Egg debt and Moorcroft

[Lilythepink]

My debt was passed to Moorcroft from another dca, so I immediately cca'd them, after joining these forums.

They have sent me a letter back asking for the usual information that I would be using etc.

They are trying to get the credit agreement, but until then I should be keeping in contact with them, and try to come to an arrangement.

What is the next step????

[creditcardmug]

If they haven't complied with your request after 14 days, send them an account in dispute letter, and stop paying them.

 

Who is the original creditor? is it a loan/credit card?

[Lilythepink]

It is Egg???

Also, my dmc do not sort of agree with all this asking for agreements etc. I am only paying £1 on each of my 13 debts for the last year or more. So they are getting nothing anyway.

Lily

[creditcardmug]

Well just offer them the £1 as you were paying before

[Lilythepink]

Yes that is all my dmc are offering them, but I will wait and see what Moorcroft come up with..... thanks

[Lilythepink]

No word from Moorcroft, so I am going to put the account in dispute.....

I completely forgot about them, with all the other debts......

[Lilythepink]

Moorcroft replied today, with an Egg credit agreement, it looks ok to me, and I have signed it 10 years ago. they say they will put my account on hold until the 16th Feb. My scanner does not seem to be working at the moment, but I need to know what I say to them, as I think the agreement looks ok.

I will try and scan the agreement on tomorrow, as my scanner has decided not to work tonight

I need to send something tomorrow to them, to stop them annoying me.....:!:

Edited February 13, 2009 by Lilythepink
spelling

[Lilythepink]

Trying to get this sorted out at last, and I got the agreement that they sent me scanned, will upload it, and see what you think?

Egg agreement 20001.pdf

Edited November 15, 2009 by Lilythepink
Could see my name on the scan, although I had blanked it

[Lilythepink]

bump,

[teed_off]

Hi

 

If you look at other credit agreements that have been posted on this forum I think you'll find that the one you uploaded is not enforceable. All the terms and conditions and the amount you pay and interest rate etc should be on the same sheet of paper as your signature, etc.

 

Send them this - if this incorrect I will stand corrected by those who know better :

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully,

 

xxxxx (type, don't sign)

 

 

Hope this helps

[Lilythepink]

thanks teed off, just thought it didn't even look right, thanks again, will send letter off tomorrow and see what they say...

 

will I bump and see does anyone else agree

Edited November 16, 2009 by Lilythepink
Wanted to ask further opinion

[master woody]

I thinks its's unenforcable! check out this excellent thread by the king of CAG our very own PT!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

[Lilythepink]

I have just received a very strange offer from RMA, to settle for 0.00 to pay a debt of just over £12000, Is this possibly a mistake, as I have been paying them originally Egg, for over 10 years.

 

It says it will give me a saving of the amount I owe?

 

Really weird or what

[dx100uk]

why have you been paying a dca blindly for 10yrs without ever questioning the debt?

 

dx

[Lilythepink]

Sorry,should have CCA'd them, but do you think this is why this strange letter has arrived...

[dx100uk]

it prob an automated letter

that the computer system has sent out

 

what it points to is the fact that you prob owed NOTHING

in the first please

 

but they've been quite happy for you to make donations

to the fund to fleece other people like

you by sending out 1000'00's of spoof debt letters

that they have no legal right to even collect upon.

 

dx

[Lilythepink]

It is very strange,

 

because it says if I want to take up the offer,

 

I have to before the end of July.

 

As you say there must be no agreement there, as it was taken out in 2002.

 

But have only been paying them £1 token payment.....

 

Shall I tell Payplan that RMA seem to have written it off.

[dx100uk]

like 90% of your debts

 

i'd be dumping PP

 

they never do any checks just believe what DCA's say you owe and sign you up to pay them

 

dx

[Lilythepink]

I am telling everyone to avoid them, as they are completely useless. Will I CCA these RMA people or just leave it?

[jason_mnm]

I got same letter. As per contract law I guess they have given us the offer, so they cannot ask any of it then. Am i right. Please advise anyone expert in contract law. However before I got his letter I called them and they found very nice and helpful.

Edited June 29, 2013 by jason_mnm
add

[dx100uk]

contract law...its a phishing letter

 

give it to you hamster

 

dx

[jason_mnm]

well.. is that letter useless.. can we not do anything for this letter?

[renegadeimp]

Do as dx advises and DONT PHONE THEM.

[Lilythepink]

Will they realise the letters that they have sent out, and the letter is a legal document is it not?

I really don't know what to do, as if I poke them, I feel they might get back to harassing me?

[dx100uk]

legal doc?

 

never ever known one of those from a dca:lol:

 

what makes you think that?

 

dx