BRYAN CARTER/EGG -URGENT HELP PLEASE (Allocation Questionnaire)

[Troubled1]

Hi all,

 

Please forgive me for not posting in the correct place, I have spent hours trying to find where to start a post and am hoping someone will help and put this in the correct place.

 

I have 1000's £'s worth of credit card debts, which mainly built up helping my partners business. He was owed a lot of money which would have paid my credit cards off, but ended up having to wind up his company a couple of years ago which left me with all these debts as they were personally taken out in my name alone. I paid what I could and borrowed from one to pay the other and kept on top of things and made some smaller payments, until one company took a massive amount from my bank account leaving me overdrawn... all bills and payments then started to bounce from my bank account and I went down hill from there on.

 

Admittedly I was very stupid and let things go. I have never had to deal with debt and this got me so down. With other personal problems and a bereavement leaving me so depressed, I hid away from the debts which were less important at the time and have 100's of unopened letters. My bf said if I left it they would offered me a reduced settlement figure, of which a member of family offered to help me settle and divide between debtors, but this never happened. The debts just grew into 1000's more.

 

The day came when I received a claim form from the courts on behalf of Bryan Carter, acting on behalf of Egg. The court action scared the life out of me, so I googled Bryan Carter to find his tell number to see what could be done. This is when I stumbled across this amazing site. I spent days tearful reading threads upon threads, but so confused and scared to sign up. There was another in the same boat as me who had also received a claim from BC for a small amount of what was owing, so with the guidance that was given to them by Tomterm8 and pt2537 I defended the claim and have already done the following;

 

xx/06/08 Sent Bryan Carter CCA with £1

xx/06/08 Sent BC Request for information

xx/06/08 Filed my defence to the courts (amended from the forum) and included the "including the right launch to multiple actions in respect of the same cause of action etc..."

 

I received a reply from BC stating;

 

"We have requested copy documentation relating to this account from our client and will forward this to you as soon as it is to hand.

In the meantime, we confirm that we will not enter judgment in default of Defence without having given you 14 days notice"

 

Reply from the courts;

 

They acknowledge receipt of my defence and a copy is being served on the claimant (or the claimant's solicitor) They finish saying "Where he wishes to proceed, the claimant must contact the court within 29 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay"

 

 

I have received nothing further until I received an Allocation questionnaire from the courts, where this has been transferred to my local court. I am due to have the questionnaire returned to the courts today but have been so worried I have left this until the last minute.

 

I have a letter ready to send today to BC which I picked up on this board;

 

Dear Sir/Madam,

 

ACCOUNT IN DISPUTE

 

I refer to my letters dated XX/06/2008 which was delivered via special delivery to your offices on XX/06/08 and my follow up letter dated XX/06/2008.

 

In my letter on the XX/06/2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(1) of the Consumer Credit Act 1974. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XX/06/2008 and XX/07/2008 respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XX/07/2008 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours faithfully

 

On filing out the court questionnaire, can someone please kindly help me as to what to write in 'G' other information. Should I just be sending a copy of all letters that I have sent to BC or should I be making a further statement here also regarding him not waiving the right to bring me back to court for the remainder of the debt? I really am stuck now. Should this have gone so far and will this end up in court?

 

I would be so grateful for any help and also correcting my post to the right place... as long as I can find it.

 

I know from reading the forums that I need to start a new post for each issue, and would like some guidance how to do this. This forum has already given me some strength and with all the help from these amazing peoples stories who have taken control of their lives, I know I must too... on my good days anyway!

 

Thank you very much in advance x

Edited August 15, 2008 by Troubled1

[steven4064]

Hi troubled1

 

Welcome to CAG - you will find lots of help here (as you already have found out )

 

Did BC submit their claim online (ie, does it have case number starting 8XK)?

 

From what you have said, it seems that BC have not sent anything in repsonse to your request under s78 of the CCA 1974 - is that right? You should also write and ask them for a copy of any default notice sent in relation to this claim as they have no right to commence proceedings without having sent one (s87 of the CCA 1974).

 

In section G you can suggest possible orders the court might make -

 

1. that, since no credit agreement has been produced, BC have not demonstrated that they have reasonable grounds to bring the claim and they have not complied with practice direction 16 - you therefore could ask that their claim be struck out under CPR 3.4(2)(a)and©

 

2. As an alternative, you could ask the court to order them to produce the documents you don't have - CCA and DN on the basis that you cannot properly defend their claim without them. In this case, you also ask for leave to amend your defence if and when BC supply the missing documents. Also make sure you include stuff on evidence - they must produce an original of the agreement (para 7.3 of CPR Practice Direction 16) and they must provide evidence of authenticity for any other document (eg DN - s8 of the Civil Evidence Act 1995)

Edited August 11, 2008 by steven4064
spelling and links

[Troubled1]

Hi Steven,

 

Thank you so much for replying, soooo good to know someone is there!

