CCA Advice - EGG, Cap1, Virgin, Smile and Northern Rock

[St1973]

Hi all,

 

I am new to the forum however I have been reading with interest your threads on CCA'ing creditors etc.

 

My current situation is this. I have used a company to CCA my EGG Card account and as of the 12th Feb 2009, EGG have not responded to the request to produce a CCA. A Reminder letter has been sent giving them a further 30 days. They charge a one off fee of £99. After 12 days can I stop paying them?

 

In the meantime, I have decided to have a go myself at my remaining creditors, Cap1, Virgin, Smile and Northern Rock. I purchased the attached information from an ebay seller for £10 and used the template letters from it. I have attached it for reference.

 

Anyone give it a quick read and give me any further advice as to what to do with either my DIY claim and my Credit Reclaim one?

 

Thanks

 

S

Misselling.pdf

Edited February 14, 2009 by MARTIN3030
Dont see why they should benefit from an Advert on CAG

[silverfox1961]

Hi,

That information you bought off ebay is totally available here and for free.

 

To get a copy of your agreements, just send this letter

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

 

Send with it a £1 postal order

Send it recorded delivery

DO NOT sign your letter, just print it

Give them 12+2 working days to reply

Do a track and trace on the post office web site so that you know the letters have been delivered.

 

Now isn't that much cheaper than getting a claims company to do it for you :-|

 

fox

[St1973]

Cheers for that. I am fully confident that the information in the ebay advice and in the forum is more than enough to progress my case.

 

Another thing, as the 12 days are up, and EGG are currently in Default, can they ask for any further payments on the account? I plan to put the payments into my savings account from now on.

[silverfox1961]

Once the 12+2 days are up, they are in default of your request. The 30 days no longer applies. While the account is in default they can't ask you for payment, default you, add any charges in fact nothing until a valid agreement turns up. Egg however are one of the few that do usually have valid agreements even though they may take a while to supply it.

If at any time within the following 6 years they manage to come up with an agreement, they can then begin to enforce the debt again.

It is a good idea to keep your payments separate so you can pay up if it all goes pear shaped.

 

fox

[St1973]

Cheers. My agreement was taken out in 1999 and I believe they do not have the prescribed term of Credit Limit in the agreement, if they actually have it! We shall see!

 

Thanks

[St1973]

Debt write-off loophole closed by court - MoneySavingExpert News

 

What impact does this have, or is it Old news??

[diddydicky]

it depends what the facts of the case were and what part of halberts decision was overturned

 

the vast majority of claims do not involve people making a profit but in preventing the agreement being legally enforced

[St1973]

After browsing through the web I noticed a claim from these guys saying that the High Court has ruled that an exact copy of your agreement does not have to be reproduced and that the companies CAN reconstitute one from Archives. True???

 

Can you write-off your debts? Credit Issues seem confused - Investigations

[alfwithhair]

After browsing through the web I noticed a claim from these guys saying that the High Court has ruled that an exact copy of your agreement does not have to be reproduced and that the companies CAN reconstitute one from Archives. True???

 

Can you write-off your debts? Credit Issues seem confused - Investigations

 

they are refering to this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

[dannyboy660]

Unfortunately, somebody moved the goalposts when the the banks ran out of money.

 

Not only is it very difficult to get your charges back, requesting a CA may now be seen as an admission of liability...... "Courts will now have discretion to enforce all invalidly executed agreements; the restrictions on this discretion, which applied in respect of certain infringements, have now been lifted"

 

An explanation of the Consumer Credit Act 2006

 

 

There has never been a better argument to ignore third party interlopers on a simple contract........especially if you didn't get the credit in the first place.

[lickthewallfatboy]

I just reseal any envelopes with their crap letters inside and write "no contract-return to sender" on it and back it goes:D

[St1973]

Good Afternoon Caggers,

 

Attached is Two copies of recent correspondence from TWO different DCAs concerning two outstanding CCard debts.

 

One you can see is offering me a 50% unsolicited reduction in the debt and the other not.

 

Any advice on how I should proceed? I am tempted to ask for a 30p in the pound reduction for both...

 

Cheers

 

S

Doc2 (1).pdf

Doc2.pdf

[Guest Cartaphilus]

Aren't Rossendales a bailif company? It might just be me, but why are they on about Arrow Global in the third party sense yet it's very clearly been sent by them?

[rebel11]

Hi st

 

Go for it, ask for 30% but personalise the letter with your particular circumstances.

[impecunious]

It really depends how far you've progressed with your DCAs ..... Have you CCA'd them yet? Is the debt enforceable? Are unlawful charges/interest adding to your debt? Are you currently paying anything to reduce the "alleged" debt?

 

I'd really not consider F&F until all other options have been explored. Your credit rating is already probably in bits, so no point paying it all off unless you're really desperate to throw money at them.

 

And with F&F you really have to be thoroughly satisfied that they won't accept partial settlement, then sell on the rest of the debt to yet another DCA.

 

Read up a bit first. IMHO DCAs usually buy these debts for pennies in the pound, so even a 50% "discount" isn't great news! I'd wait til they make you a "decent" offer - I wouldn't be happy paying any more than say 10-20% max.

 

Impecunious!

[sillygirl1]

Baillifs cannot use their bailiff powers when collecting common debts, some of the companies are so hard up for clients now the councils have realised they are being shafted in return they are turning to common debt collecting.

 

I would send the bailiff company letter to Trading Standards, breaches guidelines on debt collecting left, right and centre.

[St1973]

Thanks for this.

 

1. Im going to respond to the offer of a 50% drop with a 20p in the pound offer.

 

2. Can you help with how I can respond to the baliff letter?? I was going to make them an offer, but if they are being illegal, then I should respond in the correct manner. Help please??

 

Thanks

 

S

[rebel11]

Great advice from the guys.

[Guest Cartaphilus]

2. Can you help with how I can respond to the baliff letter?? I was going to make them an offer, but if they are being illegal, then I should respond in the correct manner. Help please??

 

Yes, report them in the way Sillygirl suggested, let Trading Standards deal with them. I am sure they have enough complaints about this company already (in fact, they do from what I know of them).

[St1973]

Hi All,

 

I wrote to Rossendales/Arrow making an offer as described above. They have not responded until now but with an added letter from mr carter solicitors. Should I reiterate the offer that I made previously, or should I do something else?

 

I need help on this as I am about to go through employment screening (credit Check) for a really top job and would like to have a settlement to this issue to show I am managing this.

 

I have attached Uncle Bryans Letter for reference

 

Thanks

MBNA.pdf