N.P V Egg

[Guest HeftyHippo]

probably produced by Activ.

 

It s got Egg name on it, and registration details. I think though, that Egg should produce the assignment under the Law of Property or whatever its called. Whether subcontracting it to the purchaser stands up is a bit grey I think but it probably would. after all, nearly everything is subcontracted by big businesses these days. You can always write to Egg and ask for confirmation.

 

Do you have a beef or are you thinking of an angle of attack?

 

In terms of legitmacy, I think if you act as if its valid, youre ok. If it isn;t, its up to Egg to pursue Active for losses resultng from Aktivs actions in closing your account

[Mozz1]

Any update on the multiple agreement argument?

[scrambledbyegg]

I had the same letter from Aktiv, with my default increased by 2k! No NOA from them, in fact on the phone they said they didn't need one! Funny but all Egg correspondence I have ever had has more printing,is A4 folded in 2 and includes name and position of the signatory.

[Guest HeftyHippo]

if the letter is everything, with nothing except the members details, then its a safe bet it was produced by Aktiv. As I said, it would probably be acceptable to a court that it was done like that as long as it was with the authority of Egg. If Egg agreed or asked Aktive to do it as part of the purchase deal, then they acted as their agent, and it would be little different if they subcontracted it to anyone else

[Mozz1]

//////////

Edited July 21, 2010 by Mozz1
sorry i asked!

[scrambledbyegg]

HH I take your point, if Egg authorised Aktiv then yes, but (and I'm no lawyer or NOA expert) but the letter is written as though from Egg, if Aktiv was acting on behalf of Egg then it should say somewhere that it is "before and on behalf" or words to that effect? I would have thought that pretending to be from Egg would be fraud without such a statement? When I had a rant with Aktiv they had no idea what an NOA was by the sounds of it.

[Guest HeftyHippo]

No, you miss the point. The NOA MUST be written by the seller./creditor. What I'm saying is that as part of the deal, Egg supply a quantity of Egg paper, and either supply the text in some way (printed on the paper, or in a separate file to be printed) and the signature (in the same way), and Aktiv have to do the work. Dont forget, there isnt just one or 2 account sold off, theres usually hundreds or thousands, so theres a fair bit of work. Allowing Aktiv to print the NOA burdends them with the work, and cost of postage and is done at a time to suit Aktiv.

 

Of course, if Aktiv misuse the stationery and/or text, that would be open to investigation.

 

Many business processes are subcontacted. Wages for example. If you know your payslip is prepared by a subcontractor on behalf of your employer, does it say "on behalf of..." No, it just says the employers name. Many businesses subcontract the whole process, they give the subcontractor the pay details, and hours worked, and they work evrything out, even the deductions but it looks like your employer did it,a nd if anything is wrong, the employer has to sort it out, but can take civil action.

 

If the OP wants to challenge the NOA he can, I dont think this has ever been tested, but I think if Aktiv work within the approved procedure it would be difficult to convince a judge that the NOA is not valid. In the same way that an employee is an agent of the company, and a temp who is supplied by an agency so is not employed by the company also works as an agent, I think it is probably true that a subcontractor would be considered the same.

 

In any case, a new NOA could be produced very quickly by Egg

[scrambledbyegg]

I see what your saying, I'm just suspicious of this company AK since when I spoke to them they said no need for an NOA and I had no right to see one, still haven't! Also the figure was over 2k more than the last DCA stated on a SAR and whats more there is no account number etc. I think Egg sold off a load of accounts near to SB and/or CCA problems and AK have no idea what they got or how debt collection works in the UK. What about company numbers etc?

[pt2537]

Any update on the multiple agreement argument?

there was a recent case of Yates v Nemo which dealt with multiple agreements after the Heath decision

[N.P]

Afternoon gang members,

 

With regards to this NOA. This NOA seems to be a hot topic on here.

 

I`m not sure what anyone else thinks about this particular one, but I think it looks suspicious.

 

The reason is, I think if Egg did type/write that letter, then I`m thinking it should be on headed paper, with their address and also my account number etc.

 

This letter looks as though anyone could have printed it out and clagged an Egg logo on.

 

So, how would I know this is the real deal without asking Egg myself? Afterall, it is up to them to prove everything, not for me to get the proof.

 

PT, do you have a link to the Yates V Nemo case? what was the outcome? Could we use it in any way?

 

 

 

N.P

[Mightyacorn]

PT, do you have a link to the Yates V Nemo case? what was the outcome? Could we use it in any way?

 

 

 

N.P

High Court Judge creates a legal precedent concerning mis-sold payment protection insurance

[The Debt Star]

there was a recent case of Yates v Nemo which dealt with multiple agreements after the Heath decision

 

This case relates to PPI though, hence the "multiple" bit. But is an "Egg Top Up" loan taken out to repay an earlier Egg loan a partially restricted use? If so, shouldn't there be a multiple agreement? i.e. We keep 50% you get 50%. I suspect that Egg sold me a second Top Up loan to rectify a dodgy agreement in the original agreement and when I get my SAR I will find out.

