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    • Here is the letter I would be sending to the garage;   Dear Sir/ Madam Ref: xxxxxx On xxxxxx I purchased, and took delivery of, the above vehicle Ford Kuga from you. On xxxxx I discovered that it was not of satisfactory quality: the transmission will need to be replaced. The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.  I am legally entitled to ask that your repair or replace this vehicle at no further cost to me. If you are unable to do so, I expect to be reimbursed the original purchase price of £xxxx, minus an agreed amount for fair usage. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully,
    • They are from Birmingham City Council , and this where the his mom live At this time I was homeless , with no permanent address 😔😥
    • Hi all im looking for advice when it comes to council tax liability for a new home if an eviction is started for our old home but then suspended due to court error and pandemic causes further delay in proceedings.   The short story is i'm a disabled carer getting legacy ESA and carers allowance who has lived in his own home for nearly 20 years with mortgage as leaseholder. (SMI loan helps with mortgage interest). Also terrified of the UC migration that a change of circumstance will cause so dragging my feet tbh.   Just before the Pandemic the freeholder of our "old home" obtained a dubious possession order and we received notice of eviction before the pandemic so signed a tenancy for a "new home" that we where grateful to be accepted for in a new local authority district. As a result we stopped paying the bit of mortgage interest we needed to pay in our old home in favour of paying the rent for the new home out of our own pocket but before we could move into the new home proper and tell the DWP about a change of circumstance to get the rent paid (natural migration to UC?) the pandemic locked us in our old home!   Now we still haven't moved because the possession order was set aside when the courts re opend post first lockdown because of court error but possession proceedings are still ongoing with the added bonus the mortgage company is now involved and there legal fee's alone have been added to our mortgage balance effectively consuming all equity that was left in the property, thus our long term plan to sell, settle debts and move into rental is destroyed.    The new home awaits us and we spend a couple of days a week there, we have been able to put cheapest carpets in and blinds and moved some stuff in. We pay the rent out of our small income for security to avoid homelessness but we cant abandon the old home yet because thats likely a bankruptcy for certain if we just hand it to the mortgage company..   Believe it or not this is still a council tax question because the council where the new home is want there council tax and have demanded hundreds but obv we cant claim CTR yet as we havent formally had a change of circumstance due to the delay in eviction and im not sure they will like whay i have to tell them.    So the primary question is will the council be able or even willing to reduce or cancel the liability for the new home under these circumstances until we actually get evicted formally from the old home?   I think when you have title to a property you cant claim help with rent on another property and rightly so even in times like this...   We also worried about losing the new flat because being housing association we supposed to live there as our main home but have been delayed moving as described, its pretty certain we are getting evicted in the new year one way or another then insolvency might follow that depending how it occures we are just trying to find a path to avoid insolvency, benefit fraud and homelessness and deal with the council tax in the new home to! Not a small task during a pandemic! Its a tricky customer this any help welcome...  
    • Implications of a county court judgment_compressed.pdf
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Hey guys, first post here. I've just come across your site whilst googling round for some solutions.

 

Having read a few of your posts you all seem to know an awful lot about how to go about this sort of thing.

 

I owe Egg £5,928.71 on a credit card that was applied for probably in 1999 or there about (it's hard to recall).

 

I know I've been stupid and I feel totally sick I've spent that money on nothing.

 

Looking at the posts here I see it might be able to be classed as unlawful CCA or something?

 

What are the steps I need to go about setting this in motion?

 

I've read a few of the posts and am unsure about the steps to take.

 

I don't really feel capable to be dealing with collection agencies, if it is a bad CCA will Egg ever just accept that and right it off?

 

Thank you so much for giving me even the slightest glimmer of light at the end of a very long, black tunnel.

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I don't really feel capable to be dealing with collection agencies, if it is a bad CCA will Egg ever just accept that and right it off?

 

In my experience, no.

 

Egg will do everything within their power to get your money out of you.

 

If they do not have signed agreement (as appears in my case), the only way to get them to acknowledge this and to stop them enforcing the debt seems to be through the courts.

 

If you have one of the agreements that uses the the dubious 'Approved Limit' term and not the prescribed 'Credit limit' term then you may be able to get the agreement declared unenforceable, but again this will have to be acheived through the courts.

