on day 32). So therefore I do not acknowledge the debt and request repayment of all monies taken by yourselves etc etc.

 

2. Says most of the balance is made up of charges therefore please deduct a total of £x as this represents unlawful charges etc etc and i will settle the balance.

 

They say they are happy to refund any 'unfair' charges per my letter 2.

But they are confused by letter 1. as they have now provided the data.

What do i tell them??

[Glenn UK]

I would report them to trading standards for failure to comply with the cca, 32 days is not complying.

 

I dont think this helps you really, but it might make you feel better.

 

I would write back and insist they send the copy of the defualt notice, i think the request is for a 'true copy'. You dont want a photcopy that you cant read, id check this up to make sure you ask for the right thing.

 

their reassurance is not cokmplying with your right to see the default notice i believe.

 

I hope that BF or somoene else with more knowledge posts back onthis issue but i think they have to supply the default notice copy under the CCA.

 

JMHO

 

GLenn

[ANNALH]

Trading Standards said there is not a case for prosecution.

 

Egg have said they will refund my charges to my account but cant remove the default, I said as Ive already filed the claim online i told them they now owe me more than i owe them and any settlement offer must include removal of default.

 

Found out today, claim issued on 29th August and they acknowledged it on 2nd September - QUICK WORK!

 

Their solicitor decided to email me a copy of the default notice on 1st September that was faxed to them by Egg, funny how they have been able to find it now eh? I don't know whether to believe this is a copy of the original because I don't know if we ever had one sent.

 

This default is really affecting my family as every time my credit file is checked it comes up, even when we move house (we rent at the moment) even the rental companies look down on me because of this. We want to get a mortgage in a couple of months but dont think we have a cat in h**ls chance to be honest. Its so frustrating because I was in a completely different financial situation all those years ago but it still haunts me and I can't move on.

 

I REALLY WANT THIS DEFAULT REMOVED.

[ANNALH]

Can anyone tell me why you think they acknowledged the claim so quickly??

 

As they have said they are prepared to refund the charges (just that they didnt meet my deadline so now i have claimed +interest and costs)

I dont want this dragging on for months because i NEED TO GET THIS DEFAULT REMOVED.

Should I make them an offer along the lines of...

"I will forget the interest and costs if you agree to show the account as settled and remove the default?"

 

ANYONE?? PLEASE??

[angry cat]

Hi ANNALH- I am in a similar position as you! but with Morgan Stanley Bank who registered a Default against me - even though I had issued them with a statutory Notice Pursuant to Section 10 of the Data Protection Act 1998! I have also requested a copy of my original Credit Card Agreement, which has not been provided. Re: The Default, go to the Forum Litigation Section on 'How to get a Default removed'. In fact that is exactly where I am going to look now!!! I totally agree with your thoughts - quote "this default is really affecting me and my family, as every time my credit file is checked it (the default) comes up. Even when we move house and even the rental companies look down on me because of this" "Its so frustrating because I was in a completely financial situation....., but it still haunts me and I can't move on" I understand your thoughts completely ANNALH & Ditto!.......My advice would be, do not Cave-In! Go for Egg and demand that the Default be Removed. Pleassssseee, do not even consider forgetting the interest & costs, why should You??? Hey ANNALH, please do not accept Egg's Bullying tactics..............I HATE BULLIES. Keep the Faith and LOVE from Angry Cat Please be aware, that I am simply a member of the BAG/CAG and the above, is simply JMHO (just my honest opinion) AC

[ANNALH]

DLA emailed me today to say they have been dis-instructed and Egg ar now dealing with it inhouse.

 

Why do you think this is?

[ANNALH]

Had letter from DLA today (thought egg were dealing with in house now??)

They are threatening to take me to court if i dont pay the balance outstanding, which they say is £3599!!! Funny because they sent me a statement of account last month saying it is £2114.

Anyway I got on the phone to Brian Gibson their legal exec and he apologised profusely and said it was a mistake and i should talk to egg about the matter in future.

I am still waiting to see if they settle because the amount i am claiming is more than what i owe them because the balance of £2114 is made up of charges.

I havent heard from them for awhile. Hope they decide to settle before the hearing.

They already agreed to refund the charges when DLA were dealing with it but now it includes interest they dont want to know.

I wish they'd make up their minds and stop confusing me.

