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    • I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
    • depends who said sols state their client is. IDRWW vis~IDR(worldWide) are a debt collector regulated & registered in the UK & USA    they are not solicitors. they use various 'for hire' - here use our letterhead paper tiger solicitors. its just a case of who's stupid enough to join their folly. IDR law used to be their fav but they lost do much money, they broke ties after almost being struck off and now do Will/Probate disputes only. IDR Legal are their sols wing. moriarty law Judge and priestly Taheel - a foreign DCA that use absolutely any trick in the book to extort money even pretending to be any of the above inc being the bank themselves in phone calls.           
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Chris V Egg (is this CCA enforcable)


chris5664
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It seems to have turned into a mexican stand-off with a few of my cases.

 

We seem to be in a similar position to the lenders, they can't afford to take us to court and set a legal precedent against themselves. We can't afford starting our own proceedings and getting some grumpy judge make a decision against us.

 

cds

Hope I'm not hijacking anything as there seems to be a lot of people with same issue. I have agreement with egg/Capquest. Is it legal, if not why? I'm confused.

 

eggcapquest.jpg

 

eggcapquest2.jpg

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you need to include the repayment, interest etc so we can check the apr

 

cds

 

The total amount was £13400 and payments at £206.63 x 84.

That is all that is on the document other than personal details which i removed. Interest rate and apr are still showing.

Thanks

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Just checked your figures and they are correct

 

cds:-)

 

Does this mean that the agreement is legally binding in that it complies with the requirements?

Egg signed before me, there is no cancellation mentioned and no T and C's in the paperwork. Might be clutching at straws but i seem to recall other Caggers mentioning these issues as relevant. :confused:

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Does this mean that the agreement is legally binding in that it complies with the requirements?

Egg signed before me, there is no cancellation mentioned and no T and C's in the paperwork. Might be clutching at straws but i seem to recall other Caggers mentioning these issues as relevant. :confused:

 

Just received another letter from Capquest. I have paid them £239 via the cccs in last 12 months. It seems that because i cca'd them they have now added interest of £335 even though i have not defaulted.

Is there someone out there who can find enough fault with my agreement for me to put it in dispute? Please

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I would wait and see. All they can actually do (credit history non withstanding) is take you to court and we all know they wont and we all know why :)

 

Offer them £300 to settle it :)

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Hi Chris, its a bit soon for there to have been any developments for you beyond your letter, but to further develop my theme of our parallel universes, I am just off the phone to someone from ARC (woke me up - they ALWAYS wake me up!:-o:evil::mad:) telling me that they were going to be "forced to take legal action on the card". I told him that I had already indicated that I wouldnt deal with the matter over the phone, but he replied that they were "obliged to phone me to tell me this" - total bollocks of course. Possibly - I hope - like your letter.

Well, I suppose we will just have to wait to see what happens next. But is it just coincidence. Differents DCAs but the same bank?:?

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Hi All & Seriously Fed Up :)

 

I am just waiting I intend just to see what the next move is, if they take me to court so be it.

 

Kind regards

 

Chris

Edited by chris5664
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All we can do Chris - unless we take ourselves to court :razz:

But, it could be a new strategy - threats of court that go beyond the "Pre Court Division" lark that Moorcroft have used. Lets see how many that shakes down.

Let us know if you get Court papers. There could be a few more difficulties for them with me, as I live in Scotland they would have to have a tame Scottish solicitor and couldnt go "in house".

But, as you say, all we can do is to wait :-|

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Hi all,

 

I am having the same problems with egg. My account went into default when I lost my job in September 08. I received a call from them and I explained the change in my circumstances and offered to pay £10 a month until my circumstance improved but they did not want to know. They demanded the full monthly payment plus arrears which I could not pay. I have since been getting letters from Moorcroft threatening to take me to court. I have a copy of what may be my original CCA if that helps.

 

Sorry if I am not making sense I am new to the CAG forum, any help will be appreciated.

 

Regards,

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Letter from Trevor Munn Solicitors saying that if I dont cough up in the next 10 days they have been instructed to proceed with the Claim and will add a further £290 in costs and there will be a CCJ.

What I am not sure of is their jurisdiction, as they say the claim will be raised in Northampton County Court, but I live in Scotland. Can they do this? Can someone advise who might know about this?

In any event, Trevor Munn will be getting a letter (not dissimilar to Chris's in post 19) pointing out the defects in their client's paperwork, but I would like to know where I stand with jurisdiction?

Edited by seriously fed up
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Hi all,

 

I would like to jump on to this boat as well! :D

Okay, my original DCA was Moorcroft and after sending off a letter regarding the unenforceable CCA - they sent me a letter saying they have closed my account. Great I thought, then my a/c got passed to ARC. I sent them the same letter as the one to Moorcroft, but despite that they keep trying to contact me. I have ignored each call and on 22 Jun 2009 (yes they cannot spell June) I received their TREVOR MUNN solicitors letter. I have continued to ignore these and interestingly they also tried to call me again!

 

Why are you bothering to call me, I am thinking, when you've threatened me with court action :rolleyes:

 

Anyway, I'm actually thinking of sending Egg a letter offering them a settlement of 10% of the existing balances as full and final settlement of my Egg card and Egg loan. Quite frankly I'm just getting sick of receiving these letter and calls and pathetic responses. If this small amount will get these annoying mosquitoes off my back, I'm happy to 'contribute' this measly amount. What does everyone think?

x:)x

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Hi all,

 

I am having the same problems with egg. My account went into default when I lost my job in September 08. I received a call from them and I explained the change in my circumstances and offered to pay £10 a month until my circumstance improved but they did not want to know. They demanded the full monthly payment plus arrears which I could not pay. I have since been getting letters from Moorcroft threatening to take me to court. I have a copy of what may be my original CCA if that helps.

