Egg loan/CapQuest threats, even when I live and work in China!

[alisindebt]

Hi! This is my first thread!

 

I have all the info needed here to get started and made it as short and succinct as possible.

 

In the early 2000's, I took out an Egg credit card and two unsecured loans. I kept all of the payments up to date and never missed a payment.

 

I then started to work abroad and came home for short break and paid off 5000 pounds on my Egg card, leaving a small balance. During a routine call to Egg, they started to question my circumstances. Once they knew I was working abroad they the card would be "frozen", so I could no longer use it, but I would still have to make the monthly payments as usual.

 

I used to make use of the interest free offers and then pay it off, so i guess I was an "unprofitable" customer, and i was amongst the first ever to be kicked out by Egg for that reason.

 

They said their customers have to be in the UK all the time. There followed a big row between me and them, whereby I said that if would not let me use the account due to being abroad, how come they would accept payments from my UK bank (Smile), which I still have to this date at my UK address.

 

I stopped payments for a while and then reinstated small monthly payments to the card and two loans.

 

I agreed with Egg three ways to contact me whilsst abroad: using their secure email on their banking website, using my personal email and to my UK postal address. This is not where I live, of course, just somebody who colleccts my post and forwards it to me around the world.

 

I explained that post to my UK address would be forwarded to me periodically. Needless to say, every time I received forwarded post, the bag was full of letters from Egg and a whole plethora of debt collection agencies.

 

I meticulously took the time to write letters and emails to each agent and also Egg, confirming once again what i initially had said, that I was working and living abroad.

 

Knowing this, Egg played a nasty trick of issuing a County Court summons (Northampton bulk court-surprise, surprise!) through a collection agency's solicitor and they won by default because I didn't even know about it at the time.

 

The claim was against one account only, one of the unsecured loan accounts. When a later batch of post was forwarded to me, I found the County Court judgment against me.

 

Firstly, I called the solicitor from abroad and said that he already knew I was abroad, and he seemed very embarrassed.

 

Then I wrote to the County Court with a whole load of info. This was copies of letters to all the agencies explaining that I was abroad, likewise letters repeating amny times, the same details to Egg, also a copy of my working agreement on a cruise ship, certified and witnessed by the Chief Petty Officer (Accountant).

 

Of course, the judgment was set aside and remains so to this day. I still maintain monthly payments at reduced rates.

 

Some considerable time later, in a subsequent batch of post, I received a letter from CapQuest saying that they had purchased one of the debts from Egg i.e. the one from the bulk County Court, one of the two unsecured loans.

 

So I switched my monthly payments to CapQuest. The credit card and second loan remain with Egg.

 

However, despite the fact that I am now working in China and also sent Capquest letters saying so (even some Chinese documentation) they have been repeatedly sending letters (right up until the present time)threatening County Court action to my UK address and emailing me weekly, also asking for higher monthly payments.

 

Furthermore, the unsecured loan debt at the time of default with Egg was around 2600 pounds. With late payment charges, added interest and other penalty charges it was bumped up to around 3800 pounds by the time it was sold to Capquest.

 

Now I note CapQuest are adding interest charges to the debt. Currently 800 pounds or so, taking it up to near 4600 pounds. I did not realise that debt collection agencies could add interest payments to purchased debts.

 

I recently sent by international DHL recorded courier delivery, two cheque payments of 1 pound and 10 pounds to CapQuest for a true copy of my original CCA and my Data Protection data, along with standard template letters asking for this information. It has been like pulling teeth.

 

They have cashed both cheques but refuse to send me the data Protection info.

 

Firstly, they don't want to use email to send the DPA stuff, as they say it is unsecure, despite using the same to ask me for payments and threat leagl action every few days for ages.

 

Secondly because I don't live in the UK (although they are quite happy to send letters, threaten County Court action and receive payments from my UK address) and thirdly, they claim to have lost my Chinese address.

