Egg not playing nicely

[MoneySuperbroke]

Hi All,

 

I have to say that this site is fantastic and there are hundreds reading this who like me willl one day register and send thanks.

 

I have an Egg card and an Egg loan, however they dont see me as a valued customer! (sic)

 

They first cancelled my card for no good reason but I read on here that I am not the only one - I really thought I had done somethign badly wrong!

 

After reading on a website about CCA and clearing debts I sent letters to Egg and also to Studio and then when i heard nothing after three weeks I have stopped all my direct debits and sent a second letter saying account dispute.

 

I have been told not to pay Egg any more money and my problem is that Egg now are calling and threatening all sorts.

 

I have not seen any letters and Egg are saying that they did send a letter and that I cannot not pay them and that I will have to pay fines and my credit rating will be affected.

 

Have I made a big mistake, should I tell them I have received nothing and account is still in dispute? They obviosuly know more than me and I feel really scared now eveytime the phone ring or the door goes.

[havinastella]

Hi and welcome to CAG

 

To start you off have a little read here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html?highlight=egg

 

 

Jogs

[havinastella]

and when you have finished that one

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html?highlight=egg

 

Have fun

 

Jogs

[MoneySuperbroke]

thanks Stella, I have read those and others before I am a member of this website.

 

The man on the phone from Egg told me that I shoudl not have withheld the payments and this mistake will stay with me for 6 years - maybe even for life. Have I made a big mistake here?

[2Grumpy]

Is it just the card that you have stopped paying?

 

When did you apply for it?

 

Was it online?

 

You said that you sent a second letter - did you tell them that you had recieved nothing in that?

[MoneySuperbroke]

Hello Grumpy,

 

Yes, I sent them a second letter fro mthe templates on here saying that I had heard nothing and the account is in dispute. I have stopped paying for both card and loan.

 

Also the card can no longer be used, not sure if that makes a difference?

[brokebutnotbeatn]

Egg will deny receiving anything. They've taken 6 payments (3 loan and 3 cc) from my DMP and still deny receiving my letters advising them of my appointed 3rd party, the authority to act, the proposal and in the case of the CC the money! It's all par for the course with Egg. Don't let them get you down! Just keep everything!

[MoneySuperbroke]

thanks for all ther replies.

 

I had a letter this morning saying that my debt had risen to an unacceptable level - i have only held one or two payments!

 

it is as if they dont see my cca request that i sent recorded and they dont see my disputer letter also recorded post.

 

what do i do next, is it pobbible that the credit agreement was lost in the post, is it a parcel sat in the sorting office? what can i tell them?

[MoneySuperbroke]

Sorry to keep adding to my questions - its just that not responding to Egg is making me nervous.

 

Should I wait for them to send a reply to the CCA request? They claim that they have and I have sent a secure saying that I have recived nothing and that the 12 days over over and the debts are in dispute.

 

If they do reply and the debt is encorcable - will they be able to levy the charges and negative credit scores and how can I prevent this?

[brokebutnotbeatn]

MSB - what more can we say. You feeling nervous is exactly how they're trying to make you feel.Y ou have the proof you need that they have received your letters. However, if it's making you nervous copy everything you have - the original letters and proof of delivery and send it all to them one more time recorded. In your covering letter state the facts including who signed for it. Then there really is nothing else you can do. If they call tell them writing only as per letter of x received by them y and further calls will be deemed harrassment. Do NOT enter into a conversation with them. If it ever goes to court you have everything documented for your defense plus some...

[brokebutnotbeatn]

Oh. They will have already placed a DN on your credit report - one missed payment secures that! Stop worrying!!!!

[MoneySuperbroke]

I have recieved another email from them stating that they have complied wit hmy CCA request(s) and that my account is not in dispute. If I wish to make a complaint then I should contact an address and they will either deal with the complain or forward to financial ombudsman.

 

In the meantime, they will fine my £12 for every failed collection of the funds and it seems they can try to collect the money several times per month - which coudl soon add up as it is £12 on each account.

 

Is it possible that they are playing games and my account is not enforeceable? Surerly until they have complied with the CCA request they cannot ignore the law and force me to pay and add fines?

[brokebutnotbeatn]

they can do what they like, but until they comply with the CAA you are entitled to withhold payments. print and save that e-mail and write (not e-mail) to them again stating the account is in dispute - you'll find the appropriate letter on this forum or someone may paste it here for you. If the produce an enforceable CAA then you can start the process of reclaiming back the charges they've applied ot the account - but one step at a time.

[MoneySuperbroke]

thanks once again for all ther help. Reading my emails on here I must sound really thick to go along with it and be worried - im not usually slow but it is a difficult situation.

 

I have already sent the below letter, can anyone advise if there is something more I can send, is there a letter that puts into their language that they have ignored my request and as such the accounts are in dispute?