 

Sorry if I am not making sense I am new to the CAG forum, any help will be appreciated.

 

Regards,

 

Hi there faramay and welcome you will find all the help you need on here there are some fantastic people on here they are giving me great advice at the moment,

If you could post up your cca that would be good then the more informed caggers can give you their verdict

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that is an interesting one Texanbar (btw if you are looking for an answer, dont read this any further! :razz:) as I have considered similar possibilities.

If we treat this as a balance sheet, then for offering them 10% in F&F is, as you say, peace and quiet in the future.

However, there are three fair sized debits imo

1. getting there. If you or I were to offer Egg 10% would they accept? OK, they might/ might not, but I would be willing to bet that they would treat this as an "opening offer" and that you could be bid up the way. So strategically it might be better to go for say 2% at the outset, let everyone have a good laugh, then go to 5% and very reluctantly go to 10%.

2. it would have to be done very carefully - more "there is a dispute between us about the debt you allege there is between us. You know you cant produce the paperwork to enforce it, and I am fed up with your harassment. How about I give you 2% in full and final settlement and you go away and dont bother me any more". Also, it shouldnt give the impression of "a sign of weakness". Like you and Chris I am getting threatened with Court action by Egg. I am not really bothered about this, as their paperwork has at least five fatal errors in it. But I could do without it. That is why you are thinking of giving them 10%. That is why they continue to harass us when they have no legal route of getting what they want - that we will get tired and give up for a "quiet life".

3. why should we? I havent actually done the calculation - I might end up topping myself - but I would bet whatever money Egg have loaned me, I have paid back at least once, almost certainly twice and maybe even three times. Why should I pay them some more when they are so incompetent that they cant even get the basic paperwork right? I know there is a big issue (rightly) about not encouraging the avoidance of debt, but what about when that debt is just basically unfair, and in any event, they have no legal recourse to make me pay? Only harassment and how right is that?

Oh and btw, they still cant spell June - I got my letter today. So you should be in the queue before me.:D

Oh yes, one more spooky similarity. They phoned me on Saturday to tell me I was getting the Trevor Munn solicitors letter threatening me with court (something to do with the passage of time - they never seem to give a coherent rationale for anything that they do or say they are going to do - why cant they just do it, or say they will? It would save them making up quite so many lies). So this morning Trevor's letter (of 26 Jun) arrived, but about 4.30 one of the ARC goons phoned to ask me what my response was to their letter of 11th June (this more or less says - in the face of a detailed analysis of the claimed CCA - you've got the paperwork, pay up). This call was unnecessary for two reasons

A. they have already sent me the Trevor Munn letter

B. I replied to this letter the following day (12th) so they know.

In other words, basically this is just harassment. I have consistently told them I wont deal on the phone - they even acknowledge this - but there is always some totally unbaked excuse why they "have to do this" - like on Saturday, "we have to advise you of the letter that will arrive on Monday" - no you dont, you are just at it - AGAIN! That Texanbar is why its worth paying something to get rid of them. At the same time THAT is what they are relying on , that this kind of behaviour will exhaust us and we will pay up.

Edited by seriously fed up
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Hey SFU,

 

Thanks for the great response... and yes, I know I have had the exact same thoughts as you and think stuff you one minute and argggggghhh the next!

 

I just don't know, but one thing I do know for sure, that if I ever do win the lottery, they will most certainly not receive a single penny... or an undated 20 pence piece which I understand is worth £50. :)

 

x

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Hi there faramay and welcome you will find all the help you need on here there are some fantastic people on here they are giving me great advice at the moment,

If you could post up your cca that would be good then the more informed caggers can give you their verdict

 

Hi All,

 

I have attached my CCA with egg. I will be writing to them again this week to offer a token payment until my circumstances improve as I am not sure what else I can do at this stage.

 

Faramay

 

http://i756.photobucket.com/albums/xx207/faramay/eggp1.jpg

http://i756.photobucket.com/albums/xx207/faramay/eggp2.jpg

http://i756.photobucket.com/albums/xx207/faramay/eggp3.jpg

egg p1.jpg

egg p2.jpg

egg p3.jpg

Edited by faramay
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  • 1 month later...

Hi,

Just received a call from Fredrickson International, they asked to speak to Me by my first name, I did not twig on and gave them it. They said that they have bought the debt from Egg and want full payment now, I said for them to remove all telephone numbers and for them not to contact me again - this is in dispute with egg.

The woman was a snotty sarcastic pond life.

Any one had any dealings with them

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Hi,

 

Any Help on this issue please :),

 

In dispute with Egg since Jan 09 - they passed it onto Moorcroft, they have passed this onto Fredrickson International. Egg and Moorcroft have not informed me that this has been passed on.

 

I thought while its in dispute they can not do this?

 

And

 

Has anybody had any dealings with Fredrickson International.

 

Thanks

:-)

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i have been dealing with fredrickson since november last year, i put the account into dispute,cca'd them they sent me back egg's usuall "this is what you signed and it's enforcable cca" which is flawed, so i sent them a letter saying send me a complient cca or i wont pay you any money, that was feb, not paid them since then and not heared a peep from them so i would take it that they have passed it on to another dca.

They have been fine with me but as you have read through the threads all dca's are the same.

As for your dispute, 'by oft guide lines there are not supposed to pass it on while its in dispute but in my experience that means jack to them.

Bottom line is if they can't provide a valid cca by whatever means you have requested it they can't do a thing.

DCA'S cant do jack they have no powers whatsoever only the power to get on your nerve's

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