 

I took the questionnaire form into the courts today, attached the letters I sent to BC and also added;

 

"It is also noted that the claimant is trying to conduct this claim contrary to s35 of County Courts Act 1984 as I note the claimant has split once cause of action into two separate claims. This is unlawful as laid out in section 35 CCA 1984 and it is requested that the court strike out this case as a clear abuse of the process"

 

I came home to find a letter from BC

 

"Please find enclosed account documents, provided by our client, as requested. We hope that this clarifies matters and look forward to hearing from you with your proposals for discharge of this account"

 

I was shocked to receive them after all this time. Enclosed was my credit card agreement and my credit card statements from Egg. Should there be anything more?

 

What was really strange is that the first page from Egg was addressed to me saying "This letter is about your Egg Credit Card. It was sent to you on the XX June 2008 Dear xxxxx Please find enclosed the statements that you have requested"

 

I have not received, nor did request a copy of these statements before from egg and the dates on the bottom of each sheet is clearly printed 04/07/2008!

 

Also the last sheet says;

 

Balance brought forward £XXXX

Charge off account £XXXX

Refund of interest £XXXX CR

Closing balance £0.00

 

I do not understand why is it showing a balance of 0

 

 

Now that they have produced the agreement, do I still have any grounds for defence.

 

Thank you again Steven

Edited August 15, 2008 by Troubled1

[steven4064]

Can you post the agreement here (you will need to scan it and put it on photobucket or some other photo site and then post the link here). The agreement may be OK but often they are not.

 

They should have sent a default notice - without having sent one of those they may not make a claim against you - so ask them for a copy.

 

The other thing is, are there any charges on the account - late payment charges or charges for going over the credit limit? If so, you should counterclaim for those plus interest. If they make up a substantial proportion of the debt, you may be able to get BC to back off entirely.

[Mistermind]

Also the last sheet says;

 

Balance brought forward £1,xxx.xx

Charge off account £xxx.xxCR

Refund of interest £xx.xxCR

Closing balance £0.00

 

I do not understand why is it showing a balance of 0

 

Now that they have produced the agreement, do I still have any grounds for defence.

 

Thank you again Steven

 

See thread

 

http://www.consumeractiongroup.co.uk/forum/egg/150167-charge-off-account-statement.html

 

This is normal practice. Egg have written £xxx.xx off their company assets, and separately written off £xx.xx of debit interest unpaid by you (so that they do not incur tax on their alleged income which they never received and now do not expect to receive). This is purely an inhouse balancing of Egg's books of no interest to you.

 

Egg have sold an expected bad debt to BC for a fraction upfront or later, but Egg is still obliged by law to provide documentation as required.Chin up and good luck. They cannot expect blood out of a stone. Egg's owners the Citigroup are now tens of billions in the red and begging for financial help all over the world.

Edited August 18, 2008 by Mistermind

[Troubled1]

Thank you Steven,

 

I'm going to join Photo bucket and try and scan from another pc as it does not work on mine.

 

No default notice, just statements. The only charges that seem unrefunded are 2 x £16 unpaid DD fee's and one £16 late charge fee

 

Do I just send a letter to BC confirming receipt of the CCA/statements and just ask him for a copy of any default notice? Do I need to inform the courts that I have received information from him.

 

I will be back as soon as scan is done! Thanks again.

[Troubled1]

Thank you also Mistermind.

 

For a moment I thought they made an error and I owed zero, not one of those luck ones though. You learn something every day, but I had no idea BC had bought the debt as he is taking me to court as the 'solicitor' for Egg. I have nothing to say that he has purchased the debt. If he hasnt and Egg seem to have sort of written the debt off, at this stage would Egg still take a small payment as settlement.

 

I have another egg card which was taken out back in 2000/2001 unfortunately for a lot more money. Should I be sending them a CCA letter now, or find the company who is chasing me for the money to send it to?

[steven4064]

If BC has purchased the debt, then he should also provide a notice of assigment pursuant to s136 of the Law of Property Act 1925

[Mistermind]

For a moment I thought they made an error and I owed zero, not one of those luck ones though. You learn something every day, but I had no idea BC had bought the debt as he is taking me to court as the 'solicitor' for Egg. I have nothing to say that he has purchased the debt. If he hasnt and Egg seem to have sort of written the debt off, at this stage would Egg still take a small payment as settlement.

