Egg - loan and credit card

[brokebutnotbeatn]

Hi, I have 7 creditors. I wrote to them in March to explain a change in financial cicumstances and I appointed a company to manage a debt plan. For 3 months that plan has been running smoothly and all but Egg accepted the plan (I don't believe Egg have even acknowledged it or my appointed 3rd party). So I was surprised to get home from work last night to a letter from Egg Credit Card to say they had been unable to contact me by phone (the only ones who didn't try I hasten to add!) and threatening legal action to recover the debt. Are these guys really, really stupid? I also have a loan with Egg managed under the same plan. I popped a 'secure' e-mail on and made reference to the fact that I had acted in a responsible and communicative manner throughout and from the outset but can see from CAG that they have a tendency to act in an irresponsible manner. Now, I couldn't resist but no doubt it will red rag time. But it was a useful way to intimate (in a non threatening way of course) that I know my rights! However, more of a concern is that there is no electronic capture of any payments - no activity on the account since May. I wonder does anyone have similar experience? I'm just wondering whether I need to go down the CCA route because I suspect this will run and run. BTW I was one of the 160,000 but the account still shows a credit limit, £5k more than the outstanding balance. Was this account terminated or not? I remember the letter but not the detail.

[brokebutnotbeatn]

OK. so now I've spent the entire day reading the "termination of Egg credit card agrement" thread. Wow. I am considering my next steps!

[brokebutnotbeatn]

Hi, can you view my reply on the following post (last page) please?

http://www.consumeractiongroup.co.uk/forum/egg/136848-termination-egg-credit-card.html

 

I don't supoe I've posted the link correctly (tell me how!) but you can see if in this forum if you scroll down a bit.

Thanks guys, appreciate the input/help/advice....

[alisindebt]

Hi, I have 7 creditors. I wrote to them in March to explain a change in financial cicumstances and I appointed a company to manage a debt plan. For 3 months that plan has been running smoothly and all but Egg accepted the plan (I don't believe Egg have even acknowledged it or my appointed 3rd party). So I was surprised to get home from work last night to a letter from Egg Credit Card to say they had been unable to contact me by phone (the only ones who didn't try I hasten to add!) and threatening legal action to recover the debt. Are these guys really, really stupid? I also have a loan with Egg managed under the same plan. I popped a 'secure' e-mail on and made reference to the fact that I had acted in a responsible and communicative manner throughout and from the outset but can see from CAG that they have a tendency to act in an irresponsible manner. Now, I couldn't resist but no doubt it will red rag time. But it was a useful way to intimate (in a non threatening way of course) that I know my rights! However, more of a concern is that there is no electronic capture of any payments - no activity on the account since May. I wonder does anyone have similar experience? I'm just wondering whether I need to go down the CCA route because I suspect this will run and run. BTW I was one of the 160,000 but the account still shows a credit limit, £5k more than the outstanding balance. Was this account terminated or not? I remember the letter but not the detail.

 

A standard trick is for Egg to say they attempted to call, etc. I have had such letters, also saying they emails, which never arrived. they are a combination of [problematic] and stupid. Either way, I would always do two things:

 

Copy all secured emails, I just copy and paste into Word, both sent and received. Certainly send one pound and request a CCA, most seem to have big faults. Once disputed, they are not allowed to add interest or collect payments.

[brokebutnotbeatn]

I've just checked my credit report and seen that Egg have defaulted me after recording just one missed payment (both the loan and credit card). I am in a debt management plan and they so far have not acknowledged this nor offset the 3 payments they have received against the outstanding debts. Whilst I continue to pay them through the plan, should I SAR them or should I just ignore for a while? What experience do people have of Egg. I've posted on this forum because it is more widely accessed than the Egg forum? My other creditors have noted arrangement to pay with no defaults issued (so 2 defaults out of 21 accounts).

[Patma]

Hi brokebutnotbeaten,have you CCA'd Egg to find out if they have a valid agreement?

