Cupcake vs Egg 03

[cupcake68]

Thanks AC!

 

I feel a little better now!

 

Cupcake

[angry cat]

http://www.financial-ombudsman.org.uk/faq/FSA_FSCS_FOS_jointleaflet.pdf

[cupcake68]

Thanks!

 

Let's hope they do something about Egg and Brian Carter!!

 

Cupcake

[Bigdebtor]

You have the proof that the FOS have received your complaint;

any reputable firm should be mindful!

 

If BC continue, then report them to the SRA and FSA.

 

Cupcake

 

I would e-mail Uncle Bryan and Freds etc, PDQ with the FOS complaint number - just so you have an audit trail that you have done all you can to arrive at an "amicable" settlement.

 

BD

[cupcake68]

Hi BD

 

I don't have a compaint number as yet, I just received the do not reply immediate response you get when you email them!!

 

I did email BC at the address you kindly gave me (because he doesn't make it easy to contact him!!) and told him that I had complained.

 

Cupcake

[cupcake68]

OK

 

No reply from FOS but a slightly less forceful letter from BC!

 

 

It includes a copy of the same print out that Freds sent me!!

 

Should I reply to BC while my complaint is in?

 

Thanks

 

Cupcake

Edited June 24, 2010 by cupcake68

[cupcake68]

Hi

 

I wonder if anyone can give me some advice on this egg agreement please?

 

TC EGG pictures by cupcake62 - Photobucket

 

It was not an online agreement and was taken out in 2003.

 

I think I need to write to ARC and explain the agreement does not have the prescribed terms?

 

Thank you

 

Cupcake

Edited March 10, 2010 by cupcake68

[cupcake68]

Can anyone tell me if I am correct?

 

I am getting better at knowing what the prescribed terms are but Egg appear to have different rules (or is that what they want me to think?)

 

This was not an online account so do I treat it as any other agreement?

 

Thanks

 

Cupcake

[cupcake68]

Ok

 

Have now had the necessary forms from FOS re my complaint but I'm still unsure if I should have any contact with Egg or Brian Carter while the complaint is open.

 

Can someone please advise me?

 

Thank you

 

Cupcake

[Bigdebtor]

Why not just ring FOS and ask? This will also make FOS aware of the current hassle still coming from Uncle Bryan Carter et all.

 

BD

[cupcake68]

Now had a letter from Trevor Munn.

 

A County Court Claim has now been prepared and is ready to be issued against you to Northampton County Court. The following costs will be added Debt bal xxx

Court fees £85 and solicitors costs £80.

 

As you can see the issue of Court proceedings will mean that the amount you owe our client will increase by £165.

 

YOU CAN STOP THIS CLAIM BEING ISSUED AND THE DEBT INCREASING BY PAYING IN FULL NOW.

 

Alternatively, if you are in financial difficulty then complete the form below and return it to us immediately with an initial payment and we will consider your situation.

 

It is still not too late but you must act NOW. So send your payment TODAY or call ARC directly...........

 

Should I send them this?

 

Dear Sir/Madam

I refer to your letter of XXX, the content of which is noted. No debt to your client is acknowledged.

In XXXX I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches.

Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

Yours faithfully

 

Any advice gratefully received

 

Cupcake

[cupcake68]

I am still not sure about this account!!

 

Have sent this to ARC

 

Thank you for responding to my formal request under the Consumer Credit Act 1974 for a copy of the compliant executed agreement relating to the above account.

 

However, unfortunately the document you provided does not satisfy this request, in that it is an application form and does not contain the prescribed terms and conditions necessary to make it an agreement enforceable by the Courts. I am sure you must be aware, in the current climate, of what the prescribed terms are, but if you are in any doubt I will be pleased to elaborate.

 

Consequently, until a valid executed agreement is supplied, the account remains in dispute and as such further enforcement action cannot be taken.

 

I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.

 

With regard to the definition of "enforcement", I would remind you also that you are still required to comply with OFT debt collecting guidelines in order to retain your Consumer Credit Licence.

 

I am anxious to be reasonable in this matter, therefore I am allowing you a further 14 days in which to comply with the requirements of my request and supply a valid agreement.

 

I look forward to hearing from you in writing.

