DLC and EGG card CCA request.

[tom a]

I sent a CCA request to dlc regarding an Egg Credit Card account.

Got their reply this morning. I don't have a scanner so will copy it out word for word.

 

Dear Mr XXXXX

 

Account number XXXXXX-Egg Banking Plc

 

Thank you for you letter dated 12 June 2009 regarding the above account. I can confirm and advise the following :-

 

1. I acknowledge receipt of your payment of £1 in association with your request for documents under section 77-79 of the Consumer Credit Act 1974.

 

2. This account has been assigned to Hillesden Securities T/A direct legal & collections to collect on our clients behalf.

 

3. Your request under the Consumer Credit Act 1974 would normally be made directly to the client that legally owns the account, in this case Egg Banking Plc, however, we will put a request in to Egg Banking Plc on your behalf for the documentation required.

 

4. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

 

Yous sincerely

 

A E Locke

 

I have been paying this debt through the CCCS and no interest is being charged.

Could someone take a look at this and advise me what action to take next.

 

Thanks in advance.

[kurvaface]

I think it's a case of sit tight and see what comes. I think because of the time that's passed since you ccad them you can now stop payments until they produce the correct documents.

 

 

I have been paying this debt through the CCCS and no interest is being charged.

I don't know if this affects things though.

[diddydicky]

I think it's a case of sit tight and see what comes. I think because of the time that's passed since you ccad them you can now stop payments until they produce the correct documents.

 

 

 

I don't know if this affects things though.

 

nope

[tom a]

Sent off CCA request to dlc and got the usual letter saying they are not obliged to provide a copy bla bla bla.

Today I received this letter.

Can someone take a look and advise me what if anything I need to do next ?

Thanks.

 

[cerberusalert]

You don't have to do anything. No doubt their next letter will be to say they are returning the a/c to their clent.

[tom a]

Thank you once again.

[tom a]

Been receiving letters every 21 days from DLC and Hillesden saying they are trying to obtain a copy of my original agreement and my account is on hold till they produce it.

Today I received this letter from ARC Credit Management. (attached)

 

Should I now CCA ARC ?

Thanks in advance.

ARC credit management..doc

[cerberusalert]

Send ARC this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[tom a]

Thank you once again. Letter delivered this morning.

[tom a]

Received a letter from DLC today telling me they have passed the debt back to Egg.

Not heard anything from ARC.

[tom a]

Will someone take a look at this and advise my next course of action.

Received this from ARC yesterday.

 

"Dear Sir,

 

We are writing in response to your recent correspondence.

 

We have contacted our client and they have confirmed that they have not received a signed request for your Egg Credit Card Agreement together with the statutory fee, therefore no Agreement was sent.

 

In order for our client to provide you with a copy of your agreement, would you please send them a cheque for £1.00 being the fee allowed under the Credit Consumer Act with your information request to the following address:

 

Data Request Team

etc.

 

Upon receipt of the same, they shall supply you with the appropriate data within the statutory period of 12 working days.

 

Please note that receipt of the request will not in itself delay our client's prior instructions to seek payment of the debt from you.

 

Yours sincerely

 

J Turner."

 

Do I need to send another CCA request off direct to Egg bearing in mind DLC had one in June?

Thanks in advance.

[Bazooka Boo]

Did you send the fee along with your CCA request to DLC?

[tom a]

Yes. Sent £1 postal order.

[tom a]

Any suggestions what to do next please?

[Hardupnotfedup]

Have they cashed original postal order. You can check on line. Post office site

[Bazooka Boo]

If they have failed to send you the agreement then send them the account in dispute letter, and withhold all payments until such time as they do come up with such an agreement and an enforceable one at that!

[tom a]

I sent ARC an account in dispute letter back in November.

Not heard anything from Egg.

[Bazooka Boo]

In that case then you need do nothing. If your credit file is of any importance to you then you could keep an eye on it and see who is leaving their mucky paw prints all over it, but other than that I would let sleeping dogs lie and wait for their next batch of threatogrammes..

[tom a]

Thanks for the replies. Credit File is shot to pieces so roll on round two of the threatograms.

[tom a]

Will someone take a look at this agreement received from ARC yesterday.

Don't know if it's enforceable or not.

Thanks in advance.

 

 

 

[tom a]

I've been reading through loads of threads regarding Egg credit card agreements and I think mine is the same as most.

I'm thinking of sending this letter to ARC (stolen from this thread.http://www.consumeractiongroup.co.uk/forum/egg/177463-response-our-egg-cca.html

 

"Dear ARC

 

Thank you for you letter dated XXXXXX, unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3)

 

I trust you will now be in a position to reduce the balance on this account to £0 and remove any default that you have registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed between me and Egg. If you refuse, I will commence court proceedings against you under s14 of the Data Protection Act 1984.

 

I look forward to your favourable reply within the next fourteen days."

 

Can someone advise me if this is the correct way to go?

[tom a]

Received a letter off the infamous Trevor Munn Solicitors this morning.

Threatening me with a County Court Claim in ten days time.

Can someone please advise what my next step should be.

[tom a]

Bump.