 

This is despite the fact that DHL international couriers confirmed to me a signed delivery of the documents to Capquest's Fleet, hampshire, address, a few days ago. The package, by Chinese law, had to inform the recipient of the sender's address in China (i.e. my address).

 

Yesterday, they emailed me, saying that I was sending the letters and cheques from within the UK, which assumes that I am really living there (not in China), or that I have a contact who is fraudently signing my letters and cheques for me! They also refuse to acknowledge the set aside County court Judgement, saying that it never happened!

 

However, they did send a copy of the CCA. I have attached the two pages for your inspection.

 

I am not sure if you can read the scan, but it states the following:

 

Date of agreement: 26th May 2002

 

Signatures: mine and theirs, are both on the document.

 

Interest rate: 9.51% APR: 9.9%

 

Loan: 6000 pounds

 

Monthly instalments: 105.41 pounds

 

It also refers to various clauses in the personal loan agreement terms and conditions (e.g. clauses 6,7,8 or 9), however, as you can see, the CCA was only two pages long and there were no other documents included with it when I received it a few days ago.

 

I also note that does not mention a cooling off period.

 

So, there we have it. Any suggestions?

 

Many thanks from me here living and working in China to those who reply! A

 

 

Edited May 20, 2009 by alisindebt

[alisindebt]

Hi

 

Thanks for your reply. I have now changed to full sized images.

 

A

[alisindebt]

Hi Ida

 

The pages are single sided, so just two pages, nothing else in there.

 

So when they refer to terms and conditions, etc, the info is not there.

 

There was , stapled to the letter, copy of my original direct debit mandate.

 

That's the lot.......

[alisindebt]

Hi Ida

 

I see what you mean now. There could have been other pages missing, which would have been, for example, if my two pages were numbered 1 and 4. That would have meant two pages missing from the copy.

 

However, I have just double checked and there was no numbering onn the two pages that I scanned.

 

On that basis there could be a whole document that is part of the CCA, but it was not sent to me, and there is nothing in the page numbering to suggest that anything is missing, apart from referrals to terms and conditions, which were not part of the copy supplied.

[alisindebt]

Hi Ida

 

As I am new, did I post this in the correct place? I only got replies from you. Looking through the forums, I note that sometimes there are many replies.

 

In the Bank Action group, there is section specifically about Egg. Should I have posted there?

 

Thanks for your help!

 

A

[alisindebt]

Hi!

 

I have all the info needed here to get started and made it as short and succinct as possible.

 

In the early 2000's, I took out an Egg credit card and two unsecured loans. I kept all of the payments up to date and never missed a payment.

 

I then started to work abroad and came home for short break and paid off 5000 pounds on my Egg card, leaving a small balance. During a routine call to Egg, they started to question my circumstances. Once they knew I was working abroad they the card would be "frozen", so I could no longer use it, but I would still have to make the monthly payments as usual.

 

I used to make use of the interest free offers and then pay it off, so i guess I was an "unprofitable" customer, and i was amongst the first ever to be kicked out by Egg for that reason.

 

They said their customers have to be in the UK all the time. There followed a big row between me and them, whereby I said that if would not let me use the account due to being abroad, how come they would accept payments from my UK bank (Smile), which I still have to this date at my UK address.

 

I stopped payments for a while and then reinstated small monthly payments to the card and two loans.

 

I agreed with Egg three ways to contact me whilsst abroad: using their secure email on their banking website, using my personal email and to my UK postal address. This is not where I live, of course, just somebody who colleccts my post and forwards it to me around the world.

 

I explained that post to my UK address would be forwarded to me periodically. Needless to say, every time I received forwarded post, the bag was full of letters from Egg and a whole plethora of debt collection agencies.

 

I meticulously took the time to write letters and emails to each agent and also Egg, confirming once again what i initially had said, that I was working and living abroad.

 

Knowing this, Egg played a nasty trick of issuing a County Court summons (Northampton bulk court-surprise, surprise!) through a collection agency's solicitor and they won by default because I didn't even know about it at the time.

