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Declaration

Egg Default

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3983 days.

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I checked my credit file and it didn't make too bad reading, although my score is only 415.

 

I have had several loans (2 still running) and have never missed a payment or been late.

 

However, I do have a default from Egg on a credit card. It was for £3000 (since paid half of it off). There were extenuating circumstances and last week I got in touch with Egg and offered to pay off the remainder, and asked if they would be willing to remove the default because of the circumstances.

 

They declined to do so. My question is, if the credit agreement is unenforceable, which I suspect it may be as it was started in 2000, could I get the default removed if I go through the process of proving it to be unenforceable.

 

I am not running from the debt, and will pay it off either way, but the default is stopping me from getting a mortgage.

 

Any help or advice would be much appreciated.

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Do you still have the default notice ? was it compliant ? If they have a dodgy agreement which is unenforceable then you could make them a full and final offer and as part of the deal they remove the default !!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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See " Egg DNs successfully rolled back "

 

for 2 cases of monumentally difficult if ultimately successful DN rollback after 1.5 years and 2.5 years tussle.

 

A third success came in the case of Poochball, where rollback was much easier. In spite of doubts over enforceability and a possible total loss by Egg, the cardholder paid up, and a grateful Egg then volunteered to remove DN without bothering to tell the cardholder! For horsetrading you would need to reach a manager high up who has authority and flexibility to make exceptions from Egg's rulebook. Possibly visit Egg house in person? Then to lay the cards on the table, assuming you have good cards to lay -- the big stick and the carrot for Egg to do a deal for mutual benefit.

 

If a case reached court and a judge rules the law will not enforce a debt, he is not ruling that the debt never existed and that reams of statements detailing spendings and payments are forged and null and void and must not be mentioned in public, he is only ruling that he will not enforce debt collection until documents are produced in court to his satisfaction.

 

Rollback of DN requires separate legal action through the county court, as Yasmine found after 18 months trudging through various courts, eventually succeeding via a legal injunction only because Egg made a technical legal slip-up then threw in the towel for that reason. Yasmine's contention was that the DN was issued without sound legal basis, with her late payments due to penalty charges which Egg de facto admitted as unlawful (when they made full refunds), i.e. she would not have incurred late payment but for the unlawful charges.

 

If you PM Poochball he might possibly give you the name of the Egg manager who quietly did what you are seeking. With unlawful charges now reclaimable at will, card companies no longer have a persuader to encourage payment on time. DN, DCAs and CCJ are their last weapons. Publicly they appear to act tough on DN to make an example and show other cardholders.

 

Good luck.

Edited by Mistermind

 

 

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Thanks for the advice. I'm going to apply for a copy of the default notice to see if it is compliant. It was in 2007 so I suspect it will be ok.

 

I aim to pursue this, as I think that although they have acted within the letter of the law, they have been quite unreasonable in their dealings with me, especially as I have no other arrears or late payments at all.

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Mistermind's post is interesting, but my concern is if the default notice is in the prescribed form and gives the correct amount of days to remedy - have a look at this, this will explain why - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks 42Man, Once I get a copy of it, I will post it up. I aim to try and overturn it, and if it helps others, then so much the better

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