Egg Default- where to start

[Keasby]

Around february I missed 2 payments on my egg card. It had been terminated in their cull of unprofitable customers when citibank took over in 2007 so they were pretty low down my list of priorities when things got tight.

 

I have no recollection of a DN, proper or otherwise, but it may habe been sent, I didn't know about CAG and tended to panic and throw things away back then.

 

Next thing, I'm getting calls from Collect Direct UK, a most unhelpful bunch, so I start claiming back charges. Well all but about £80 of the £460 balance was dodgy PPI and other charges. I got the PPI back (hooray!) but still fighting on the charges so the balance is now about £130. The £80ish of legitimate debt will be paid by the end of this week when the SO clears, leaving a balance of exactly the disputed charges.

 

I checked experian and despite some problems in the last year the only actual default is Egg.

 

Assuming I was properly defaulted do I have any ground for removing the default as almost all the debt was unfair charges.

 

If I wasn't properly Defaulted, how can I find out- would I need to do another SAR?

 

Any thanks would be welcome.

[angry cat]

If there were charges and mis-sold PPI contained within the Default amount, as stated on your CRA file(s), that amount would be deemed as incorrect/inaccurate data.

 

Yes, I would make a further SAR to EGG.

 

Sounds like the Default Notice was inneffective.

 

Did Egg send you a Letter of Termination?

[Keasby]

They say they sent termination and DNs but I don't remeber getting them. Also the account was in dispute at the time but the woman claimed the OFT guidelines about not defaulting on a disputed account only applies to a disputed transaction. I think they may be telling porkies there.

 

If I send another SAR will they send me out the DN and Termination notice again or are they likely to claim they do not have to?

 

Thanks for the info btw.

[angry cat]

Make a Full SAR, asking for all historical data that relates to the account;

specifically request true copies of any and all Default and Termination Notices, together with proof of posting.

They will most likely just send template copies;

you will need to go through all the statements relevant at the time of Default/Termination as there should be notes made on the relevant statements appertaining to said default/termination.

 

Do you have any copies of your CRA credit files, at the time of the default?

 

Your CRA credit files may hold a clue to the default amount.

[Keasby]

I have all the statements to the month of the default and I have looked at my credit file online. It says the defaulted amount was the full balance (some £450 including PPI that was later refunded and charges that have not yet been refunded).

 

I spoke to egg and they claim the default was for the arrears- about £30, not the full amount.

 

It got complicated here. The reason for arrears was my £10 was not meeting the minimum payment, however, the 2% minimum was approx £9.50, and the reason I was not paying enough was the PPI, which took the minimum payment to £15ish. My claim was that as the arrears was also made up of unfair charges that it should not stand up as a default.

 

I hope the above makes sense.

 

I feel I have a strong argument for being wrongly defaulted whether I was defaulted for the arrears or the full amount.

 

They also said I should have been shut out from the online function (which I wasn't for some reason) meaning I would have had no way of checking my statements to see if my minimum payments were adequete.

 

All in all I think they have some explaining to do.

[angry cat]

When a Default Notice is served under s87 CCA, it should state the amount of arrears that are required to be paid in order to Remedy the breach;

in your case, the Remedy required was 30 Pounds.

 

However, it would appear that this Remedy was inaccurate?

Egg then went on a defaulted the account for the full amount, it would appear that once again, the amount stated was inaccurate, as there were charges and PPI included.

 

Sounds like EGG have completely messed up again!

 

If I were you, then I would be making a formal complaint to the ICO.

[Keasby]

I think I shall SAR them again, get the DN and Termination notices and go from there. Any chance to complain about Egg would be nice- they have been a nightmare for months now.

[angry cat]

EGG have been a thorn in my side for 3 long years now!

 

EGG, are a nightmare for many members...

 

I wish you good luck keasby.

 

Keep us posted.

 

AC

[Keasby]

I'm just editing my standard SAR letter to make sure that they specifically know I want the DN and Termination notices. I already have a stack of statements so could live without another two or three trees worth.

[Keasby]

Also- As the acount is still in dispute over charges should CDUK have sent the file back to Egg. Is that the same as transfering the debt in a dispute situation, which I understand they are not allowed to do.

[angry cat]

Technically they should not be pursuing you whilst the account is in dispute;

"Unresolved Dispute".

 

Unfortunately, most DCA's ignore this guideline; it is only a guideline.

 

Also, if there is an "Unresolved Dispute", which is affecting your CRA's files data, which may result in inaccurate data being processed e.g. amount of default. You CRA files should be marked as 'Under Query', until the dispute is resolved...

 

CDUK, should put the account on hold and/or, pass it back to EGG.

 

AC

[Keasby]

Ah Ok, they have given it back to Egg. The tone of their email was that they considered me too much hard work and they are now refusing (or failing) to respond to my emails to clarify some details of how they have managed my account.

I do feel I'm beginning to win but I also think this is one battle in a longer war.

 

Has anyone else heard the claim that the 'account in dispute' thing only relates to disputed transactions. This is what Egg claim but even so I would consider dodgy PPI or charges to be transactions. Is this a valid argument?

[angry cat]

PPI Premiums paid to EGG, are transactions!

 

Egg like to play semantics...

[Keasby]

So its all Pot-ay-to Po-tah-to then? I shall enjoy pointing that out in a polite yet firm letter. Thanks for the help so far. b