 

I have another egg card which was taken out back in 2000/2001 unfortunately for a lot more money. Should I be sending them a CCA letter now, or find the company who is chasing me for the money to send it to?

 

I suggest it will do you no harm to send a Private Message to the author of the thread I quoted, and see if he will discuss in private what proportion Egg would accept as a final settlement in his case. Click on the author's name and a screen will open up for your text. Do bear in mind though it is August the peak holiday season, the only ones who do not take a holiday are the debt chasers.

 

The general impression I get from reading is that if you send your pursuing DCA your CCA request (possibly with a copy to Egg) the DCA will forward it to Egg, and it will make a deeper impression on them than if you merely mention in passing that you have separately asked Egg for CCA. I.E. the vociferous DCA then cannot say they do not realise that non-production of CCA necessitates the hold-up of frantic dramatics.

[Troubled1]

You are only allowed to post URLs to other sites after you have made 5 posts or more. (Trying to upload)

[Troubled1]

Hi Steven,

 

Finally got there.

 

http://i510.photobucket.com/albums/s350/photome68/CCA1.jpg

 

http://i510.photobucket.com/albums/s350/photome68/CCA2.jpg

 

I did ask BC for all the documents in my 2nd letter on 4th June (Request for information) But only received the CCA and CC statements, nothing more.

[Troubled1]

I suggest it will do you no harm to send a Private Message to the author of the thread I quoted, and see if he will discuss in private what proportion Egg would accept as a final settlement in his case. Click on the author's name and a screen will open up for your text. Do bear in mind though it is August the peak holiday season, the only ones who do not take a holiday are the debt chasers.

 

The general impression I get from reading is that if you send your pursuing DCA your CCA request (possibly with a copy to Egg) the DCA will forward it to Egg, and it will make a deeper impression on them than if you merely mention in passing that you have separately asked Egg for CCA. I.E. the vociferous DCA then cannot say they do not realise that non-production of CCA necessitates the hold-up of frantic dramatics.

 

That's a great Idea thank you, will do this now... holidays... does nothin but rain down here:sad:

 

I started opening and organising paper work a couple of weeks ago when I first found this site, then lapsed. All help here today has woke me up from this nightmare and to start doing something about it all. I will be sending a CCA request first thing 2morrow. Sorry if I sound stupid, but do you mean send BC a CCA REQUEST and enclose a copy addressed to EGG for BC to send on, or do you mean send them both a CCA, but also send BC a copy of the one sent to EGG? I am somewhat thick at times.... mostly:)

[steven4064]

THanks for posting the agreement. I have some suspicions about it which I am going to check out. I'll come back to you.

[Troubled1]

THanks for posting the agreement. I have some suspicions about it which I am going to check out. I'll come back to you.

 

A suspicious mind... another smile on ones face:D Thank you!

[Mistermind]

That's a great Idea thank you, will do this now... holidays... does nothin but rain down here:sad:

 

I started opening and organising paper work a couple of weeks ago when I first found this site, then lapsed. All help here today has woke me up from this nightmare and to start doing something about it all. I will be sending a CCA request first thing 2morrow. Sorry if I sound stupid, but do you mean send BC a CCA REQUEST and enclose a copy addressed to EGG for BC to send on, or do you mean send them both a CCA, but also send BC a copy of the one sent to EGG? I am somewhat thick at times.... mostly:)

 

I suggest to send the CCA request addressed categorically to BC. So long as BC is the demonstrable recipient, no harm in mentioning inside the request that you are also sending a copy of said request to Egg. One swing of the tennis raquet fires the ball into two courts. If they later say the left hand did not know what the right hand was doing, you wave said document and claim the point.

[Mistermind]

FT.com / World - Rise in credit card debt charge-offs

 

UK consumers are walking away from their credit card debts in rising numbers, according to a report to be issued on Wednesday by Standard & Poor’s, the credit agency.

 

Average charge-offs – defined as repayments of principal and interest which credit card companies no longer expect to receive – rose to 6.9 per cent by the end of June, up from 6.62 per cent at the end of March.

 

The latest rise is a reversal of the trend that had seen charge-offs falling since 2005. That was the point at which the number of borrowers seeking to dodge their debts by taking out individual voluntary arrangements peaked.

 

Debts overdue by more than 180 days are automatically classified as charge-offs, even if recoveries are made later.

