Toxic Vs Egg Card

[lollipop73]

I think you know the next step is to send them a letter informing them the account is in dispute quoting OFT unfair collection practices at them.

[toxicdebt]

Thanks Lollipop, It will be in the post tomorrow (spesh del of course).

[demonmat]

correct me if i am wrong, but i thought they could not pass any info to a third party ie DCA whilst the account is in dispute. Surely Egg know this as you have already sent them the info.

[toxicdebt]

Yup, but they do it anyway.

 

In this case I dont think they have sold the debt, just appointed a DCA to work on their behalf. Fredrickson's are the second to chase me for this. The other being DLC/Hillsden's. I am assuming that DLC have passed it back to Egg hence the intro from Freddies.

[lollipop73]

Toxic is absolutely correct-they contravene the oft, happens all the time

[toxicdebt]

Just had a "LETTER BEFORE ACTION" from fredricksons.

 

Letter link click here

 

I did send off a 'Account in Dispute' letter after their first correspondance last week.

 

Should I be doing anything else?

[toxicdebt]

Just had a reply to my letter to Fredricksons stating this account is in dispute. Basically it states they have contacted Egg and will not proceed further until they have received a reply from them.

[blueotter]

Toxic,

Hope you don't mind just a quick question,i have a thread set up for my case with egg and it now looks very similar to yours,ie cca doesn't look enforceable,now they've got capquest working on their behalf.

 

Did you just send a letter to the dca telling them the acc was in dispute ?

[toxicdebt]

I did send the DCA a very strong letter detailing the dispute and also the 8 OFT guidelines from their Debt Collection Guidelines document listing all their, DLC and Egg's breaches and told them that I invite them to take me to court where I would present these to the judge along with my case for non enforcement. They wrote back very quickly saying they have contacted their client (Egg) and will not pursue me until they have had a reply. That was two weeks ago

[seriously fed up]

If/when you get that letter from your DCA acting on behalf of Egg, please dont hold your breath. I got mine from ARC back in August and I am still waiting for anything to happen.

[blueotter]

Thanks for the reply.

This is a link to my thread and i'm at the same stage as you guys. I won't take up too much space as its important the threads don't get distracted but we can get a good look at each others various stages as it looks like we've all got the "unenforceable cca".

Question though ! Does anybody have links to threads where people have contested egg cca's in court on the basis of approved limits etc ? I understand there's a big case coming up soon with a member of the cag team against egg but can't find it anywhere.

 

http://www.consumeractiongroup.co.uk/forum/egg/212751-otter-egg-2000-cca.html

 

Edited October 7, 2009 by blueotter

[seriously fed up]

what you are looking for is post 1191 by pt2537 at http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-60.html, which makes clear that the case is in legal process. This was posted on the 7th September and to the best of my knowledge is the last thing posted on the case. When there will be a decision isnt clear at all. In any event, whoever wins at this stage might well appeal (could Egg afford not to if it went against them?)

That is the only one that I know of, but if anyone knows of any other threads on the same issue, please let us all know.

[toxicdebt]

UPDATE:

I have recieved a breif reply from Fredricksons stating thus:

 

"We refer to recent correspondence in this matter. Please note that we have been instructed to take no further action against you and have therefore closed our file"

 

Yours Sinsearly

Does this mean Egg have given up?

[seriously fed up]

that sounds very like what Arc have done to me. Just wonder what they will be up to next? Calm before the storm? Just have to wait and see.