[ANNALH]

Also had a letter from Egg regarding my LBA i sent to try to get the default removed.

I said if they didnt remove it i would seek financial compensation for the increased interest rates i have had to pay as a result of this default.

I need to work out how much that is now. Can anyone help me?

[blackrain]

ANNALH, no expert but a default only stays on your credit file for 6 years. If it was issued as you say on 28.03.01. It will be off next April 2007. Fight them by all means but hang on for the mortgage as you should be ok.

 

By the way forgetting all that I hope you get as much as you can as all the banks I have had to deal with these have been quite frankly the nastiest. I would imagine it has something to do with their profits. Not exactly coining it are you?

 

Sorry. Mini rant over!

[ANNALH]

The deadline for filing all documents with the court was yesterday so i gave them full details of the claim with a list of charges added to my loan account and the reasons why i think they are unlawful as they had asked for.

I said the charges were a penalty, there was no clear structure for charging and with charges up to £435 per day i did not think that was fair in relation to the amount i was in arrears.

plus they had already offered to refund the charges until i filed a court claim.

plus they then changed their tune and said they could find no evidence of charges being added????

 

every trick in the book eh?

[blackrain]

Who are DLA? I am dealing with Eggs debt collectors and they are DLC. Is this another company?

[ANNALH]

Yes DLA is a different company. in fact DLA are now Optima Legal Services.

[ANNALH]

Im still waiting for a court date. The court has taken longer with this one than all my others, they keep asking for info too so im hoping egg will make an offer as it looks like the courts are giving my case a lot of thought.

 

I think this is because Egg have already offered to settle in full prior to court action but they replied after i had submitted a claim online (they waited until after my deadline). Well tough luck Egg you shouldnt have been trying to play me.

 

I have provided a copy of Egg's correspondence to the court where they offered full settlement, and the subsequent correspondence where they changed their minds for no apparent reason other than they dont want to pay the interest and court fees that have now been added. We can see through you Egg and so can the court!! haha

[ANNALH]

I just see dla's letters as another attempt to put me off. I have gathered a lot of case info and other info to back up my claim and I am fully prepared for my hearing - I just wish the court would hurry up and set a date!

 

See you in court EGG!!!!! Looking forward to it. x

[ANNALH]

OK. Here are some of the points I intend to bring to the courts attention regardin my claim;

 

1. There was no clear structure for charging and with charges up to £435 per day i did not think that was fair in relation to the amount i was in arrears.

 

2. Egg have already offered to settle in full prior to court action but they replied after i had submitted a claim online (they waited until after my deadline).

Now they are refusing to settle (presumably because they don’t want to pay the additional interest and costs!

I have provided a copy of Egg's correspondence to the court where they offered full settlement, and the subsequent correspondence where they changed their minds for no apparent reason.

 

 

3. Egg then changed their tune and said they could find no evidence of charges being added????

 

4. Egg didn’t put the default on my credit file until I took court action against them, therefore they stopped processing my data and then restarted (without my permission) as revenge for my suing them. This is unlawful as the agreement had ended and therefore my permission to continue processing my data had ended.

 

5. DLA clearly have got their records in a right mess as I had letter from DLA today saying they are threatening to take me to court if i dont pay the balance outstanding, which they say is £3599!!! Funny because they sent me a statement of account last month saying it is £2114.

Anyway I got on the phone to Brian Gibson their legal exec and he apologised profusely and said it was a mistake and i should talk to egg about the matter in future. I think they are trying to scare/confuse me into paying the balance outstanding which I may point out is made up of the unlawful charges I am reclaiming!

[ANNALH]

bump

[ANNALH]

Had a letter today from Egg.

 

They have appointed Eversheds to act for them.

 

Is this good or bad? anyone heard what Eversheds are like?

[ANNALH]

Had an offer from Eversheds, and a Tomlin order. They got the amount wrong though so i have advised them to amend their offer.

[countrybake]

hi annalh i to was told early feb that the solicitors are now eversheds and i have also had an offer and tomlin order, i wrote back saying no and wrote the conditions down that i would settle out of court ie no confidentiality clauses and a letter from egg saying they will remove default and for the full amount in way of personal cheque.

i think they have appointed eversheds on the instructions to get rid of us long time claimers, not long now for full settlements.

all the best CB