 

The claim was against one account only, one of the unsecured loan accounts. When a later batch of post was forwarded to me, I found the County Court judgment against me.

 

Firstly, I called the solicitor from abroad and said that he already knew I was abroad, and he seemed very embarrassed.

 

Then I wrote to the County Court with a whole load of info. This was copies of letters to all the agencies explaining that I was abroad, likewise letters repeating amny times, the same details to Egg, also a copy of my working agreement on a cruise ship, certified and witnessed by the Chief Petty Officer (Accountant).

 

Of course, the judgment was set aside and remains so to this day. I still maintain monthly payments at reduced rates.

 

Some considerable time later, in a subsequent batch of post, I received a letter from CapQuest saying that they had purchased one of the debts from Egg i.e. the one from the bulk County Court, one of the two unsecured loans.

 

So I switched my monthly payments to CapQuest. The credit card and second loan remain with Egg.

 

However, despite the fact that I am now working in China and also sent Capquest letters saying so (even some Chinese documentation) they have been repeatedly sending letters (right up until the present time)threatening County Court action to my UK address and emailing me weekly, also asking for higher monthly payments.

 

Furthermore, the unsecured loan debt at the time of default with Egg was around 2600 pounds. With late payment charges, added interest and other penalty charges it was bumped up to around 3800 pounds by the time it was sold to Capquest.

 

Now I note CapQuest are adding interest charges to the debt. Currently 800 pounds or so, taking it up to near 4600 pounds. I did not realise that debt collection agencies could add interest payments to purchased debts.

 

I recently sent by international DHL recorded courier delivery, two cheque payments of 1 pound and 10 pounds to CapQuest for a true copy of my original CCA and my Data Protection data, along with standard template letters asking for this information. It has been like pulling teeth.

 

They have cashed both cheques but refuse to send me the data Protection info.

 

Firstly, they don't want to use email to send the Data Protection Act stuff, as they say it is unsecure, despite using the same to ask me for payments and threat leagl action every few days for ages.

 

Secondly because I don't live in the UK (although they are quite happy to send letters, threaten County Court action and receive payments from my UK address) and thirdly, they claim to have lost my Chinese address.

 

This is despite the fact that DHL international couriers confirmed to me a signed delivery of the documents to Capquest's Fleet, hampshire, address, a few days ago. The package, by Chinese law, had to inform the recipient of the sender's address in China (i.e. my address).

 

Yesterday, they emailed me, saying that I was sending the letters and cheques from within the UK, which assumes that I am really living there (not in China), or that I have a contact who is fraudently signing my letters and cheques for me! They also refuse to acknowledge the set aside County court Judgement, saying that it never happened!

 

However, they did send a copy of the CCA. I have attached the two pages for your inspection.

 

I am not sure if you can read the scan, but it states the following:

 

Date of agreement: 26th May 2002

 

Signatures: mine and theirs, are both on the document.

 

Interest rate: 9.51% APR: 9.9%

 

Loan: 6000 pounds

 

Monthly instalments: 105.41 pounds

 

It also refers to various clauses in the personal loan agreement terms and conditions (e.g. clauses 6,7,8 or 9), however, as you can see, the CCA was only two pages long and there were no other documents included with it when I received it a few days ago.

 

I also note that does not mention a cooling off period.

 

So, there we have it. Any suggestions?

 

Many thanks from me here living and working in China to those who reply! A

 

Hi! This is my first thread!

 

I have all the info needed here to get started and made it as short and succinct as possible.

 

In the early 2000's, I took out an Egg credit card and two unsecured loans. I kept all of the payments up to date and never missed a payment.

 

I then started to work abroad and came home for short break and paid off 5000 pounds on my Egg card, leaving a small balance. During a routine call to Egg, they started to question my circumstances. Once they knew I was working abroad they the card would be "frozen", so I could no longer use it, but I would still have to make the monthly payments as usual.

 

I used to make use of the interest free offers and then pay it off, so i guess I was an "unprofitable" customer, and i was amongst the first ever to be kicked out by Egg for that reason.

