LMD75 versus Egg

[lollipop73]

Thanks-that one works fine.

 

A very interesting thread, and on which I am sure will catch a lot of cc companies out.

[lmd75]

I have received two letters from Egg stating that they no longer have my letter of complaint and I need to resend it. If they do not hear back from me in 4 weeks then they will close the complaint.

 

Then a week later I received another letter stating that it has been 4 weeks since my complaint and that their enquiries are 'continuing' and will be in contact soon.

 

Is this standard practice /delaying tactics to say that they have lost the complaint and then follow up with another letter saying that they are dealing with it?

[lmd75]

Just received a letter from Egg stating that they are closing the complaint as they have not heard from me. Is this one of their usual tactics? I guess a default notice will follow?

[lmd75]

I have not bothered to respond to any of Egg's letters since I put the account in dispute. Anyway, they sent a doorstep caller to my house asking for me. A relative told them that I no longer live at the address but the caller posted a letter through the door. The company is called 'Field Call' and their purpose was to get me to contact Egg.

 

As the account is in dispute, I was under the impression that they cannot send callers to my property.

 

I am now living overseas and am going to write to them stating that they are in breach and give them my new overseas address to avoid any possible CCJ action at a UK address. What's the best template to follow this breach up with?

 

Basically Egg went quiet for a while saying that they 'lost' my 'complaint', then they closed the complaint and just followed protocol with their collections process.

 

If I do nothing, even though the agreement is unenforcable, can they still start CCJ proceedings? What is the best approach?

[Mistermind]

Evidently your DCA is not convinced you are abroad, or how long you will be abroad. When they are convinced it is doubtful they will pursue a small debt for doubtful reward at high cost of time and effort. Any CCJ handed down by a court without giving you a chance to defend against same can be routinely set aside after the event. Even so it would be bad to have your credit rating blackened by CCJ for any period of time. If you do not return for 6 years, then your liability will eventually fade beyond the 6-year civil limitation imposed by statute.

 

UK loose ends while living abroad is a specialist subject which many readers have explored and posted upon. Suggest you:

 

Go to the blue bar at the top of CAG screen,

click SEARCH

click ADVANCED SEARCH

input ABROAD as search key, searching in title only.

click start search.

 

You will find many threads and many answers. Good luck.

Edited February 7, 2010 by Mistermind

[lmd75]

Thanks Mistermind. I have not entered into any correspondence with DCA's and no creditors are aware that I live overseas hence why they are turning up at my UK property. All UK mail just gets returned to sender. I have been advised that I need to write to them all and tell them that I am living abroad.

 

However upon reading all the posts with 'ABROAD' in the title, I am reluctant to give them my new address and was thinking up a setting up a PO box in my new country of residence (which is an EU member state).

 

Also, at the same time I feel that I am wasting my time in writing to Egg as I have already made it clear that the account is in dispute until they come up with legit cca. They have totally ignored my letters and have continued to chase me and send callers to my property.

 

Also even if they do manage to come up with a legit CCA, I have no job /money so I cannot pay them a penny anyway.

[Mistermind]

Thanks Mistermind. I have not entered into any correspondence with DCA's and no creditors are aware that I live overseas hence why they are turning up at my UK property. All UK mail just gets returned to sender. I have been advised that I need to write to them all and tell them that I am living abroad.

 

However upon reading all the posts with 'ABROAD' in the title, I am reluctant to give them my new address and was thinking up a setting up a PO box in my new country of residence (which is an EU member state).

 

Also, at the same time I feel that I am wasting my time in writing to Egg as I have already made it clear that the account is in dispute until they come up with legit cca. They have totally ignored my letters and have continued to chase me and send callers to my property.

 

Also even if they do manage to come up with a legit CCA, I have no job /money so I cannot pay them a penny anyway.

A High Court Test Case ruling within the last two months established that creditors who do not comply with CCA request may continue with debt-chasing activities, e.g. DN, blackalling, phone calls etc. Creditors simply cannot get CCJ without a full court hearing. It is not even established that the absence of CCA cannot be overcome by the judge accepting the debt claim on "the balance of probabilities". This vital question still awaits a test case verdict.

 

I see no point in giving them your overseas address, it will simply encourage them. A letter sent with an EU stamp and credible franking will suffice to calm the frantic ardour of creditors so that they do not keep visiting your old address. If your relations return any letters that may be less convincing as the DCA may think relations are in cohoots with you and that you are actually upstairs?

 

Once Egg has passed an account to a DCA they tend not to bother any more. They just say to the DCA, get on with it and collect as much as you can. Reasoning with Egg by writing long letters would be a waste of effort. Once a customer is categorised by Egg, they simply trigger the nearest-fitting template letter. Very doubtful any Egg human will spend more than one minute to read a letter. Modern financial fimrs are all IT automated now, no more human touch or discretion. Not surprising as Egg has or had over 2 milliont cardholders.

 

You are broke? Ha ha ha, join the western world, most governments are in reality bankrupt now, printing money and surviving only by a mutual agreement, that if I do not press you too hard you will not press me too hard.

 

Good luck with a job in the EU !

[lmd75]

Thanks again.

 

So if I send a letter to Egg telling them that the account is still in dispute and now permantely living overseas with no job or income, they will pass this info on to the DCA and stop visiting the uk address?

 

I plan on sending it tracked and as advised omitting my address.

 

Just as a side note: a simple search of my credit report reveals that I have a mortgage in the UK and regular payments are still being made. Therefore if I was a DCA I would keep trying at that address rather accept that I moved away.

[Mistermind]

Thanks again.

 

So if I send a letter to Egg telling them that the account is still in dispute and now permantely living overseas with no job or income, they will pass this info on to the DCA and stop visiting the uk address?

 

I plan on sending it tracked and as advised omitting my address.

 

Just as a side note: a simple search of my credit report reveals that I have a mortgage in the UK and regular payments are still being made. Therefore if I was a DCA I would keep trying at that address rather accept that I moved away.

All creditors are focused on verdicts from the Test Cases, and the OFT will unveil their official Guidance in April. Whether Egg pays even a particle of attention to "In Dispute" letters is questionable. Once an account is passed over to a DCA, doubtful if Egg will bother to rein back the DCA.

 

If you have a house in the UK and mortgage payments are still being made, it is hard to see well-informed DCAs losing hope about collecting or trying for CCJ and Charge Order. Until you return, possibly they may be forced to delay a court case.

 

But also possible they may make a big stink with your relations. For the pressure to encourage you to make a payment agreement with them and be rid of the endless pursuit.