EGG and Bryan Carter

[toymaker1]

Toymaker1 , cant thank you enough for your post . I will use with a couple of subtle changes in it's entirity . However , it dosn't suggest that i want anything other than the obvious cesation of activity . Do i address the issue of DN and its removal within this correspondance or am i " running before a brisk walk " ??

 

Thanx willeewonker ..........

 

I have no special knowlege,I can only speak from my own experience of these matters.

I think the matter of the Default Notice is something you should take up with the credit reference agency which has it in their records. Get them to amend their records to show that in fact you do not have a DN. I have not done this myself, but I am sure that may other people have and that there is a well established procedure for that.

So far as the letter to send to Bryan Carter, I think it is best to keep things simple and direct. Keep very much to the main points- in your case it looks as if the main points are that you were terminated by Egg outside the provisions of CCA - that would be considered very serious matter by the court. Also you are making it clear to the solicitor (Bryan Carter) that he will need to decide if his loyalty is going to be with Egg (who you have shown are in hot water!) or if he wants to brazen it out and stand in court alongside Egg and co.

If the outcome is that Egg drop the matter and the debt is written off (even if they dont openly state that it is), that would be a good result wouldnt it?

That is what happened to me after I wrote a letter like the one I showed you.

I owed about £13,000 to Egg when they illegally terminated me. I sent them a letter like I showed you, and they (and their dca and solicitor) have kept very quite since January 2009. I assume you have stopped your DD. It is very important not to pay them a penny once you have thrown the gauntlet down.

 

Regards

[toymaker1]

Toymaker1 , cant thank you enough for your post . I will use with a couple of subtle changes in it's entirity . However , it dosn't suggest that i want anything other than the obvious cesation of activity . Do i address the issue of DN and its removal within this correspondance or am i " running before a brisk walk " ??

 

Thanx willeewonker ..........

 

Further to my earlier post, another thought is this.

What you will find is that neither Bryan Carter nor Fredrickson nor Egg

will be able to provide you with an answer to your main question i.e which part of CCA entitles them etc. etc. That is because they wont have an answer. That question highlights the catastrophic error they have made when they terminated card holders who were not in arrears or default (as defined by CCA). In boxing terminology I have found it is a knockout punch!

[willeewonker]

Thanks again toymaker1 ...

 

I stopped my D/D months after the actual termination letter as i was angry and disgusted by there actions ( obviously knew nothing of any DN at this point . My understanding from other similar threads to this , is that i should also ask for refund of monies paid since the termination . Would you aggree , or again wait for later developments ???

 

And finally it is my understanding this debt is still with EGG , although Carter's acting on their behalf . So , who should i forward the above letter to ? i.e. EGG , Carter's , both or indeed any of the authoritive bodies overseeing these cretins ???

[toymaker1]

Thanks again toymaker1 ...

 

I stopped my D/D months after the actual termination letter as i was angry and disgusted by there actions ( obviously knew nothing of any DN at this point . My understanding from other similar threads to this , is that i should also ask for refund of monies paid since the termination . Would you aggree , or again wait for later developments ???

 

And finally it is my understanding this debt is still with EGG , although Carter's acting on their behalf . So , who should i forward the above letter to ? i.e. EGG , Carter's , both or indeed any of the authoritive bodies overseeing these cretins ???

 

 

Send the letter to Bryan Carter. But you notice the letter constantly links them all together in the matter, and it makes it clear they will all be held responsible if it comes to court. In some ways Bryan carter, as a solicitor, is the most vulnerable, as in effect a mere spear carrier acting on instructions of the DCA and Egg, he will ultimately be watching his own back, and will be the quickest of the three to throw in the towel, as he could have the most to loose from being seen to act unethically or improperly.

so far as asking for money back, that is a more tricky position which I cant give good advice on. Personally I wouldn't bother because of the stress and length of time it will take and further legal complications which will inevitably arise. My basic principle is that life is short enough as it is, so only fight battles you are pretty sure you can win.

Where you are on strong ground is getting your existing debt written off because of Egg's dodgy conduct.

[willeewonker]

Just a quick update ............

 

Sent of the wonderfuuly worded letter as advised by toymaker1 . Have now recieved a reply from Carter's advising there awaiting direction from Egg and will respond in due course .???

 

However in the mean time they've now put the account on hold until given further direction from Egg ............. Won't hold my breath , but you never know ????

[toymaker1]

Just a quick update ............

 

Sent of the wonderfuuly worded letter as advised by toymaker1 . Have now recieved a reply from Carter's advising there awaiting direction from Egg and will respond in due course .???

 

However in the mean time they've now put the account on hold until given further direction from Egg ............. Won't hold my breath , but you never know ????

 

So far so good!

[willeewonker]

Fingers crossed eh toymaker1 ............