 

They said their customers have to be in the UK all the time. There followed a big row between me and them, whereby I said that if would not let me use the account due to being abroad, how come they would accept payments from my UK bank (Smile), which I still have to this date at my UK address.

 

I stopped payments for a while and then reinstated small monthly payments to the card and two loans.

 

I agreed with Egg three ways to contact me whilsst abroad: using their secure email on their banking website, using my personal email and to my UK postal address. This is not where I live, of course, just somebody who colleccts my post and forwards it to me around the world.

 

I explained that post to my UK address would be forwarded to me periodically. Needless to say, every time I received forwarded post, the bag was full of letters from Egg and a whole plethora of debt collection agencies.

 

I meticulously took the time to write letters and emails to each agent and also Egg, confirming once again what i initially had said, that I was working and living abroad.

 

Knowing this, Egg played a nasty trick of issuing a County Court summons (Northampton bulk court-surprise, surprise!) through a collection agency's solicitor and they won by default because I didn't even know about it at the time.

 

The claim was against one account only, one of the unsecured loan accounts. When a later batch of post was forwarded to me, I found the County Court judgment against me.

 

Firstly, I called the solicitor from abroad and said that he already knew I was abroad, and he seemed very embarrassed.

 

Then I wrote to the County Court with a whole load of info. This was copies of letters to all the agencies explaining that I was abroad, likewise letters repeating amny times, the same details to Egg, also a copy of my working agreement on a cruise ship, certified and witnessed by the Chief Petty Officer (Accountant).

 

Of course, the judgment was set aside and remains so to this day. I still maintain monthly payments at reduced rates.

 

Some considerable time later, in a subsequent batch of post, I received a letter from CapQuest saying that they had purchased one of the debts from Egg i.e. the one from the bulk County Court, one of the two unsecured loans.

 

So I switched my monthly payments to CapQuest. The credit card and second loan remain with Egg.

 

However, despite the fact that I am now working in China and also sent Capquest letters saying so (even some Chinese documentation) they have been repeatedly sending letters (right up until the present time)threatening County Court action to my UK address and emailing me weekly, also asking for higher monthly payments.

 

Furthermore, the unsecured loan debt at the time of default with Egg was around 2600 pounds. With late payment charges, added interest and other penalty charges it was bumped up to around 3800 pounds by the time it was sold to Capquest.

 

Now I note CapQuest are adding interest charges to the debt. Currently 800 pounds or so, taking it up to near 4600 pounds. I did not realise that debt collection agencies could add interest payments to purchased debts.

 

I recently sent by international DHL recorded courier delivery, two cheque payments of 1 pound and 10 pounds to CapQuest for a true copy of my original CCA and my Data Protection data, along with standard template letters asking for this information. It has been like pulling teeth.

 

They have cashed both cheques but refuse to send me the data Protection info.

 

Firstly, they don't want to use email to send the Data Protection Act stuff, as they say it is unsecure, despite using the same to ask me for payments and threat leagl action every few days for ages.

 

Secondly because I don't live in the UK (although they are quite happy to send letters, threaten County Court action and receive payments from my UK address) and thirdly, they claim to have lost my Chinese address.

 

This is despite the fact that DHL international couriers confirmed to me a signed delivery of the documents to Capquest's Fleet, hampshire, address, a few days ago. The package, by Chinese law, had to inform the recipient of the sender's address in China (i.e. my address).

 

Yesterday, they emailed me, saying that I was sending the letters and cheques from within the UK, which assumes that I am really living there (not in China), or that I have a contact who is fraudently signing my letters and cheques for me! They also refuse to acknowledge the set aside County court Judgement, saying that it never happened!

 

However, they did send a copy of the CCA. I have attached the two pages for your inspection.

 

I am not sure if you can read the scan, but it states the following:

 

Date of agreement: 26th May 2002

 

Signatures: mine and theirs, are both on the document.

