The First Steps

[BBG]

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.

[Mr Fox]

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 August 7, 2009 by Mr Fox

[sam614]

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

[maroondevo52]

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.

[BBG]

@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.

[maroondevo52]

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.

[BBG]

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?

[postggj]

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

[BBG]

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.

[maroondevo52]

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.

[Zimmie]

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.

[BBG]

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.

[BBG]

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 August 10, 2009 by BBG

[maroondevo52]

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.

[BBG]

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 August 11, 2009 by BBG

[maroondevo52]

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.