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Court claim if no payment in 10 days

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I have just received a solicitors letter acting on behalf of a DCA acting on behalf of Egg advising that a court claim is being prepared and they are instructed to proceed if payment in full or a substantial payent with a firm commitment to pay the rest of the debt is not received in 10 days.

 

The DCA has been told the account is in dispute although an Egg agreement has been provided to me. The dispute was stated as being legibility of some of the agreement (just a few words) and no documents supplied that were mentioned in the agreement. I hadn't heard anything for months so assumed the DCA had gone away.

 

I have since seen posts on Egg agreements and believe there are a number of flaws including the 'approved limit' not being clear to a lay person as meaning the same as a 'credit limit', No default notice received and no mention of a default notice on the original 'agreement'. There also seems to be no linkage between pages which I understand is also a flaw in their agreements as the prescribed terms must be contained within the same document.

 

Any views on how best to respond would be appreciated noting that the usual claim threat using the words 'may proceed' are not included. It looks like they have been instructed to proceed.

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what about :

 

Dear Sirs

I refer to your letter of XXXX 2008 which was received today.

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (12+2 days after sending date) 2008 to comply with a legal request.

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by your client under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

 

edit to suit

 

ida x


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I hadn't informed Egg of the non compliant issues with the documentation other than the loss of some text on the copy they sent me. Is it worth pointing the other items out to either Egg directly and/or to the DCA and their solicitors?

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so you have never actually put the account in dispute?

 

I would edit the above letter stating that the account is in dispute becasue of whatever

 

try having a search of in the legal issues forum with egg agreements to see if they are any stuff you can use to help

 

ida x


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Yes, I advised the account was in dispute based on some text missing on teh agreement document. After sending the letter I found a lot of stuff on egg and quite a few flaws which were not included in teh dispute letter. I was just trying to clarify if it is likely to be worth sending a letter with other examples of the agreement being unenforceable.

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ok then just add the dates to the template letter above what you sent to egg to say account in dispute


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