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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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Egg Default- where to start


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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.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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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?

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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.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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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.

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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.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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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.

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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.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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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.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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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.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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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

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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?

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

Link to post
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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

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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