 

Letter thanks to Nurse Elsa on another of my threads. It seems to have given them something to think about .....I hope this is right!!

 

Any advice greatly appreciated.

 

Cupcake

[cupcake68]

Now I'm really confused!! (probably their plan!!)

 

I have received a letter from egg apparently in reply to my letter received 16th April.

 

Would this be the letter I sent ARC?

 

Should I send them a list of the prescribed terms?

 

Thanks

 

Cupcake

[freethemice]

You seem to be in the stage I refer to as 'letter tennis'.

 

All you can do is state again and again the legal points you would hope to rely on when/if this goes to court as to why you are not paying and feel they have been unreasonable in their response to your s78 request.

 

Be aware though that they do have a wide range of documents they can send in response to a s78 request after the recent Carey v Hsbc case but should be 'honest' if this is a reconstruction or if the original is no longer available.

 

The default notice is my prefered area of combat if you have this.

[cupcake68]

Hi FTM

 

Thanks for your advice.

 

They have supplied me with the paperwork I signed at the time of taking out the cc but I don't think it has the necessary terms on it.

 

Their DN gave me almost a month to pay but I am not very good yet at understanding what else may be wrong with a DN. They terminated on the date stated on the DN.

 

Cupcake

[cupcake68]

They are asking why I think my agreement is unenforceable!!

 

Should I just tell them to read the CCA 1974 to find what is required in an agreement to make it enforceable?

 

Cupcake

[cupcake68]

Funny!

 

I have received a very disjointed letter from Egg re my complaint to FOS. Lots of words missing etc!!

 

Basically they think they have already complied but in this instance they will send it again (out of the goodness of their hearts!!) and I will be getting this within the next 14 days!

 

Not heards from FOS - don't know if I will, but no doubt they will just send the same as last time which is my current agreement and tells me nothing!!

 

ARGHHHH!!!!

 

Cupcake

[Bigdebtor]

Why not send a copy of their own incomplete letter back to Egg asking them to fill in the missing words - keeping copies of this for yourself? If nothing else it gives them more work to do!

 

BD

[cupcake68]

HELP!!!!

 

I have received a letter today from Brian Carter.

 

They "have now issued litigation proceedings in the county court" I "will receive a claim form in the next 48 hours direct from court"

 

Are they bluffing?

 

They say I "can telephone and discuss this case with account manager"

 

The current situation is.....

 

I complained to FOS who replied (29th April) saying they have asked EGG to comply with my request and that I should get a final response within 8 weeks

 

I then got a very disjointed letter from Egg (doesn't say final response) saying they did comply but on this occassion they will send it out again. I was supposed to have received this by 27th May (I didn't!!).

 

WHAT SHOULD I DO NOW?

 

I am wondering if BC is trying to bluff some money out of me before the outcome of PT's case this week but the letter does say HAS not MAY!!

 

I have never got this far before so I have no idea of the proceedure and am in slight panic so any help would be really appreciated.

 

Thank you

 

Cupcake

Edited June 1, 2010 by cupcake68

[Bigdebtor]

I would phone FOS to confirm if they're allowed to do this while the case is still with FOS. I don't think they are?

 

I would also phone the Bryan Carter number - just to see what they say - but only pay a token £5 to put things on hold. They accepted that with me. Also follow up by confirming everything by e-mail. Do you want an e-mail address for Uncle Bryan?

 

Good luck!

 

BD

[cupcake68]

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

[gh2008]

Don't ring BC

 

Search on here for him & his firm of debt collectors (Fredricksons)

 

AFAIK there has not been a single win for BC against a Cagger who has submitted any defence.

 

He usually discontinues (normally after allocation to try and fend off the costs application by the defendant)

 

Haven't read the full thread but I bet you haven't got a DN from Egg?

 

Keep your termination letter very safe though

[cupcake68]

Also

 

I would assume it is too late to stop proceedings if they have already issued them or am I wrong?

 

Cupcake

[cupcake68]

I have got a DN but they defaulted and terminated when they had not responded to my CCA request!!

[WelshMam2009]

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

 

 

Hi Cupcake!!

 

I personally would not make any payment. IF they have issued proceedings then a token payment is not going to stop this. Please don't ring them either. All you can do is wait for the court papers.

 

Are you able to scan the letter up on here with your personal details removed?