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Honeypot

Help with Egg Please

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Hi All

 

Egg have defaulted me and passed my account to DLC for collection. The account was in dispute due not to receiving the CCA in the required time.

 

This morning 300 pages of statements and online agreement arrived in the post so they have rectified the dispute.

 

I have two questions please-

 

1. My account was taken in Aug 2005 so the digital rules apply. Is there anything I can look for to check whether its enforceable. I believe it is but I'm clutching at straws now !

 

2. DLC have said they will resume collection within 14 days. I cant afford to pay anymore than the reduced offer I sent to Egg 3 months ago.

Is there a letter I can send sort of saying this?

 

Or do I just resend the original reduced payment letter with I&E that I sent Egg when I ran in to difficulties?

 

Thanks

 

Vicky

xxxx

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Hi All

 

Egg have defaulted me and passed my account to DLC for collection. The account was in dispute due not to receiving the CCA in the required time.

 

This morning 300 pages of statements and online agreement arrived in the post so they have rectified the dispute.

 

I have two questions please-

 

1. My account was taken in Aug 2005 so the digital rules apply. Is there anything I can look for to check whether its enforceable. I believe it is but I'm clutching at straws now !

 

2. DLC have said they will resume collection within 14 days. I cant afford to pay anymore than the reduced offer I sent to Egg 3 months ago.

Is there a letter I can send sort of saying this?

 

Or do I just resend the original reduced payment letter with I&E that I sent Egg when I ran in to difficulties?

 

Thanks

 

Vicky

xxxx

 

Honeypot,

 

Can you post the Default Notice on here, minus personal details but leave the dates visible.

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Hi Vint1954

 

Thanks for calling in.

 

I have posted up my default noice on here and sadly its all in order....

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Thanks Postggj

 

Mine is Aug 2005 and has all the correct info on :?.

 

So now I have DLC to deal with. Can I maintain the original payment offer to them ?

 

Whats the best way forward ?

 

Thanks

 

Vicky

xxxx

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Does The Agreement Say Credit Limit Or

 

approved Limit

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Can You Post A Link To The Default Notice And Agreement

 

Thanks

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Hi Postggj

 

It says Credit Limit sadly.

 

Here is the DN.....

 

Can i ask-the remedy date on the DN is a week after they defaulted on my CCA request is that relevant. (They have since sent the agreement)

 

 

Vicky

xxxx

_0424090205_001[1].pdf

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the default notice is ok

 

if they defaulted you while in dispute of your cca request and you can back it up. by track and trace

copies from the dca etc

 

you can tel dlc or who ever to bog off

 

have you had any notice of assignment from egg and dlc

 

if not they can bog off

 

is the default amount made up of penalty charges, default notice is then crap if so

 

i could go on and on but you get the idea

 

you will not be paying dlc anything if ever for a very long time

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Hi Postggj

 

Thanks for your continued help !

 

These are the facts, can you see if I'm in with a chance.

 

-DN letter says sent to me on 20th April,remedy date 18th May

-Fri 24th April 2009 Posted rec delivery CCA Request.

-Mon 27th April Royal Mail track/Trace confirm it was delivered to Egg

-Sat 16th May (12+2 days are over ) no CCA

-Tues 19th May received a letter saying account terminated.

 

Secondly I have looked at all my statements there is heaps of late fee, overlimit charges, direct debit unpaid charges each charging £16 each time.

This is all included in my amount on the DN.

 

Thirdly my closing balance on 19th April is £4.71 less than the notice on the DN dated 20th April ?

 

I presume that is 24 hrs interest as the account was still gathering interest until defaulted.

 

 

Thanks Again

 

 

Vicky

xxxx

 

xxxx

Edited by Honeypot

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we can fight this with those facts

its because its all done by computer mistakes happen. that is to our advantage

 

did you get any notice of assignment from egg and dlc

 

they have terminated the account while in dispute

 

we can run with this

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Hi postggj

 

I have had a letter from DLC saying that they are collecting on behalf of Egg thats all.

I sent them the account in dispute letter and they have held off collecting until CCA produced which they have sent this morning.

 

The account was definately over 12+2 days when it was terminated by Egg.

 

Which is the best angle-the termination whilst in default or penalty charges added on to the DN. I have approx £200 of charges.

 

I think the arrears amount on the DN is wrong would this be an angle?

 

I need to double check....

 

 

Thanks for your time on this sweetheart on a Sat night.

 

I need a drink....!

 

 

Vicky

xxxx

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Hi Can Anyone Else Offer Advice Please.....

 

 

Vicky

xxxx

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Postggj are they template letters for these 'errors'.

 

Im not sure what to say :-|

 

 

Vicky

xxxx

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Can anyone else confirm whether I have a chance here?

 

-penalty charges are included in the DN amounts

-they terminated whilst in default of my CCA request

 

 

Thanks

 

Vicky

xxxx

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Respectfull Bump

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tell dca the account was terminated while in official dispute so any notice of assignment is invalid

 

did the notice of assignment come by recorded delievery,

if not, its invalid under the law of property act 1925 and dlc have no claim

 

say if dlc are now the legal owners of the account, any penalty charges will be claimed direct from them, this on its own renders any default or noa invalid

 

say that and dont be surprised dlc send it straight back to egg

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Thanks postggj

 

Can you confirm what you mean by notice of assignment?

 

I had a letter sent first class post from DLC saying that my account with Egg has been referred to them for collection. Thats all it says and to ring them urgently.

 

Is that the same thing?

 

 

Vicky

xxxx

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interesting that

 

it seems dlc are only collecting on behalf of egg and dont own the debt, but need confirmation

 

still send the letter though

 

it will give them some thing to think about

 

 

put at the top

 

account in official dispute and to be delt with by the complaints dept

 

send recorded delievery

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Thanks postggj will start drafting something. Will you check it over for me?

 

Can I just recap these points as I am struggling to grasp all this.

 

1. As the balance on the DN notice contains plenty of penalty charges the DN is invalid?

 

2. Does an account automatically go in dispute after 12+2 days of not receiving a CCA or do you have to write to them and put it in dispute?

 

3. If an account is in dispute I am not sure of the relevance of the Termination letter I received from them during this period ?

 

Are you saying an account cant be terminated whilst in dispute or cannot be assigned to a DCA whilst in dispute?

 

My Termination letter just says my account will now be handled by an external DCA. Is that NOA?

 

Sorry for all the questions.

 

 

Vicky

xxxx

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correct

 

if a default balance is made up of penalty charges, it invalidates the default notice

 

the account goes into default 12 plus 2 days after the request

 

they know the law

just tell them to remind

 

an account cant be defaulted or past to a dca while in dispute

 

dont worry on the assignment

 

just ask for the assignment notice

 

just after confirmation on that one

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OK postggj just phoned Egg and they said the debt hasn't been sold on but they are using DLC to collect on their behalf. So there isn't a NOA.

 

Is that relevant/does it change anything?

 

I think the only route I can go down is the penalty charges within the DN amount.

 

Is their anything juicy I can quote in my letter/specific law/terminolgy etc about penalty charges making the default invalid?

 

I tried Google but couldnt find much.

 

PS-whats postggj mean?

 

Vicky

xxxx

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leave it with me and ill post some thing later for you

 

post means postman

 

ggj means green jackets

 

used to be in the army

 

royal green jackets

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That would be fab. I'll log on later.

 

A hunky soldier to my rescue. Yum :p

 

 

Vicky

xxxx

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