 

My next port of call will be to send letters to CRA's advising of their duty's and requirments to confirm the data their processing is accurate and correct ?

 

I am of course referring to the completely illegal Default Notice now sitting firmly against my previously impeccable credit file , and the obvious disregard to the Data Protection Act .

 

I would greatly appreciate any pointers or advice as to the content of this letter that anyone with similar expertise could suggest ???

 

Thanx in anticipation , Willeewonker .

[willeewonker]

Well there i am minding my own business thinking that the naughty EGG company and the incompotant Bryan Carter soilcitors have been banished into oblivion when a letter lands on my doorstep from a certain Aktiv Kapital ......

 

They inform me that they've purchased the debt off EGG and if i could just pop a cheque in the post for my outstanding balance , they'd be delighted !!!!! Oh and not to mention how nice people they are , ready to help me and offering discount - lucky me ???

 

They've also included an " open " letter from EGG giving notice of assignment . Its very dubious , on plain white paper with no referance to account details etc ... and comes with a plain BLACK EGG logo ?? Hmmmmm .........

 

So any offers , as to my best rebuff ??? All suggestions greatly welcomed and appreciated ?

 

Thanx in anticipation , Willeewonker .

[NailPost]

Send Aktiv the bemused letter, send Egg a letter demanding to know what they're up and report all concerned to FT - and that's jut or starters

[themagician]

newflash: rxd from Carters today an immaculate copy of the terms and conditions of the loan??!! This was thrown at them in June (where are T&C etc etc)

Phoned court as I smelled a rat, and the hearing is now delayed due to BC "being tardy" (judges words) in providing what was requested 3+ months ago. Cheeky bugger sent it to us 2 days after the court got it!

 

xx

hi norm, dont give up,carters on the ropes and the 10 second bell is about to go. punch the little tw*ts eyes out,

WINNER CAGGER NORM!. you know it makes sence ! rodders.

when you win hope you go for your costs,i did and judge gave em to me.

good luck matey.

[willeewonker]

Forgive the ignorance , but the bemused letter is ...... ?????

[toymaker1]

a letter lands on my doorstep from a certain Aktiv Kapital ......

 

They inform me that they've purchased the debt off EGG and if i could just pop a cheque in the post for my outstanding balance , they'd be delighted !!!!! Oh and not to mention how nice people they are , ready to help me and offering discount - lucky me ???

 

They've also included an " open " letter from EGG giving notice of assignment . Its very dubious , on plain white paper with no referance to account details etc ... and comes with a plain BLACK EGG logo ?? Hmmmmm .........

 

If I got that letter from Aktiv Kapital my understanding of the situation would be that Bryan Carter have dropped the matter like a hot potato after receiving the letter you sent them in July 2009, and Aktiv are the next in line to take the case on. My understanding would be that Aktive havent got a clue about the details of the case, they are just trying to frighten you in the hope you might pay up.

Therefore I would probably send a letter like this:

 

Dear Aktiv Kapital

 

Thank you for your letter dated xxxxxxx.

 

In the course of accepting assignment of the outstanding dispute between Egg Banking, Fredrickson International, Bryan Carter Solicitors and myself, you will have become aware that the credit card agreement between Egg and myself, which is the subject of the dispute between Egg and myself, is governed in all respects by the Consumer Credit Act 1974, therefore I would be grateful if you would indicate to me the relevant section of the Act which provided Egg with legal entitlement to terminate my Egg agreement with effect from 6th March 2008.

 

You will also have become aware that the debt claimed by Egg is disputed by me. My reasons for disputing the debt, as both you and Egg Banking and Frederickson International and Bryan Carter Solicitors are fully aware, arise from the fact that Egg terminated my Egg agreement in a manner which does not comply with the provisions of the Consumer Credit Act 1974. As you know, paragraph 2.8 k. of the Office of Fair Trading debt collection Guidance of July 2003, updated in December 2006, makes it clear that collection activity must cease whilst investigating a disputed debt. I look forward to the results of your investigation.

 

In the event that the dispute between Aktiv Kapital, Egg Banking, Bryan Carter & Co Solicitors, Fredrickson International and myself is put before a court for adjudication, I will draw the court’s attention to the following points.

 

Both you and Egg Banking and Fredrickson International and Bryan Carter Solicitors, although fully aware that the debt is disputed, have continued collection activity in breach of paragraph 2.8k. of the OFT Debt Collection Guidance.

 

I also consider that the way in which you and Egg Banking and Frederickson International and Bryan carter Solicitors have exercised their rights under The Consumer Credit Act 1974 amounts to an unfair relationship in terms of section 140 of the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.

