Lollipop VS EGG

[basa48]

My Egg account has been in dispute since early March. All I've had is letters explaining they've complied with s.78 (they have sent an agreement and T&Cs) and reminding me I've not paid.

 

Expecting the DN any day.

[pyoung7453]

Hi all,

 

New to this site but in dispute with Egg. Had a copy of my agreement and same as lollipop's i.e. took out in 2001 and the wording around credit limit is vague. I have sent of my Access request with £10, they have cashed it so lets see what comes back.

 

After reading this I will be sending a letter via registered mail in the next few days putting the account into dispute.

 

This all started because I am unemployed and my St Andrews payment protection has not kicked in (they found a loophole in the T&C's).

 

I am so close the edge I am nearly bankrupt so I do not give a fig what they do to me, indeed I may get free legal advice...lol

 

Oh..I was also terminated in 07 whilst being a good payer and not in arrears. I am still not sure what this really means through, or how I could use this against them...any ideas?

 

I will keep you all in the loop on this also.

 

I really do hate Egg, they are worse than Dick Turpin!

[cas93]

Hi PYoung

 

when you put your acc in dispute letter in, its worth including a bit telling them not to ring you. As soon as you stop paying, you wil be inundated with calls from them. Mine has been in dispute since january, and they gave up quite quickly but passed it onto dca's DLC,ARC and now Moorcroft. I just keep sending th "acc in dispute - go away" letter

 

good luck

 

cas

[pyoung7453]

Thanks cas93,

 

I have included this in all correspondence from day-1. I have a bit of knowledge about 'identity theft' and keep stating this in my communication's i.e. i will not discuss on phone due to high risks of id-theft, this being my right.

 

 

A copy of the letter sent:

 

28th May 2009

Sent by registered post

Dear Sir.

 

Account number xxxxxxxxxxx - IN DISPUTE

 

I write with reference to the above account, which I now consider to be formally in dispute for the following two reasons.

 

1. Credit Agreement

 

You have provided me with a copy of a “Credit Agreement regulated by the Consumer Credit Act 1974”.

 

No “Credit Limit” has been stated – this is a prescribed term set out in the Consumer Credit (Agreements) Regulations 1983, as required by section 61(1) of the Consumer Credit Act 1974.

 

As the agreement has been improperly executed, it is only enforceable by an order of the court, by virtue of section 65. However, since it does not explicitly state the term “credit limit” (rather, it mentions only an "Approved Limit” and indeed does not sate any ‘credit limit’ set by you, or any limit that I might have chosen from the outset of any agreement, or indeed the mechanism that would be used to set any such limit at the time or in the future), as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of section 127(3).

Unfortunately this information has only come to my attention since receiving a copy of this document from yourselves and the recent issues that I have had, otherwise I would have brought this to your attention earlier.

 

2. Payment Protection Insurance

 

You are already aware of my issues in regard to your Payment Protection Insurance as stated in my letters dated 26/4/2009, 3/5/2009, 8/5/2009 and 9/5/2009. I note that I am still awaiting a response on my last letter dated 8/5/2009 addressed to ‘customer relations’. I still deem this issue to be unresolved and therefore still to be in dispute.

I also note that the agreement copy that you sent to me has the word ‘APPROVED’ in large letters stamped across a section on ‘payment protection’ that makes this section somewhat illegible.

As I result of the above 2 points I consider this account to be in dispute.

 

Future conduct

 

I trust you will be in a position to remove any adverse notices that has been registered by yourselves with any credit reference agencies prior to this letter, as required by the Data Protection Act 1984.

 

Furthermore, please be aware I will still only respond to written contact. You remain under notice that I will not discuss personal or confidential matters over the phone under any circumstances whatsoever due to the ongoing risks attached to ‘identity theft’.

 

I trust you are aware of the limitations placed upon you now that the account has been formally disputed. I particularly draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute.