 

Interest rate: 9.51% APR: 9.9%

 

Loan: 6000 pounds

 

Monthly instalments: 105.41 pounds

 

It also refers to various clauses in the personal loan agreement terms and conditions (e.g. clauses 6,7,8 or 9), however, as you can see, the CCA was only two pages long and there were no other documents included with it when I received it a few days ago.

 

I also note that does not mention a cooling off period.

 

So, there we have it. Any suggestions?

 

Many thanks from me here living and working in China to those who reply! A

 

 

[alisindebt]

Hi

 

Thanks for the replies so far.

 

However, what I could really do with is knowing why the CCA could be deemed to be unenforceable.

 

The only things I spotted myself so far are two things, but I am not sure if this is enough to make it entirely unenforceable:

 

1) I note that there is no reference to a cooling off period.

 

2) It also refers to various clauses in the personal loan agreement terms and conditions (e.g. clauses 6,7,8 or 9), however, as you can see, the CCA was only two pages long and there were no other documents included with it when I received it a few days ago.

 

Many thanks!

[alisindebt]

Hi

 

I have still not received any further replies and remain somewhat in the dark as to the status of the CCA.

 

Basically, is it enforceable or not?

 

I also wrote to the National Debt Lin e two weeks ago, but they are snowed under, they cannot respond in a timely manner.

 

The reason that this is important to me is that there are also two other debts that I have with Egg, for a credit card and a second unsecured loan. I will get copies of the CCAs shortly.

 

Therefore I need to decide whether to challenge or try and settle at a lower amount.

 

I prefer to challenge, but need to know how and the starting point is whether the CCA above is enforecable.

 

Many thanks!

 

Al

[alisindebt]

Hi

 

I managed to get some "official" legal advice on this and thought I would pass it on to anyone who has a similar CCA. CCA problems fall intto two categories. Firstly, badly executed agreements. If you dispute such an agreement the whole thing is put on hold, they cannot take payments from you or add any interest or charges. At least this buys valuable breathing space.

 

In the case of the agreement that Imposted above, it is more than likely unenforceable. This is because the "prescribed terms and conditions" are not included in the two page agreement. These terms should either be part of the agreement and therefore signed for, or if in a separate document that should also be signed by both parties and should be produced when the CCA request goes in.

 

Obviously, that is not the case here. Furthermore, they quote the amount of money borrowed and payment terms but they are supposed to quote the actual cgharge for credit as a separate figure, which obviously they have not. Finally, there is no indication of a colling off period.

 

Now don't necessarily think that the debt just goes away. yes, you can dispute it for years to come and it may be that other DCAs jump on the case.

 

Persoanlly, I know some would disagree with me, I would rather use this as a negotiation tool for a reduced settlement. I sent a letter to CapQuest drafted up by a Lawyer, sotty I cannot post it until I know the outcome,, but basically as a result of this CapQuest have gone very quiet, so I am anticipating the ability to settle F+F for a low figure very soon.

[alisindebt]

To update this thread, it turns out that the agreement is none enforceable and even CapQuest have confirmed that in writing. therefore they cannot legally chase this money, besides which I live abroad and so the County court system does not stretch this far!

 

Furthermore, the same applies to a second Egg Loan, which is also disputed and on hold.

 

I also had a debt of just over 10000 pounds (ten thousand0 with Abbey and they sold the debt to Lowell's, who now say the card agreement is so old, there isno copy any more and they have written to me to say that they will not contact me any further to pursue the loan.

 

So to anyone out there reading this, get your CCA from your creditor and see if it can be disputed.

[alisindebt]

Hi CDS

 

I had the same problem i.e ;ots of info on Egg cards and little on CCAs for loans. First, I got a solicitor to look over it who speicalises in this. I then sent a letter specifying that what they supplied me was not a true copy of the CCA and accordingly, they are in default. In a letter to me they accpeted this in writing, I have to say I was a little surprised, albeit pleasantly. Egg cannot supply anything else, because there isn't anything else signed, so the agreement is unenforceable. Quite simple if you stick to your guns.