[The Debt Star]

Afternoon gang members,

 

So, how would I know this is the real deal without asking Egg myself? Afterall, it is up to them to prove everything, not for me to get the proof.

 

PT, do you have a link to the Yates V Nemo case? what was the outcome? Could we use it in any way?

 

1. They don't have to provide an exact copy of the agreement. They are allowed to reconstruct one.

 

2. See this re Nemo High Court Judge Orders Bank To Return All Payment Protection Insurance Premium Back To A Consumer Due To Inherent Mis Selling Of The Policy | SourceWire

[The Debt Star]

any update?

[N.P]

Evening gang members,

 

Ok, just a quick update on this.

 

After receiving a number of letters from Mackenzie Hall, acting on behalf of those clowns at Aktiv. On Friday, I received a letter from Merit Force, Doorstep Collection Agents stating they have been autourised to instruct a local agent to vist within the next 10 days.

 

These clowns are part of the same Muck Hall group and are really annoying me now.

 

So far I haven`t responded to Aktiv or Much Hall, so I think it`s time for the usual letter of dispute to Aktiv is in order.

 

Any comments people.

 

 

N.P

[WelshMam2009]

Evening gang members,

 

Ok, just a quick update on this.

 

After receiving a number of letters from Mackenzie Hall, acting on behalf of those clowns at Aktiv. On Friday, I received a letter from Merit Force, Doorstep Collection Agents stating they have been autourised to instruct a local agent to vist within the next 10 days.

 

These clowns are part of the same Muck Hall group and are really annoying me now.

 

So far I haven`t responded to Aktiv or Much Hall, so I think it`s time for the usual letter of dispute to Aktiv is in order.

 

Any comments people.

 

 

N.P

 

Depends how bothered you are if a doorstep visit was to occur NP.

Similar to yourself, I normally let them send a barrage of letters before I even bother writing to them.

I would be inclined to challenge the validity of the assignment letter and state that you don't believe it is a genuine Egg document as it does not contain any account or contact details and is not even addressed to you personally. There are so many [problem]s and frauds going around that you can't be too careful these days!!

 

I actually wrote S-C-A-M not PROBLEM but guessing that's CAG censorship for you!!

Edited January 17, 2011 by WelshMam2009
It changed my words!!

[nicklea]

notice of assignment doesn't have to come from Egg - it can come from anyone

[victoria_siempre]

Fair do's

 

But one can CCA anyone to validate the alleged NOA.

 

x

 

v

[nicklea]

a request made under any section of the CCA won't give you any information about any assignment that has been made

[WelshMam2009]

notice of assignment doesn't have to come from Egg - it can come from anyone

 

Agreed Nicklea. However, it is in the consumers interest to always have the transfer confirmed by the OC. Similarly, you would expect large banking institutions to realise the potential for fraud and to genuinely issue the NOA's themselves, not have them generated by DCA's, pretending that the OC produced them. That, in my view, is misleading and grounds for concern, even if it is legal.

 

It is not beyond the realms of possibility that some bogus company could get hold of financial records and send you a demand for money, claiming that they now own the debt. There are no account or contact details on that Egg NOA. The layout, paper and fonts are normally different and furthermore, they are enclosed with the DCA's introduction letter.

 

Ok, we know that Muck Hall is a licensed DCA in this instance, but just think of all of those bogus emails that circulate pretending to be from banks that ask you to log into your account just so that they can get hold of your financial details.

 

I have one account that is probably onto it's 6th or 7th DCA, due to an unenforceable agreement and each time all I get is a letter, from an even more obscure DCA than the last, demanding payment in full within 7 days! I have never even heard of some of these companies and I have been a CAG member for 2 years now!

[nicklea]

Of course you are correct and there is case law that you are entitled to see the document of assignment to assure yourseld that the assignee can give you a good discharge.

 

However, lots of people on this site just misunderstand what is written and think that a notice of assginment MUST come from the OC and that if it doesn't then they have a valid defence against any court claim based on this.

 

I was just trying to be precise.

[N.P]

Hi people,

 

Thanks for the posts regarding these clowns.

 

Muck Hall have rant my parents house this morning, wanting to speak to me.

 

The thing is, as mentioned previously, the so-called NOA is not directed at anyone specific. It simply states Dear customer, with NO account number or anything.

 

The way I see it, it is not up to me to validate this NOA, it is up to them to prove it.

 

Saying that, I still don`t deal with these **** of the earth parrassites.

 

I think I will email them, using my CAG address, and tell them to remove my details and P-OFF!

 

 

 

N.P