 

The lack of a valid and enforceable credit agreement and the payment protection insurance complaint are both very clear disputes and therefore the following applies:

 

• You must not demand any payment on this account, nor am I obliged to offer any payment to you at this time.

• You must not add any further interest or charges to this account.

• You must not pass this account to any third party.

• You must not issue a default notice on this account.

• You must not register any information in respect of this account with any of the credit reference agencies.

To register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. I note that you are a subscriber to this Code and as such will honour your obligation to it.

 

Any actions taken by Egg to collect the alleged debt whilst it is under dispute will be vigorously defended. I am also aware of the law regarding harassment of creditors under these circumstances and will use UK law to defend myself.

 

I look forward to receiving your reply within the next 14 days (12+2).

 

Yours faithfully

 

-----------

 

I bet they will default me and if so I will unleash solicitors on them, if I can get the funding.

[lollipop73]

I sent you the copy I sent pyoung, but yours looks pretty good too.

 

 

 

 

 

Keep the faith.

[sirfris]

I am plodding along dancing to the Egg tune myself (requested CCA, not signed, requested again, not signed etc)

 

My question is, has anyone managed to dispute their Egg card based on unenforceable agrrement and NOT had a default put against them? As we all know this is in breach of the law but Egg seem to think they are above the law for some reason!

 

I am keen to dispute my account but can do without a default as my mortgage renews in 3 months time and I want to be able to shop for the best rate.

 

Many thanks, keep up the good work all and together we can ensure humpty dumpty has a big fall!

[lollipop73]

According to a recent response from them, they know they aren't abovce the law, but they have no problem with denying having received any letters-which is their reasoning behiond why they defaulted a disputed account.

 

Moreover, their DN is invalid-nowhere on the agreement does it state they can charge me default penalties, and they also missold me PPI ( didn;t even try to sell it me just added it on). One of the reasons to question a DN is that it must be for the correct amount of money-they DN'd me for the total balance which included these two things-so they are about £800 out.

 

 

They will push ahead regardless-unfortunately, the regulatory bodies appear to be their lapdogs and will do zilch about it.

[angel_1]

hello everyone

 

wishing you all lots of luck

 

i just want to claim back charges,,, as our accounts are now closed

 

what is the best address anyone has used for their Sars info pls,,,

 

if you can confirm you have had correspondence back from a current address that would be fab,,,,

 

im getting a different address on the egg site to what we hold on the sticky for contact info here on cag,,have informed the cag team

 

keep up the good work on your cases and disputes,,,

 

laters angel x

[lollipop73]

I have Egg at Derby-thats where mine went to, do you need the full adress?

[angel_1]

I have Egg at Derby-thats where mine went to, do you need the full adress?

 

 

hiya lollipop

 

if you would post up the full address where you sent the SARS it would also help others too im guessing and then i will double check with cag team when i get a reply from them later

 

huge thanks again angel x

[lollipop73]

Riverside Road

Pride Park

Derby DE99 3GG

[pyoung7453]

Hi all and thanks for the letter Lollipop. I am now having to amend everything in my letter as I have just received a default notice from Egg. This account is defiantly in dispute as I have questions outstanding from letters sent and also they have to get my 'Subject Access' things to me.

 

These institutions are just so arrogant!

 

Here is a good one for you all, nothing to do with Egg but Lloyd's instead. Today I received a default notice from Lloyd's on my personal loan. It says that if I do not pay them £0.00 by 9th June they are taking it further. They have been dipping into my authorised overdraft limit for payments after I cancelled my DD when started to sign-on. The stance I am takin on this is that you cannot physically pay 'nothing' to annyone, it is impossible! and therefore I will not be able to meet their deadline, as they have actually 'contrived' to compromise my agreement as I have not piad on time, once! A complaint to the ombudsman and FSA will be in the post..lol.

 

Cant wait to see what happens with both of these next. I have nothing to loose so will go for them as hard as I can.