 

Hi Alis

 

sounds like good news for me to, I have an identical cca to the one above.

 

Where did you get the information from for your deductions?

 

there seems to be alot of comments on here regarding cc but egg loan agreements are few and far between.

 

best of luck

 

cds:)

[alisindebt]

Hi CDS

 

I know how you feel, I had similar problems, although only over a shorter period than you.

 

The problem seems to be in two parts. Firstly, most of the posts are about Egg credit cards, presumably because Egg gave them out to anyone, like confetti at a wedding, so there are obviously more people questioning those CCAs. Secondly, the posts are full of well-meaning, but ill informed people, claiming that this is a reason to enforce, that is a reason not to enforce, etc.

 

now I am not a Lawyer, but as I understand it some things would allow the CCA to be disputed and therefore any collections action or payments or interest would have to be frozen until the dispute is resolved. An example would be an unsigned agreement. This can apparently be resolved in court, assuming that all parties turn up. Something like no cooling off period would not on it's own be enough to warrant unenforecability.

 

An unenforecable agreement is one where even the court is not allowed to make changes. This would have to be something like terms and conditions missing from the body of the Contract, as is the case in mine. they can, apparently, be in a separate booklet, but this would also have to be signed by both parties and I certainly never signed a second document.

 

Like I say, I am no lawyer, so I contacted one who knows about such things. he said that in his opinion my CCA was unenforecable, mainly because there were no signed terms and conditions included in the agreement, which was only two pages long (unumbered) and because the total charge for credit is not on the agreement. Secondary to that, there was no mention of any colling off period.

 

he drafted me a letter to send to them, and they responded by positively accepting that it is not a true copy of the original and the account is suspended-yes, I have it in writing. They are hoping that Egg will come up with something, but there is anything for them to produce.

 

Sorry to keep going on about this but I've been pulling my hair out over this one for months.

 

Did the cca they sent you have your signature on?

was it on two sheets of paper supposed to be back and front?

so no total loan amount including interest is significant error?

have noticed right to cancel and cooling off period missing myself.

 

cds:)

[alisindebt]

This si waht I used and it worked perfectly. Unbelievebaly they wrote back saying that they weere asking the OC i.e. Egg for the true copy i.e. they admitted in writing that it was not a true copy!

 

Account In Dispute

 

Dear Sir/Madam

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. . You entered into a default on **12 Days DATE**

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

 

HI I HOPE YOU ARE WELL

 

WAS THE LETTER SENT LIKE THIS THE MAIN TRUST WAS THERE WAS NO TOTAL CHARGE FOR CREDIT.

 

I HAVE JUST READ YOUR TREAD

 

 

 

Simple THANKS TO PT

 

 

Dear Sir or Madam,

 

In respect of the credit agreement you have disclosed on the XXXXXXX 2009

 

After seeking legal advice from a Consumer Credit Law specialist i can comment as follows.

 

The agreement you disclosed is improperly executed, it is not compliant primarily with s61(1) Consumer Credit Act 1974 and the consequences are that as it stands the agreement is unenforceable and requires an order of the court pursuant to section 65(1) CCA 1974 to be remedy this problem. you are invited to make such an application for the said order.

 

Upon such an application i will rely upon the following points

 

The agreement is a fixed sum credit agreement, the rate of interest under the agreement is fixed for the term of the loan, there are no items entering into the charge for credit which are likely to be subject to change or variation therefore the agreement requires a term stating the Total Charge for credit with or without a list of its constituent parts, the agreement does not contain this term and therefore breaches Regulation 2 and Schedule 1 Para 9 Consumer Credit Agreement Regulations 1983.

