cupcake68 Vs Egg

[cupcake68]

I requested a cca from Egg on 190409 and sent them the acc in dispute letter once their 12 +2 was up having not heard anything from them.

 

Egg have now written to say they cannot comply unless we send proof of who we are! ie utility bill, bank statement etc or if not available a letter from a solicitor(!!!!!)

 

Are they just time wasting? Should I bother sending proof of id without signing anything. I have also had another letter saying they have received my complaint (would that be my letter saying you have not complied...?) and we will here within 8 weeks (but we need to help by logging into our acc!) I don't feel like doing anything, am I right?

 

Many thanks

 

Esile;)

[clemma]

You do not have to send them anything!!

 

I would file their letter, but ignore. They have not complied, therefore they are in default of your request,

[cupcake68]

Cheers Clemma!

 

Cupcake

Edited December 3, 2009 by cupcake68

[cupcake68]

Hi

 

I have received a DN from Egg.

 

I'm still learning about all this and I know they haven't made the same mistake as most ie they have allowed me plenty of time to pay but I don't really know what else can be wrong with a DN.

 

Could someone please check this one for me?

 

I am a little concerned about this account. I CCA'd them in March knowing it was an online application in 2007-8 so expected to get something back very quickly from them proving it enforceable.

 

I haven't received anything much but certainly no CCA so haven't paid a thing since.

 

Any advice appreciated.

 

Thanks

 

Cupcake

 

PS I haven't been logging into my account so not sure about the balance and whether they have been adding charges! - I was worried about doing it because when they sent back saying they couldn't send CCA without proof of ID it said I should log on then!

Edited June 24, 2010 by cupcake68

[clemma]

If you have put this in dispute, then complain ASAP to Trading Standards, FSO and the Information Commissioners Office - they cannot default you whilst in dispute!

 

The DN looks fine to me - but it still should not have been issued.

[cupcake68]

Thanks Clemma

 

Should I send them anything?

 

Cupcake

[clemma]

I haven't got a template letter for you to send to them - someone else may have one though. For now, just complain away.....

[cupcake68]

Thanks!

 

Is there a way I can complain via email? I tried complaining about Virgin a while ago and eveyone I called said they couldn't help!!

 

Cupcake

[clemma]

I'm pretty sure you can - I think there is a thread on here somewhere for a website called :How to Complain

 

Oh and this is the thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198720-howtocomplain-com.html#post2158085

[cupcake68]

Cheers!

[cupcake68]

Cheeky B******S!!

 

They sent me a DN quoting payment date by 24th July 2009 and on the 7th July they sent me another letter saying despite their previous correspondence I have not responded to the DN they recently sent me.

 

The letter is titled Legal action pending.

 

If I don't contact them my account may be transferred to solicitors!

 

Cheek!

 

Cupcake

[cupcake68]

They have terminated my agreement!

[katedog]

They have terminated my agreement!

 

 

Hi cc

 

did they write and tell you?

 

Katedog.

[cupcake68]

Hi Katedog

 

I cca'd them in March and they failed to send an agreement.

 

They sent me a default notice with about a month to pay on and then sent a letter half way through saying that I had chosen to ignore their DN and today they have sent termination

CC

[katedog]

Sounds to me like you've got them worried

i would agree with others that you dont need to do anything,

i would advise that you compalin to everyone you can think of fos oft etc.

my egg thread is upto date if you want a look.

 

Katedog

[cupcake68]

Thanks for that!

 

I panicked because their DN was the only one of the twenty or so we have received that gave me enough time!

 

I assume they can't enforce it if the account is in dispute because they didn't comply with my request?

 

I'll have a little read on your thread.

 

Thanks for the support and good luck.

 

CC

[cupcake68]

So

Where do I stand now with this?

 

I'm assuming they will pass me on to a debt collector and I will write back saying they should not have passed on while the account is in dispute etc.

 

But now they have terminated can they de terminate when they realise ? Can they continue harrassing me for the full amount (I know they will whether they can or not).

 

I'm just trying to see a bit into the future. I know with others that have sent fault DN's I am pretty much sorted because they can only claim outstanding amount before termination but they have sent a correct DN.

 

I haven't found any threads to explain this on to me!

 

Thanks

 

CC

[cupcake68]

Any ideas?

 

CC

[cupcake68]

I have received a letter from Moorcroft asking for full payment. If I do not come to an arrangement by 080809 they will be starting legal proceedings.

 

So..

I assume I should be sending the letter stating the account was in dispute and they should not hvae passed the account on to them.

 

Are moorcroft part of Egg?

 

Is there anything else I need to know about them?

 

Thanks

 

CC

[cupcake68]

Not sure if it's relevant in this case but Moorcroft letter was dated 010809 and sent second class but states I have to have made repayment arrangements by 080809.

 

Cupcake

[cupcake68]

Sorry to keep asking but I think I need to be sending this letter as soon as possible and I am not 100% sure if I am correct in my thinking!

 

Thanks

 

Cupcake

[clemma]

You need to send Moorcroft the bemused letter

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***OC*** and has been since ***Date***

 

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

 

 

As ***OC*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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

 

If ***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.

 

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

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print do not sign your name

[cupcake68]

Thanks Clemma

 

I thought that was the case.

 

Do you know where I stand being that they terminated the ccount while it was in dispute because they didn't send me an agreement when I requested a CCA?

 

It was an online application in late 2007 early 2008.

 

I am amazed that they ignored my request on this one because I would have thought it an easy one for them to make up!!

 

Cupcake

[cupcake68]

Hi

 

I have started receiving unknown calls to my mobile this week. I looked the numbers up and turns out it is fredricksons!

 

Also received a letter from them today.

 

Do I send them the bemused letter?

 

Thanks

 

Cupcake

[cupcake68]

I am sending Fredrickson the bemused letter re above post.

 

I think that is the right move but if anyone has any other suggestions, they would be welcome.

 

Thanks

 

Cupcake