 

In the event that this matter is put before a court I will also draw the court’s attention to the manner in which Aktiv Kapital, Egg Banking plc, Bryan Carter Solicitors and Fredrickson International have dealt with the dispute between Aktiv Kapital, Bryan Carter Solicitors, Fredrickson International, Egg Banking plc and myself, particularly in relation to,

The Consumer Credit Act 1974,

The Data Protection Act 1998,

The Office of Fair Trading Guidance on Debt Collection and Unfair Business Practices (Updated December 2006),

The Solicitors’ Code of Conduct 2007,

The Credit Services Association Code Of Practice.

The pre-action protocols which have been approved by the Head of Civil Justice.

 

I am confident that Aktiv Kapital, and all other parties acting on behalf of Egg, and/or in respect of the dispute between Egg Banking and myself will, as I will, provide to the court full records of the matters to which I have referred.

 

Yours sincerely.

 

Hope there is something in there.

 

 

 

 

 

 

Hope there is something in there you can use

regards

Edited June 10, 2010 by toymaker1
date

[willeewonker]

Thanx toymaker1 for your prompt reply to my request for help .....

 

Couple of points , after a brief telephone call ( obviously instigated by them ) i said i wasn't prepared to discuss over the phone ( as advised ) , however they did confirm that they'd purchased this debt and were not acting on behalf of .... Does this change the reply ???

 

And secondly should i send copy of same letter to Egg ???

 

Thanx again for any comments , Willee

[toymaker1]

Thanx toymaker1 for your prompt reply to my request for help .....

 

Couple of points , after a brief telephone call ( obviously instigated by them ) i said i wasn't prepared to discuss over the phone ( as advised ) , however they did confirm that they'd purchased this debt and were not acting on behalf of .... Does this change the reply ???

 

And secondly should i send copy of same letter to Egg ???

 

Thanx again for any comments , Willee

No, send exactly the same letter.

Speaking for myself, I have a totally inflexible rule. which is that I never ever discuss anything at all with them on the phone.

I dont confirm anything to them - for example if they say "is that Mr xxxx" or "can I check we have the correct address", I just say to them that if they believe they wish to contact someone at a particular address, they should write them a letter, as I do not wish to make any comment about anything, or confirm anything to them. - just tell them to send a letter to whoever they wish to communicate with.

Do everything in writing, and keep it filed.

[willeewonker]

Thanx again toymaker1 , will send out immediately recorded ........

 

On a different note , i've searched and trawled for hours but cant find posts relating to someone instigating legal proceedings to Egg and an adjourned case which was listed for June 2010 . I think it may have been in a Welsh court but not 100% . Anyone point me in the right direction ????

 

Thanx Willee ....

[toymaker1]

Thanx again toymaker1 , will send out immediately recorded ........

 

On a different note , i've searched and trawled for hours but cant find posts relating to someone instigating legal proceedings to Egg and an adjourned case which was listed for June 2010 . I think it may have been in a Welsh court but not 100% . Anyone point me in the right direction ????

 

Thanx Willee ....

 

Why do you want to instigate legal proceedings?

I would think very very carefully before taking such a step.

Unless you are a lawyer, you will find it turns out to be a nightmare, and it will take over your life, and will cause you a lot of stress.

If that is OK then go ahead.

Also, you should realise that, - in my opinion, - the day you start proceedings you will have handed the initiative to them.

My aproach to Egg etc when they breach CCA 1974 has been to stop paying them a penny and defy them to take me to court, keeping a careful record of all correspondence, and checking all my legal information.

[twofoot]

I would certainly go along with toymaker. No cca equals no debt, what could be better.

[Bigdebtor]

Why do you want to instigate legal proceedings?

I would think very very carefully before taking such a step.

Unless you are a lawyer, you will find it turns out to be a nightmare, and it will take over your life, and will cause you a lot of stress.

If that is OK then go ahead.

Also, you should realise that, - in my opinion, - the day you start proceedings you will have handed the initiative to them.

My aproach to Egg etc when they breach CCA 1974 has been to stop paying them a penny and defy them to take me to court, keeping a careful record of all correspondence, and checking all my legal information.

 

It was PT2537's thread on Egg agreements and what is wrong with them -and heard in Cardiff on 4 June. Judgement due in about 3 months. See PT2537's thread for background etc.

 

As toymaker says - why instigate proceedings?

 

Let Egg do the work if they dare - and await the result from PT's case.

 

BD

[willeewonker]

Apologies for misleading everyone ..... My only interest in this court case was purely to satisfy my curiosity and see if there had been a judgement passed . As it had been quoted as a possible test case for the 160,000 termination letter brigade i wanted to see if our positioned had been strengthened ??

 

As for myself , i am fully aware of my limited experience and knowledge and my only actions will be based on the excellent advice i receive from this site .

 

On that note anyone any advice on how to approach the removal of the obviously illegal Default Notice sitting on my credit file ??