 

The agreement must as a consequence of para 9, also include a term stating the total amount payable, again this agreement does not contain such information and therefore the agreement also breaches Reg 2 and Schedule 1 para 11 Consumer Credit Agreement Regulations 1983 and therefore the agreement does not comply with the regulations made by the secretary of state under the powers given by s60(1) of the 1974 Act and accordingly the agreement doesn ot comply with the strict requirements of s61(1)(a) Consumer Credit Act nor did it comply with s61(1) © Consumer Credit Act 1974

 

These breachs are clearly prejudicial to me as on entering into the agreement i was not givne the informatiuon that the Consumer Credit Act required to be made clear, i was not aware of the true cost of borrowing.

 

I would further highlight that Lloyds TSB subscribes to the Banking Code, as a requiremento f the code, they are required to lend responsibly and they clearly have failed in their duty under the code

 

my contention is that the court should not make an enforcement order, my authority for this contention would primarily be the case of Wlaker v SPPL in the Chester High Court before HHJ Derek Halbert. however if the court were minded to make an order for enforcement my argument would fall directly upon Rank Xerox Finance Limited vs Hepple CCLR 1994 1 and in this case the court taking into account a single breach of schedule 1 Agrement Regs reduced the amount of debt from £5000 to £500 to compensate the debtor for the prejudice caused

 

in view of this and in view of the fact you require an order from the court to enforce this agreement as clearly set out within the act, and the House of Lords in Wilson and First County Trust 2003 UKHL 40, i would invite your proposals to settle my dispute. i would also advise that i am informed that , i am able to apply to the court to consider this matter pursuant to section 142(1) CCA 1974 if no suitable agreement can be met.

 

however i trust this will not be necessary

 

I look forward to your settlement proposals

 

regards

[alisindebt]

Almost!

 

The main point is that they did not state the actula amount of crdeit charges (in my case), nor did they mention a cooling off period, but most imporatnatly, they are missing what are called "prescribed terms".

 

Like I said, I am no lawyer, but in layman's language, the two pages of the agreement that I received referred to other terms and conditions. These should be included in the Contract, or at least there should be a separate document SIGNED BY YOU AND THE CREDIT CARD COMPANY as part of the CCA. These were all missing in my case, and my lawyer has stated in no uncertain terms, this is an unenforceable CCA.

 

the simple letter give you the reference to the act.

 

So if they send the same again, used this letter, if you are happy with it.

 

the letter spells out what is wrong with the agreement

 

THE KILLER IS THERE NO TOTAL CHARGE FOR CREDIT,

 

SO IN LAYMAN TERMS YOU WHERE NOT MADE AWARE OF IT AT THE TIME OF SIGNING O HAPPY DAYS.

 

LILLY WHITE

[alisindebt]

Hi

 

I am delighted with the help I have got on here.

 

I had 4 debts and have the following outcomes:

 

1. Abbey/MBNA did not keep records of the credit card and could not supply a CCA. They have written off the debt.

 

2. CapQuest sent an unenforceable CCA and sent a letter to me admitting that they cannot enforce it.

 

3. Egg credit card supplied an unenforcebale CCA.

 

4. Egg personal loan supplied an unenforecable CCA.

 

Either way, I work and live abroad and they cannot chase me through the County Courts, even if they tried. I have also received a PPI refund from Egg and a credit card charge refund from Abbey.

 

Total savings around 17 000 pounds.

 

Therefore, I have closed all contact with all of them and will disappear into the sunset.

 

I am so pleased with your help that I have made a donation to your site.

 

Thanks once again.

 

Al

[alisindebt]

There has to be a reciprocal service between the UK and the country that you are in for this to happen. I am not aware of many countries that do this, but i believe Canada is one, you would have to do some research.

 

You can always try changing address, after 6 years there is the statute barred legislation.

[alisindebt]

Just to update you, CrapQuest, of course, said the CCA was enforceable. Well, they would say that wouldn't they?

 

So I explained to them that the "alleged debt" had previously been disputed by me and so i could not understand why Egg would pass it to a third party as that is against OFT regulations.

 

I got a letter today from Crapquest saying that they have closed the file.

 

Yippee!

 

Of course, they had to dish up some ***** to "punish" me, by saying that in their view the CCA was enforceable and that they would not refund the 1 pound fee for the CCA (I cheekily asked for that in my letter to them).