[brokebutnotbeatn]

Hi Patma, I havnen't yet; these accounts are old so I'm sure with both they won't have an enforceable agreement. My next step was to SAR them. However, I've just heard the 3 payments re CC went to a suspended account (well, they won't communicate with anyone let alone my 3rd party, so not surprising) and the loan is "still considering" the paperwork, reply expected in a couple of weeks. If I start hte CCA and SAR process it'll put the cat amongst the pigeons with these clowns, so I'll wait for the outcome of their consideration and review then...

[Patma]

I don't think you'd have anything to lose if you cca'd them. You have a legitimate right to ask for the documentation. With them being old accounts, there's a good chance there won't be a valid agreement and that wou;ld put you in a strong position.

Good luck with whatever you decide and keep in touch when there are developments.

[brokebutnotbeatn]

Will keep you posted!

[brokebutnotbeatn]

Hi Guys, as some of you will know I have been running with a DMP for over a year now. All was going well. APEX have bought (I assume as I received a NOA from APEX) a debt from EGG that was running on the plan with interest frozen. Can they now start to pile on charges/interest? They have yet to accept the payment plan - but that is being handled by my DMP company. I'm just now thinking I should start the process of looking at unfair charges but thought I'd start one creditor at a time. This could be one to start with?

[citizenB]

It is my understanding that if you are on a DMP and have agreed with the original creditor a repayment plan, then the new owner has to take the account on those terms.

 

Is this a free DMP service you are with or one you pay for ?

[brokebutnotbeatn]

Hi Citizen, I pay for it. I'll keep an eye out for any charges applied.

[Bazooka Boo]

KICK them right OUT NOW!!

 

You should not be paying for a DMP, they are simply feeding off your misery, get rid of them ASAP.

 

The money these fleecers are stealing from you for doing the square route of nothing, is money wasted, it should ALL be going to your creditors, and I GUARANTEE these clown haven't even begun to ask these creditors if they are legally entitled to ANY money??

[brokebutnotbeatn]

Ah, BB - you always make me smile. Funny but my partner said similar words to that effect last night. However, I have recently emerged from dark times and am now getting my head above water for the first time in many years. Not quite ready to rock the boat yet. As for my DMP company, I found them and they have done a good job. I earn too much for the FOC services and am supporting one kid away (study) from home and another about to leave which the freebie services won't 'allow'. They have really worked with me to agree an amount I am can pay that still gives me a semblance of a life. I do not get letters or calls now and all my creditors bar Halifax have agreed to freeze the interest and charges. Halifax are a joke of course but they have reduced the interest so the debt is not getting any larger. All my debts are old so I am quite certain they will not have the paperwork and they will no doubt carry charges I need to start work on reclaiming. Knowing what I know now would I do things differently - yes - but that's the problem with hindsight!

[Bazooka Boo]

I understand, clearly I had had a bad day yesterday, and with no cat to kick, or DCA to taunt, venting my spleen via the wonders of the web works.

 

If you are happy to continue then who am I to say otherwise, after all I am not in your position, I shall go and hunt down some trolls in future...

[brokebutnotbeatn]

Hi BB. I am just honoured that I was worthy of a posting from you! Anyway. I've seen Apex crop up a few times on this site () and their tactics appear to be play silly buggers and hope someone will cough up in fear. I may be wrong but as they have not 'accepted' the arrangement I think they are going to try strong arm threat tactics. So, as busy as I am, I will have to keep an eye and can see myself being drawn into some letter writing. As I know where the template letters are by now perhaps a kick up the proverbial to start acting isn't such a bad thing - not least as it is EGG whom I loath with a passion and whom gave me my only default during this whole sorry period!

[Bazooka Boo]

Slowly slowly catchy monkey...