 

Prashant Dwivedi, credit card securities analyst at S&P, said that the rise was all the more surprising because UK card companies had received a rude awakening three years ago as borrowers found loopholes to avoid debt repayment. Since then card companies have tightened lending criteria, raised interest rates and cut individual lines of credit to help limit losses. They imposed tougher standards long before mortgage lenders did so. Also, the performance of some credit card-backed bonds weakened as regulators cut the maximum penalties for late payments that could be charged. The two developments had put the industry on its mettle long before the credit crunch began, Mr Dwivedi said. “In a sense it was a blessing in disguise,” he said. “They got a wake-up call much earlier [than other lenders].”

 

The charge-offs are below the 7.9 per cent that prevailed at the peak of popularity for IVAs but still very much above the 3.0 to 3.5 per cent charge-offs seen when credit card-backed bonds first hit the market.

[Troubled1]

Hi Mistermind,

 

Sorry I could not get on-line the last couple of days. Thank you for all the info and links. Helped me understand a bit more.

 

I suggest it will do you no harm to send a Private Message to the author of the thread I quoted, and see if he will discuss in private what proportion Egg would accept as a final settlement in his case. Click on the author's name and a screen will open up for your text.

 

I did try this doing this on the link that you posted to Andrew1, couldnt get it to work, but I'm thinking that you may have meant Andrew1 himself (sorry, I didn't want to message him incase he wondered what I was on about?)

 

 

I'm still organising all paper work and found that the other egg debt is not through BC and the last letter I seem to have found regading this was from 'Clarity' and in November, so I have a lot more sorting to do, as these companies seem to be passing details on to another by the week.

 

Thank you again.

[Mistermind]

Hi Mistermind,

 

I did try this doing this on the link that you posted to Andrew1, couldnt get it to work, but I'm thinking that you may have meant Andrew1 himself (sorry, I didn't want to message him incase he wondered what I was on about?)

 

 

I'm still organising all paper work and found that the other egg debt is not through BC and the last letter I seem to have found regading this was from 'Clarity' and in November, so I have a lot more sorting to do, as these companies seem to be passing details on to another by the week.

 

Thank you again.

 

Yes, click on the author's underlined name and a window will pop up. Then click "Send Message" in rather small print. No harm in sending a polite PM, not an uncommon occurrence. This site is all about cardholders pooling and sharing info, some of which may need to remain less public. Outstanding debts do get passed from one agency to another. If the dramatics have gone quiet for 9 months, no point in waking up the sleeping dog, but every point in preparing what to do when the dog wakes and barks, or bites.Good luck.

[Troubled1]

Thank you Mistermind, I have now pm'd the author and fingers are crossed x

[andrew1]

Thank you Mistermind, I have now pm'd the author and fingers are crossed x

 

Qui Moi?

[Troubled1]

Qui Moi?

Vous êtes celui ! :grin:(a dû le babelfish ce qu'a signifié il)

[andrew1]

Vous êtes celui ! :grin:(a dû le babelfish ce qu'a signifié il)

 

maybe, but I don't actually speak French :D

 

Can you tell me if you have any confirmation that this debt was sold? You should have received a letter of assignment from both Egg and Bryan Carter if it was a debt purchase.

[Troubled1]

maybe, but I don't actually speak French :D

 

Can you tell me if you have any confirmation that this debt was sold? You should have received a letter of assignment from both Egg and Bryan Carter if it was a debt purchase.

 

Hi andrew1,

 

It just said, Yes you are the One! Had to bablefish it as I don't speak French either:-D

 

Thank you for coming back to me. From what I believe I have not had any type of confirmation that the debt has been sold. When I requested all the info from BC, all that came back was the credit agreement and also statements, nothing else. The court form says that Egg is the client and BC is the solicitor and also the person for payment and correspondence. I am still going through lots of letters, but I have not come across any letters of assignments from any of the companys I owe debts to.

[Troubled1]

Sorry, I forgot to add;

 

This debt is for aprox 1k

Edited August 15, 2008 by Troubled1

[Mistermind]

Troubled1,Egg management have been known to periodically or regularly read this forum. Recently several DCA employees posted with credible detail and authentic tone the point of view from the other side. For all you know BC who chase many cardholders also read this forum.Posting your exact balances will pinpoint your case. No point letting the other side know all your battle plans. During the Falklands War GCHQ heard every telephone conversation between Argentinian commanders in Buenos Aires and Falklands. The better informed side won.You can still go back and edit some fuzziness into the precise figures in your posting -- 1K et al would be close enough. Good luck.

Edited August 15, 2008 by Mistermind