N.P V Egg

[N.P]

Do ya think this crank is any good at Consumer Law?

 

The Law Society - Find a solicitor

[N.P]

Right,

 

Just a quickie to say the letter in Post 66 went yesterday, First Class Recorded.

 

We shall wait and see.

[N.P]

Ok boys and girls,

 

We have an update.

 

Today I received this from those german helmuts at ARC -

 

 

 

 

 

 

 

 

The wait continues.........

[N.P]

Evening boys and girls,

 

Right, we have an UPDATE from these annoying, irritating twits.

 

It goes something like this -

 

 

 

Page 1

 

 

 

 

Page 2

 

 

 

 

Egg did send me a CCA some month ago, but when I CCA`d Morecrap they returned the Account to Egg, who then sent it to these gimps.

 

Morecrap did also send back a £1 cheque.

 

Any comments/idea`s people?

 

Ciao for now.

 

 

 

N.P

[N.P]

Morning people,

 

Anyone have anything to add on this?

 

I`m thinking of a letter to ARC stating my CCA request to Morecrap still stands, and also sending a SAR to Egg.

[militantconsumer]

Hi N.P

 

Here we have the threat of county court proceedings on an account which you refused to pay. They acknowledge that you have disputed the claim, and therefore they are (I believe) unable to pursue options such as a statutory demand/bankruptcy. I seem to remember that they have already defaulted you, so that is not an issue either.

 

A threat is just a threat. It may never happen.

 

I recall that the amount claimed is around £7,000. This means that the Court Claim would be likely to get allocated to the "fast track" and, therefore, the case is unlikely to be heard for at least a year. On the other hand, they can seek costs against you, which could potentially massively increase the size of the 'debt'.

 

They probably know that the agreement may be unenforceable, and that, even if they win, and obtain a CCJ against you, it will take them years to recover the money.

 

I suspect that the loan is fully provided against in their books. This might be a last ditch attempt to scare you into paying, after which they could sell the 'debt' onto another agency.

 

They might start a claim against you and hope to get a judgment in default where you fail to get your defence into the court in time. Then they might discontinue proceedings and give up.

 

Only you can decide whether to stand up to them or start paying again.

 

Good luck

[N.P]

HI mc,

 

Well, there`s quite a bit to go on there.

 

I certainly don`t intend to give up on this one, and pay some cranks.

 

I still beleive this is a multiple agreement for the simple reason, they only handed over half of the `principal loan` and the other half they kept to pay the Egg card off. I didn`t even see that part of the loan.

 

So, you have a restricted use, and unrestricted use.

 

They can say all the want about it, but the fact remains the sections regarding types of credit ie. unrestricted and restricted must be in the ACT for some reason, and I suspect having both types of credit on one agremeent would then fall under Section 18 for multiple agreements, in which case, both parts should have their own terms and not just bundled into one deal.

 

Look at it this way, the agreement states a `principal loan` for £13,000. They did not give me that. They decided to make use of it themselves.

 

Thanks again mc.

[N.P]

Morning all,

 

Right we have an UPDATE.

 

This morning the following nonsense dropped through the door.

 

 

 

 

 

 

Ok, so far these clowns have proved nothing. They say Egg provided me with a CCA months ago, then Morecrap started bugging me yet for whatever reason did not supply me with a CCA, they sent the account back to Egg.

 

ARC and this guy are now on the case and I`ve mentioned Morecrap did not supply me with a a CCA as requested.

 

Any idea`s anyone? Does anyone have a good Section 18 Multiple Agreement arguement template I could edit?

 

Thanks.

 

 

 

N.P

[militantconsumer]

Hi NP

 

This is obviously a standard threatening letter. It is also, of course, a Letter Before Action in the legal sense.

 

I don't think this changes anything as I seem to recall that you have already been sent such LBAs in the past.

 

You need to decide whether to ignore the letter or respond. I think there comes a point at which you don't need to keep responding if you have already made your case either directly to Egg or to one of their other agents.

 

If you decide to reply then there is a good argument for keeping things simple and repeating the same points until they answer them. Why send lots of different letters and potentially muddle your arguments?

 

You could decide to challenge them down the route of not providing a signed CCA. Or you could raise issues about s18 multiple agreements (but how do you know the agreement is unenforceable if you haven't seen it?)

[N.P]

Hi NP

 

This is obviously a standard threatening letter. It is also, of course, a Letter Before Action in the legal sense.

 

I don't think this changes anything as I seem to recall that you have already been sent such LBAs in the past.

 

You need to decide whether to ignore the letter or respond. I think there comes a point at which you don't need to keep responding if you have already made your case either directly to Egg or to one of their other agents.

 

If you decide to reply then there is a good argument for keeping things simple and repeating the same points until they answer them. Why send lots of different letters and potentially muddle your arguments?

 

You could decide to challenge them down the route of not providing a signed CCA. Or you could raise issues about s18 multiple agreements (but how do you know the agreement is unenforceable if you haven't seen it?)

 

 

Hi mc,

 

Thanks for the input dude.

 

I do actually have a CCA from Egg, they sent it months ago, before the clowns starting bugging me.

 

It`s just when Morecrap hit the scene, I CCA`d them, and they responded stating they couldn`t provide it.

 

Now, ARC (another silly 3 letter company) and this wannabe legal eagle is giving me some static. When I informed them that Morecrap were unable to provide a CCA, they came back with Egg have already sent me a CCA. This may be so, but as far as I`m concerned, these clowns are the ones that are chasing me, so they should provide me with one. Morecrap never, so my request is still standing.

 

Do you agree?

 

Also, like mentioned before, the Agreement shows a single Loan amount of £13,000. I did not at all receive this figure, as they kep half of it to pay off an Egg Card.