[brokebutnotbeatn]

Hi Guys, as I have just had Apex on the 'phone at work for a second time, I want to nip it in the bud. I have penned the letter below (based on one I sent in 2009 to Barclays CEO) so I'd be grateful for a friendly eye/sanity check as some of it may be out of date now? My objective is to make it clear to these bullies that I know my rights and that they can't intimidate me to pay more. Thanks heaps xx

You would have been quite proud of me. I was very firm and cross - but controlled - but my heart is still pounding!

Dear Sirs,

“FORMAL COMPLAINT” (Sent Recorded Delivery [date])

I refer to the above account, purchased from EGG as per your NOA [date].

As you acknowledge in your NOA this account has been running under a DMP managed by [name], the first payment against which was issued to EGG by BACS on [date].

Subsequently on Monday 21st February you called me at work announcing yourselves to the office as “Apex Credit Management” and trying to secure an additional ‘holding’ payment; at the time I advised you I was unable to do this as I am struggling to meet the demands of the payment plan already in place. I also instructed you not to call me again.

You have today called me yet again at work, in spite of my instruction and after having received payment under the Plan, according to the arrangement you purchased. Should you call me again on any number I will consider this to be harassment and in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. I will also consider you to be in breach of the Communications Act (2003) s.127 and I reserve the right to report you to OFCOM, Trading Standards and The Office of Fair Trading accordingly.

I have taken advice and I am informed that your company is in breach of the following OFT “Debt collection guidance, Final guidance on unfair business practices, July 2003 (updated December 2006)”.

 

Physical/psychological harassment

F. pressurising debtors to pay in full, in unreasonably large instalments,or to increase payments when they are unable to do so

Deceptive and / Or Unfair Methods

2.8 Examples of unfair practices are as follows:

C: refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers

D: contacting debtors directly and bypassing their appointed representatives

E: operating a policy, without reason, of refusing to negotiate with debt management companies.

 

As you already know, [name and address] [case number] is my authorised third party appointed representative. I require all further correspondence from your company to be made to them in accordance with the authorisation sent to EGG on 20th April 2009 and to you on 21st February, 2011.

 

I further request confirmation that my telephone details have been removed from your databases.

Please note that whilst I take my obligation to you seriously, if I receive any further telephone calls from your organisation I will have no hesitation in reporting the matter to The Office of Fair Trading, whom as you know, are encouraging reports of this nature.

 

I would therefore be obliged if you would kindly acknowledge receipt of this letter in writing and confirm that there will be no further attempts to contact me by telephone. My appointed representatives are entirely happy to communicate with you as they have alrady done so and I confirm that the payment set out in the plan is the most I can afford. As I have tried to act properly and in a sensible manner during this extremely stressful and distressful time, please find this letter as formal complaint about your practices and note that I expect to receive a satisfactory reply from your company within 7 working days from the date of this letter.

 

Yours faithfully,

[firstship]

Hi broke. good letter,read it a couple of times cannot see anything wrong,send it and recorded delivery as you are aware,

 

Wish you all the best FS

[brokebutnotbeatn]

Thanks FS appreciated. I just needed that sanity check. Will send tomoz as I need to pull out the NOA letter for both address and date. Tnx x

[42man]

Please keep us posted on this do send the letter above by recorded delivery. Every time they call you make sure you write down the dates and times that you were called.

[brokebutnotbeatn]

I wil keep you posted. I hope they will not call again - we shall see of course. Thanks again.

[brokebutnotbeatn]

OK. So I made some minor tweaks once I'd dug out the NOA and the letter has been sent recorded. Interestingly Apex wrote to me mid Nov to advise they'd brought the debt beg Sept! Their call end Feb was to say they had written 3 times but perhaps the letters had "got lost in the Christmas post" (nothing received by me or my appointed 3rd party representative). At the time they were presurising me for a holding payment while they "sorted things out with EGG" (as in the intervening months of course EGG were happily receiving the funds). I have put all this in my letter as it consitutes a written record then that might be useful moving forward. Will update if I hear anything back. Cheers peeps.