Beachy's OH v Egg Card

[beachcomber60]

Aint that strange

 

They flatly refused so I had to go to the FOS, quickly backed down though BUT they play dirty.

 

They refunded past six years from the date of my complaint, three years of which didnt have ppi as it was cancelled, accepted it in part settlement and reminded them of the Limitations Act & threatened court action, they then refunded the remaining premiums & claimed they 'misunderstood' the FOS.

 

Still not fully settled as they flatly refuse to refund the contract compound interest as 'Iam not entitled to it' back with the FOS & if they disagree then it looks like court for the balance.

 

They've made a huge some of money out of ppi and (as far as I'm concerned) I want mine back

[lexis200]

Interesting, thanks beachy.

[angry cat]

Beachy:

They've made a huge some of money out of ppi and (as far as I'm concerned) I want mine back

 

Your not alone there, Beachy...!

[beachcomber60]

As predicted by all of you - the Debtors Notice has arrived

 

OH may find it scary but I aint bovvered, will reassure OH that with approx. £1,000 ppi premiums (without ANY interest) & about £250 in charges (without interest) even if it is enforceable there's nowt to worry about

 

Beachy

Edited June 16, 2010 by beachcomber60

[lexis200]

You could also tell her that in about 2 weeks you'll get another letter telling you they're going to get info together to take you to court, then about 3 weeks after that they'll be back to being a bit sad that you've chosen not to contact them:rolleyes:

[beachcomber60]

Well after sending Fred's the dispute letter by recorded delivery the phone calls continue & this letter dropped on the doormat today :-

 

 

Not sure whether to hit them with ' dont you read your post you muppets' or reply with a CPR 31.16.

 

Beachy

[cerberusalert]

Posted by Enron http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182098-debt-collection-service-going-2.html#post1990463

 

 

If they are in default of the CCA request, and are requesting payment of funds they could find themselves in very hot water.

 

Technically that is enforcing an agreement whilst they are legally barred as section 78(6) CCA is in force.

 

I have it confirmed to me by the Office Of Fair Trading that a creditor in default of a s78(1) CCA request, may not enforce an agreement at all either with or without a court order until the request has been completed.

 

Here are the pages I had in response to an enquiry:

 

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

 

Requesting payment, and threatening court action would be further acts of enforcing the agreement - whilst they are legally barred from doing so.

 

Complain to the Office Of Fair Trading at what Fred and their associated companies are doing.

 

And write to Fred, enclosing copies of the three pages informing them that you have made a complaint to the OFT - and that you look forward to them completeing your s78(1) CCA request made on xx/xx/xxxx.

 

Send Fred this;

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[DonkeyB]

You are entitled to now use CPR as they have threatened legal action.

 

They should not be using legal channels to try and enforce a disputed debt, so yes, send that letter as well.

 

What a bunch of prats.

[DonkeyB]

Brilliant Cerbs!

[beachcomber60]

Big thank you's to you both

 

Beachy

[beachcomber60]

Letters & Notice ready to go

 

BTW Freddy is only acting as collectors for egg, they have not bought it

 

 

Thanks again

 

Beachy

[cerberusalert]

They'll drop it like a hot potato then.

[beachcomber60]

Well a CPR 31:16 reply from Freddy, but not as expected

 

 

 

 

[cerberusalert]

See what the produce next.

[beachcomber60]

See what the produce next.

 

An agreement with the errors PT has highlighted in his Egg thread

[DonkeyB]

That's exactly the same response that Bryan Carter has been sending out in response to CPR requests. They are wrong - there is no track allocated, so they are bound by CPR.

 

You can refuse their request for an extension of time and apply for strike out if they fail to comply. They should have been in possession of the documents when they issued the claim.

 

Even if allocated to small claims, they have to produce the documents they rely on in their PoC.

 

Moreover - if you do agree to their extension for more time, make sure you inform the court and send them a copy of this letter. I wouldn't put it past this lot to agree to more time then go for default judgment.

[angry cat]

In its entirely!?

Edited June 24, 2010 by angry cat

[zingy]

In its entirely!?

And, the contents has been noted, lol.

[DonkeyB]

They've obviously mistyped the copy of the letter they got from Carter on the next desk.

[angry cat]

Fred's are playing with words, Beachy; Semantics!

 

Read the letter again using the following:

 

Entirely (adv.): wholly.

 

Properly (adv): in the right way; justifiably; with decency or good manners; thoroughly.

 

Semasiology...

Edited June 24, 2010 by angry cat
spelling

[beachcomber60]

Fred's are playing with words, Beachy; Semantics!

 

Read the letter again using the following:

 

Entirely (adv.): wholly.

 

Properly (adv): in the right way; justifiably; with decency or good manners; thoroughly.

 

Semasiology...

 

 

 

Semasiology - Had to look that one up AC

[beachcomber60]

Well Well Well

 

Yet another letter from Freddie, just one sentence :-

 

'We would be grateful if you could note that we are no longer instructed to act in connection with this matter and our file is now closed'.

 

Beachy

[DonkeyB]

OK, be careful.

 

That doesn't mean the court case has gone away. They have not issued a notice of discontinuance, have they?

 

Call the court and ask if they have.

 

If the claimant wants to change solicitor in the middle of the case, they need permission.

 

So make sure your defence goes in, whatever.

[beachcomber60]

OK, be careful.

 

That doesn't mean the court case has gone away. They have not issued a notice of discontinuance, have they?

 

Call the court and ask if they have.

 

If the claimant wants to change solicitor in the middle of the case, they need permission.

 

So make sure your defence goes in, whatever.

 

Hi DB,

 

They didnt issue a claim, they were only acting as 'collection agents' & following their LBA (post #8 ) threatening Court action if the full outstanding balance wasnt paid within 7 days, they were sent the letter as per cerberusalerts (to whom I thank) post #9.

 

DLC now Freddy, s'pose we await the next one

 

Beachy

[DonkeyB]

Whoops, sorry! So many threads, so many claims...

 

Still, I don't think this necessarily means the end of it! It may pop up somewhere else.

 

That makes their letter about the track allocation all the more weird...