Egg/Moorcroft - here we go

[Sunshine54]

hi

There are two loan agreements with Egg, one is subject to court proceedings (got a thread here already for that one) and was passed to Drydens after arrears of 2 months.

 

The second loan is now 6 months in arrears and I have received a letter today from Moorcroft saying that they are working for Egg to recover the balance and I have until 10th April to pay in full or they will start court proceedings.

 

I have already put a CCA request and Data Protection request into Egg for both of the accounts and have received the run-around re identity etc then got a standard set of terms and conditions. When I wrote and told them that this wasn't acceptable they followed their usual path of saying 'thanks for the complaint, should be dealt within 8 weeks' re the CCA request.

 

The Data Protection request was treated slightly differently and they wrote and said that, subject to my payment clearing (a Postal Order - how can that not clear??) I would be sent the information that I had requested on the 3rd April - not yet received.

 

Could anyone suggest the best way to deal with this?

Edited April 6, 2009 by Sunshine54
type

[creditcardmug]

Time for the bemused letter to moorcroft

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[Sunshine54]

hi CCM

 

thanks lots for the advice.

 

Onwards and upwards

[creditcardmug]

Ive used this twice with the moorcroft idiots, and they have given up instantly both times:D

[Sunshine54]

hi

 

thats good to hear

 

I'll keep you updated

[Sunshine54]

just one more question for this evening

 

is it still an offence for them to start proceedings whilst they have not complied with my CCA request?

many thanks

[Viscount Stair]

Consumer Protection from Unfair Trading Regs 2008

[Sunshine54]

hi

this is the third page of an agreement that looks like an online one but which definitely wasn't applied for online. It was a telephone conversation where I said that I was struggling with two egg cards and they offered to give me a loan to pay them off and so reduce my monthly payments.

 

I will scan in the other pages but any observations gratefully accepted

http://i601.photobucket.com/albums/tt91/sunshine54_album/08042009242-1.jpg

 

sorry - should have said that this is from the SAR documentation that I received today and it's slightly confusing.

[Sunshine54]

hello

I sent off the letter as recommended and about ten days ago I received a response from Egg saying that they had closed my 'complaint' as they had complied with the law by sending me the current terms and conditions etc. (my wording but you'll know the letter I mean)

I also received a letter from Moorcroft saying that Egg had written to me advising that my request for the agreement had been complied with and the account was no longer in dispute so they asked me for full payment or a payment plan and put the account on hold until 5th May to allow me to send such to them.

 

A friend of mine was drafting a response but unfortunately hasn't had the time to do so and I'm afraid I rather sat back and waited for the help.

 

Obviously I need to respond and wonder if the letter from the thread about 'not using the Consumer Credit Act 77/78' is the best template to use?

 

I could kick myself for wasting time on this and not replying sooner but I would appreciate any advice.

many thanks in advance