 

Also the sums of money I owe are quite low and I will soon be out of debt - I hope! Is it worth me making an offer to them as I am sure one way or another I could pay off one of the accounts - Im sure with the worldwide situation that they just want to habve less debts on the books and that is why they cancelled my Egg credit card. the thing is at the time I was living in sin with my flexible freind but when I relaised I coudlnt get another card and transfer the balanace I had a few hard months and it was the best thing that could happen as I am now on a determined road to being debt free!

 

letter....

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request. On xxxxxxxxx I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with request, and as such the account entered default on xxxxxxxxxx.

 

As you may not be aware, failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed. Therefore this account has become unenforceable at law. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute, consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

a, may not demand any payment on the account, nor am I obliged to offer any payment to you.

b, may not add further interest or any charges to the account.

c, may not pass the account to a third party.

d, may not register any information in respect of the account with any credit reference agency.

e, may not issue a default notice related to the account.

 

 

After taking legal advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

[MoneySuperbroke]

Hello, can anyone please offer me some more help. I have now recieved a default notice which gives me less than 3 weeks to pay up the 2 months plus penalties or they will take me to court.

 

I have sent the CCA request and the 12 day letter and recieved no response. Is the law so against me that they can demand payments when they have ignored my request.

 

I really do feel like I am powerless now, can anyone please help?

[izzitme101]

dont worry to much, if they take you to court it will be easily thrown out, as they havent responded properly to a legal request, it is unlikely they would do that so quickly tho.

[brokebutnotbeatn]

EGG are very slow and the left hand doesn't know what the right is doing.

To ease your mind you could resend your in dispute letter with a copy of the recorded delivery proof. But the will continue to ignore you. just keep everything and post here as and when you receive things...

[MoneySuperbroke]

They are not so slow to email and phone for payments!

 

Am I in a cul-de-sac if it turns out that it is unenforceable?

 

Im thunking that they are playing games because both debts are not unenforceable?

[brokebutnotbeatn]

personally i think they're thick as...but hey ho...

[MoneySuperbroke]

I have sent them a letter explaining the law.

 

I have also sent a complaint to the financial ombudsman, not sure if this will help?

[spamheed]

Don't Panic about them, just because they tell you something, doesn't make it so. I stopped paying them over 2 years ago, have gone through all of this before, threats, Defaults, then Moorcroft, Then Fredricksons, no doubt some other chancer at a future date

 

They say they haven't received your letters (you have this in writing from them) You can prove catagorically that they have - this proves them to be liars - You are right and they are wrong

 

They say that this may saty with you forever, the law states at the worst it stays on record for 6 years - this proves them to be liars. You are right and they are wrong

 

They know what the law is, they don't need you to remind them, the CCA is supposed to be their bread and butter, they (like all of the rest) seem to have selective amnesia, they only remember the bits that suit them.

 

They will phone you when they shouldn't.

They will write to you and threaten you when they shouldn't.

They will issue demands and Defaults against defaulted accounts.

They will try to scare you into panic in the hope that you will pay.

They know they are in breach of the OFT guidelines

They know that nothing qwill be done about their illegalities.

 

You are right and they are wrong, just because they are a big corporation doesn't change this

 

So they will continue doing what they do until someone makes them stop

 

You have made a legal request for the CCA in line with the law of this country - the same law they rely on in order to loan out money and receive payments, if they choose to ignore your request, this is fine and really not your problem, as long as you retain copies of all of the correspondence (yours and theirs) then you really have nothing to worry about. You are right and they are wrong

[brokebutnotbeatn]

Spamheed...I have just one thing to say to you...fabulous.

[MoneySuperbroke]

HELP!

 

They are still hounding me, waking up the kids late at night anf first thing in the morning. the claims departmwent are a differant department and that Egg dont write letters. What can I do or say to stop them?

 

I still think they are going to pull a stunt leaving me up sh*t creack? Anyone else been down this path and doesnt regret it?

[brokebutnotbeatn]

unplug the phone until you're ready for the phone to ring or buy a truecall system? Funily enough, I've never had a call from EGG. Ignore the not writing letters bit, make sure you send yours recorded delivery. Send them a harrassment letter (if you haven't already done so) and read the bulk of that out over the phone to the next person from EGG that calls then hang up. Refuse to answer their security questons first and tell them the call is being recorded. How you conduct things depends on what your objectives are....

[MoneySuperbroke]

As a further update I have recived two letter from Egg today, one for the card account and one for the loan account.

 

The letters bascially say that they have complied with the CCA request and reading the details it seems that this is a standard letter where they think that I have recieved a 'fake' or dubious response to the cca whereas in actual fact I have recieved nothing.

 

Before I default in a few days should another letter telling them again that I recieve nothing?

 

They also say that I can complain to the financial ombudsman, but doing so means that they wont be able to speak with me directly - does this mean it will also get the collections department off my back?

 

I get the feeling that they are either very clever and playing a game or very struipd and dont know what they are doing.