 

Many thanks to a friend for her "bemused" letter template which was instrumental in telling CrapQuest that there was a prior dispute with the OC, thereby precipitating the closing of the account.

 

Is it possible to send the "closed account" letter from Crapquest to the credit reference agencies and get the item struck off my file?

 

Also, can I invoice CrapQuest at, say, 20 pounds an hour for time wasted over the last year dealing with them?

__________________

[alisindebt]

Around 4100 pounds written off. The debt had already been set aside by the county court, as I live abroad, but Egg never told CapQuest:

 

[alisindebt]

Different people approach it different ways. Some people "disappear abroad" and the whole account eventually gets written off, although this can take 6 years. Even so, some DCAs have been known to "deposit" small amounts of money, such as 1 pound, in cash, claiming that YOU did it, so the account remains open.

 

Personally, I told Egg and others that I was living abroad but they still tried it on. Yes, the good people at Egg actually took out a CCJ when I was away, at my old address.

 

When I received the correspondence in my 6 monthly batches of post, I contacted the county Court and said that I was not there. So it was set aside. However, the thoughtful people at Egg decided that even so, they would still employ a DCA to chase the debt. Of course, we all know that disputed accounts cannot be transferred lawfully to a DCA, but Egg decided to go ahead anyway.

 

They employed some company called CapQuest to chase the debt. In turn, they wrote to my old address, despite the previous dispute and also threatened CCJ actiion.

 

A lovely lady at CapQuest, let's call her "Ann MacDonald" (a completely false name for example purposes) offered to help by saying that I could pay small monthly amounts. Unfortunately, after a year or so, I discovered that the CCA was unenforceable and that it was illegal for Egg to sell a disputed debt to a DCA.

 

CapQuest wrote to close the account , although I did call the lovely Ann MacDonald to ask for my payments back.

 

Well, would you believe, she changed from being my helper to being my unhelper. All I did was ask for my payments back and got a torrent of abuse from her. I even offered to call her at home if that would be more convenient.

 

I suggest get all of your CCA and SARS done ASAP and notify them that you are going abroad. Try and go for a write off or a small settlement.

[alisindebt]

Eventually, yes, because I managed from abroad to write off the idiots at CapQuest (4900 pounds) who were illegally trying to chase an Egg loan, also the idiots at Lowell's (10500 pounds) who were trying to chase an Abbey credit card until I forced them to admit that they did not have the original CCA, they did not keep records back that far.

 

I am left with a second Egg loan, also unenforceable and have given them an opportunity to write it off. Finally, an Egg credit card, where they have repeatedly refused to give me card statements showing unlawful charges over the last 6 years (this would write off the card, so no wonder they don't want to give me this info!).

 

Why? Because I prefer to get the whole lot settled without leaving a mess behind, but it's up to those jokers now. They have messed around since 2005, so it's up to them.

[alisindebt]

A friend was sending mine, but more recently I wrote to everyone and said, if you want me, here is my new address.

 

I am sure that the new person in your old address will soon send it back if they see DCA letters, etc.

 

Once you have notified then banks of your new address, you've done your job, but keep copies of notifying them otherwise they say they never received the letters.

[alisindebt]

Hi Alisindebt

 

Sorry for contacting you without any sort of introduction however i came across your thread out of desperation really.

 

It looks as though my egg loan is very similar to yours, therefore could you please tell me what i need to look out for to see if it is unenforcable - i have no idea what to look for.

 

Cabot are such a nightmare and they are now pestering me. I waited for months (over 6) for them to send me this, had almost given up but it turned up in the mail the other day

Any help is hugely appreciated!

 

Glad to be of help, no problem. My story is posted on here already for you, including scans of my CCA and why it was not enforceable. There are various threads, including a success thread. Go to the top of page and click search. Put it my name and serach for either trheads or posts and you will find all the details there, inclduing the reasosn why the CCA was unenforeceable.