[Pipster2797]

any update lollipop?

 

looks like your at the same stage as me with them and nothing coming back

[lollipop73]

Nothing doing on the collections front, but I have had a letter from them in response to my "what are you playing at" love-note. They reckon they have no records of my letter-which is amusing because I have records of them being sent it-twice-and they sent a copy of it back in my SAR.

 

I am currently trying to compile a letter which basically calls thema liar-and then another to report them to the FSA for a-not acceding to their commitments re the PPI scandal, and b- blatantly lying to their customers.

 

 

Taking my time with it because it's costing me nothing.

[hopkinson]

Has anyone seen on any of the threads a letter before action or PoC that can be usedin this Egg unenforceability issue . I am way down in the process as it has been going on for about 7 months and followed all the directions of PT and Militantconsumer and am holding Egg and Moorcroft at bay because clearly the agreement is wrong. Already been defaulted so nothing to lose. I need help though on the wording and terminology for Court as I want to be prepared and have had time to read thoroughly the next steps. Have searched everywhere on the site but have found nothing.Lots of us seem at the same place and need advice to the next steps.

[basa48]

Apparently Egg are to DN me !!!!

[toxicdebt]

Already been defaulted by them.

[lollipop73]

Sorry Hopkinson-I too can't find it.

 

Well I have had some domestic problems this week so the letter back saying they are lying and copies of previous letters and proof of delivery enclosed will go off next week.

 

 

Heard nothing from Moorcroft since I sent them a letter though.

[angel_1]

hiya lollipop

 

keep up the good fight,,,

 

have a fun weekend laters angel x

[texanbar]

Is this the letter you're looking for? or is it the one after this?

 

x:)x

 

Dear Sir/Madam,

Thank you for your letter of 21/09/2009, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On 09/01/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference

 

You have failed to comply with my request, and as such the account entered default on 29/01/2009.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired.

 

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

 

 

Has anyone seen on any of the threads a letter before action or PoC that can be usedin this Egg unenforceability issue . I am way down in the process as it has been going on for about 7 months and followed all the directions of PT and Militantconsumer and am holding Egg and Moorcroft at bay because clearly the agreement is wrong. Already been defaulted so nothing to lose. I need help though on the wording and terminology for Court as I want to be prepared and have had time to read thoroughly the next steps. Have searched everywhere on the site but have found nothing.Lots of us seem at the same place and need advice to the next steps.

Edited June 6, 2009 by texanbar
edited the font style

[hopkinson]

great,thanks Lollipop

[lollipop73]

Hi again,

 

Well, Moorcroft are offering me the repayment of 120.00 per mth. Unfortunately I won't be paying.

 

 

 

I do have a question I am hoping someone can help me with.

 

 

As you know Egg sent a DN beginning of Mrch-dates are all fine, except the value of the debt is way out because it includes unlawful charges ( no charges on default in agreement) AND it includes PPI which was added without my permission. It will also have included interest on the wrong amount.

 

 

So does this make the DN invalid? And as they have now terminated the account with an invalid DN doesn't that rather change the gameplan? In that I don't have an agreement with them at all, they have issued an invalid DN so can't chase it.

 

 

Have I found the prison keys?

[cosalt]

The DN must only show an amount that is the total of the missed contractual payments.

 

So yes if you have charges on the account they would make the amount wrong rendering the DN ineffective, terminating on the back of an ineffective DN means they have shot themselves in the foot.

 

Also the default amout may actually be cancelled out by the charges, example DN amount £500, unlawfull charges going back £650, so this means rather than being in default you actually have £150 in hand.

 

Cosalt

[cosalt]

Sorry if I have missed this but do you have an 'approved limit' ?

[angry cat]

In short Lollipop, if Egg have terminated your account on the back of an inneffective Default Notice, they have indeed made a big error!

 

Seems like that have made the same mistake with many...

 

AC