 

The other half was deposited into my Bank Account, so they say, although I can`t find any reference to it at all, even from Bank Statements. So, they can prove they gave me it, AND that I received it.

 

Let`s also say, they decided to pay off the Card themselves, using the money I was supposed to receive, from their Agreement. They then decided to close the account, so I don`t owe anything on that. However, they now owe me THAT actual half of the Loan which they used to pay off the Card.

 

I say that, because if the Agreement was laid out correctly, IE a Multiple Agreement stating both the Restricted Use and Un-Restricted Use there would be no complications.

 

But, as the Agreement, only shows one £13,000 Loan, which I didn`t receive, there is now an arguement. They only gave me half, which I can`t find any trace of, and kept the other half. The owe me that other half, because I never received it. They paid off and closed the card themselves.

 

Any comments on that anyone?

 

Also, if these gimps show up with the CCA, I will then explain my dispute with them, and not before.

 

There is also a few hundred pounds of charges applied. They also sent me a statement with the CCA. It shows the Loan was actually split on two, one part which they kept, I never received it. I beleive this not to be the case in the Hannah Case, where it is beleived the FULL amount was handed over, although their Solicitor received it.

 

 

 

N.P

[N.P]

The CCA can be found here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182571-n-p-egg.html#post2025655

 

Note also, their is no total figure or how much interest they are adding.

 

It`s like Iam supposed to work it out myself. The small print reads something like `monthly payments to be maintained until the balance is paid in full, unless something else is added (charges) which will up the amount, in which monthly payments must be maintained untill the balance is paid off`.

 

What kind of gibberish is that?

[N.P]

Hi again boys and girls,

 

Right, yesterday I received the following from Aktiv claiming to have purchased this account, I wonder why that is.

 

Anyway, it goes something like this -

 

 

 

 

 

 

What do you think? Why would Egg sell this on?

 

Comments on a postcard

 

 

 

N.P

[militantconsumer]

N.P

I should think Egg have sold it on for a % of the balance - say 10% for example - because 10% is better than the nothing they will get from you.

Obviously these characters will try and play hard ball for the first few months in an attempt to scare you.

I suggest you monitor your credit file to make sure that they don't re-default you for the same debt (which is not allowed).

MC

[Helios]

Had the same letter as you from Aktiv bought my Egg account but its in dispute neither Moorcroft or ARC could find my agreement

 

I have a feeling Egg know there agreements pre 2005 are faulty and selling them

[pt2537]

Oh lordy,

 

SPOT the error on that notice

[SteveH2508]

"Interesting?"

[pt2537]

read the letter, pay attention to the first two paragraphs

[jon888999]

read the letter, pay attention to the first two paragraphs

 

"S"? and who exactly do they allege the money is owed to?

I think egg have sold a load of accounts that they know are unenforceable/uncollectable and the mugs at AK have fallen for it.

As the letter doesn't show an account number i'm playing stupid and have sent the prove it letter!

[scrambledbyegg]

Look what I received the other day! I notice NP that the first two digits of the sum are the same as mine, despite the fact that the last correspondence from DLC a year or so ago was considerably lower! This account was also in dispute and has miss-sold PPI which I have yet to claim about.

aktivred.pdf

[panther12]

Following with interest. The eggy debt I’m sorting out for a friend has just reached the ARC Europe stage, so I expect good ol’ Trev Munn will be along shortly, followed by [in]aktive krapital.

[Helios]

ARC are bottom feeders

[angry cat]

Very interesting indeed...!

[angry cat]

Current Applicant / Licensee:

Business Name Company Registration Number

Aktiv Kapital Asset Investments Limited 4269175

 

Categories:

Consumer credit

Consumer hire

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:Yes

Issued Date: 07-Oct-2001 Expiry Date: 24-Oct-2011

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Erik Bodtker Oyno OFFICER

Philip Malcolm Lunn OFFICER

Scott Bjorn Danielson OFFICER

 

Historic Individuals that run the organisation:

Name Position

Jon Harald Nordbrekken OFFICER

Michael Joseph Scully OFFICER

Olav Dalen Zahl OFFICER

Staale Aaestrand OFFICER

Staale Aasestrand OFFICER

Vivi Klinge-Osen OFFICER

 

Current Organisations that run the organisation:

Name Company Registration Number Position

Aarco Services Ltd OFFICER

 

Historic Organisations that run the organisation:

Name Company Registration Number Position

SH Company Secretaries Limited OFFICER

 

Nature of Business:

Debt Collection

 

Current Address(es):

Address Type Address

Principal Place Of Business Merchants House, Hamilton Street, Chester, Cheshire, CH1 2BE

Registered Office 5-7 Grosvenor Court Akti 7, Foregate Street, Chester, Cheshire, CH1 1HG

 

Historic Address(es):

Address Type Address

Correspondence 5-7 Grosvenor Court Akti 7, Foregate Street, Chester, Cheshire, CH1 1HG

Correspondence One, St Paul's Churchyard, London, EC4M 8SH

Principal Place Of Business 1, Hoole Road, Chester, CH2 3NQ

Principal Place Of Business Merchants House, Hamilton Street, Chester, Cheshire, CH1 2BE

Registered Office 5-7 Grosvenor Court Akti 7, Foregate Street, Chester, Cheshire, CH1 1HG

Registered Office One, St Paul's Churchyard, London, EC4M 8SH

[scrambledbyegg]

Should I reply with the account in dispute letter or the I don't know what your talking about since there is no NOA or account number? oOt forgeeting that the amount is somewhat greater than it used to be.

[N.P]

PT, are you refering to the parts which state one company has purchased the account, yet the second paragraph reads they are acting on behalf of someone, and that I owe them, and not the someone else?