 

Others on here may have other opinions but i have found Egg will not simply write off the debt.

 

Edit: just realised, the above appears a bit negative, sorry, it's definately do-able but it will be a hard slog with Egg :)

Edited by Mr Fox
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http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

welcome to cag.:)

 

send it off.print name do not sign.

 

see what they come back with:)maybe nothing if its from 1999.

 

SAM

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Hi, BBG.

 

Who is dealing with your account now, do you have any idea what sort of amount has been added to the account in the way of charges.

When was the last time you made a payment to the account.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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@Mr Fox: No worries if it's negative or not, advice is advice so thanks :)

 

@Sam614: I will do shortly, thanks.

 

@Maroondevo52: At the moment Egg deal with my account and I make the minimum payment each month. I rarely miss a payment, about once a year, but it's always there, eating away at what money I have. It hangs like the Sword of Damacles.

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Hi,

 

There's a massive thread here that should interest you..........

 

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

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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After a lot of reading I have gone through that entire thread and it seems I should be going ahead with this.

 

I will post off a CCA Request letter on Monday. Do I need to to send them a £1 or £10 postal order? I see different figures around.

 

Also, I have moved out of my parents house 2 years ago (they still live there) but I haven't told Egg. Should I do this before I send my CCA Request? Will it hurt me in any way?

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at this time just send off a cca request

its a quid and get a postel order and send recorded delievery

 

will it hurt you to give your new address, now thats a question

 

on the cra files , you will be registered at your parents house,

tell them your new address will be fine as long as you have no debt skeletons lurking around

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Thanks for the info. I will get the postal order today.

 

What is a CRA?

 

Also can you define skeletons? I have 2 credit cards with debt on them and a loan with my bank.

 

The loan in under this address, as is the 2nd credit card with Barclays. It's just Egg that think I still live at my old address.

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Hi,

 

The CRA's are Credit Reference Agencies...........

 

The addresses of the credit reference agencies are:

 

Equifax Plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

Online Credit Report and Credit Check Services - Equifax

 

Call Credit Plc

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

0870 060 1414

Callcredit | Check your credit report direct from a UK credit reference agency

 

Experian Ltd

Customer Support Centre

PO Box 8000

Nottingham

NG80 7WF

0844 481 8000

Check your credit report - Experian UK and Ireland - the information services company

 

These are the main 3.

 

Regarding the Skeletons, if Egg's the only one at the old address, you should be fine.

 

The fee is now £2.00.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

I think the crux of this lies in whether or not you own the property you now live in. If you do, in the highly unlikely case that Egg got a CCJ, a Charging Order could follow.

If you don't own the property no problem in letting them know I guess.

 

CRAs are Credit Reference Agencies such as Experian, they are agencies who hold information on how you handle credit, they get their info from creditors, for example if you default. This info can affect your ability to get future credit or a mortgage.

 

All the best.

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Ah that's ok. I rent the property. I will fill out the form/letter tomorrow and post it first thing.

 

I'll keep a running update of any developments here.

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Hey guys. I just have a couple of more questions before I send anything off.

 

If I find out that the CCA is unenforceable can I push for a small settlement or write off of the debt whilst still paying the minimum amount so as not to get in trouble with Egg or when they see what I'm doing will they just terminate my account?

Edited by BBG
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Hi,

 

Yes, If they can't come up with your agreement, this puts you in a good position to offer a Full and Final to get shot of the debt.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Great. In that case my plan is:

 

Send them this letter with a £2 postal order: (could you check I have changed the correct areas please?)

 

Dear Sir/Madam

 

Re:− Account/Reference Number MYNUMBER

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £2.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

MY PRINTED NAME

 

Then when they come back, if it's unenforceable, I will carry on paying minimum payment and ask you guys how to go about a final settlement.

 

I hear Egg sometimes want proof of ID or a signature, what should I send?

 

Thanks :)

 

I feel so odd, sort of like this isn't happening, is happening and shouldn't be happening all at once.

Edited by BBG
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Hi,

 

Letter looks ok, the fee is only £1.00 for the CCA, it's £2.00 for the Credit Checks.

 

Regarding proof of ID, wait until they get back to you.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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