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WormHasTurned

Disputed Debt 'stayed' at court is then sold to DCA .. who want details of the court case from me

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OK, I'm not proud of this but becuse of changed circumstances I have a pretty large debt with Egg which has gone to DLC and then Aplins.

 

The letter reads:

 

Dear Sir/Madam

 

Further to our recent letter we are now issuing a claim against you in the Northampton County Court and will be seeking to obtain a Judgement against you for payment of the whole amount forthwith.

 

This does not mean we expect you to pay the full amount straightaway. The reason we are seeking to obtain a forthwith Judgement is to enable us to apply for a Charging Order on your property simply to obtain some form of security for the large debt.

 

We would like to make it quite clear that if we are successful in obtaining the Charging Order there us absolutely no intention to seek to enforce it by applying for an order for sale. We merely wish to register the Charging Order so that if you sell the property at some time in the future there will hopefully be sufficient equity to enable this debt to be paid.

 

In the meantime, once we have obtained the Charging Order, we will be happy to accept payments at a rate which you can realistically afford.

 

 

Not really sure what to do next . Any knowlegeable help appreciated.

 

Should I try to reclaim charges against Egg and challenge the amount owed?

 

Thank you for your informed help.

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Firstly, I must say that this is the NICEST letter I have ever seen from a DCA! In any event, I would send a CCA request to the DCA, this will put the debt on hold a buy some time. Dont forget to enclose a £1 postal order. Then send a SAR to Egg and see what charges can be claimed back to reduce the debt.

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I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thank you.

 

An update. Claim form issued in Northampton County Court by Egg Banking plc with Aplins shown as address for documents and payments, and myself as the defendant.

 

I subsequently sent a CCA request and £1 postal order on to DLC and received acknowledgement letter from Hillesden Securities:

 

"I would confirm and advise the following:

1. I acknowledge receipt of your payment of £1 in association with your request for documents under Section 78 of the Consumer Credit Act 1974. We have put in a request on your behalf to Egg Banking plc for a copy of your original agreement. When this becomes available it will be forwarded to you.

2. If we are unable to forward a copy of the original agreement we will be able to supply a true copy of the document which will comply with Section 78 of the Consumer Credit Act 1974.

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand."

I sent S.A.R. request to Egg + £10 postal order and received their standard letter back asking for identification and advising

"What happens next? We will begin processing your request on the day we reveive your identification documents and will provide our response within 40 calendar days of that date" etc etc

I have filled in the 'Acknowledgement of Service' online to the Court intending to defend part of the claim and I believe this gives me 28 days to file my defence.

 

I don't think I will have received the info from Hillesden/DLC and Egg by the time the 28 days for me to prepare my defence runs out.

 

What would Learned Ones here recommend my next steps should be please?

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I would write to the courts asking for a postponement on the grounds that you are disputing the debt and that you have sent a SAR request to Egg who are delaying. They saw fit to serve papers on you (clearly they were satisfied with your identity and address). Tell the courts that until this information arrives, you are unable to properly prepare your defence.

 

Also write to Egg stating that you find their letter to be a stalling and delaying tactic and that you have written to the courts to point this out. Point out to them that they did not have a problem with your identity when they filed court action!

  • Haha 1

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Thank you Stan.

 

I have written asking for a postponement, and will check with the court whether this will happen.

 

Actually I don't mind Egg stalling and delaying, after all it is them who are taking me to court, so I don't think I will spend another stamp at this stage.

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I proved my identity by using their secure online messaging service. this might help.

 

I'm not sure if they can procede with the court action if the debt is in dispute. I'm also not sure about charging orders though so I don't know what your reaction should be to it.


If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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I have seen on other threads that Egg don't accept using their "Secure" messaging as proof of identity. Nice to know their level of confidence in their own security systems isn't it?

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Hi WormHas Turned

 

I too am having problems with Egg, so first off all you have my sympathies!

 

As l understand things, Egg (or any other unsecured creditor) CANNOT apply for a charging order unless you have failed to comply with payment terms of a CCJ. They must obtain a CCJ firstly and you should -with the aid of an income and expenses statement - be able to obtain an affordable monthly payment agreement from the court. As long as you then keep to the payment schedule agreed and unless yr circumstances improve dramatically, no court is going to grant them a charging order on your home!

 

Remember, Egg is an unsecured creditor. They don't own your life or home!

 

Best regards.................Valdez

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I spoke to the court and they said I should fill in the online forms and explain I did not have the information I need from Egg for my defence.

 

Have just today received the letter from Egg confirming acceptance of my ID and stating up to 40 calendar days to receive SAR info. Still no CCA info recieved from Hillesden.

 

I need to get a response to Moneyclaim Online in the next 2 days.

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Hi wormhasturned

Just seen your post Hope this is soon enough.

 

1) The Claimants are put to absolute proof and no admissions are made as to any liability to the claimant

2) The Particulars of Claim do not disclose reasonable grounds for applying for a charging order

3) The defendant requires that the claimant identify their authority and legal entitlement to bring this claim by in part providing the defendant with a ‘true’ copy of a properly executed agreement, as required under section 77-79 of the Consumer Credit Act 1974

4) Should the matter be allocated the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider making appropriate orders thereby giving the Claimant the opportunity to properly particularise the claim

5) In the event that the claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.'

 

Until the Claimant does the Defendant is unable to plead to the allegation, and because of this the Defendant denies that they are liable.

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I have seen on other threads that Egg don't accept using their "Secure" messaging as proof of identity. Nice to know their level of confidence in their own security systems isn't it?

 

 

HERE IS a link to the data protection act 1998 ...... note the word "REASONABLE "

 

 

Data Protection Act 1998

1998 Chapter 29 : PART II :

 

RIGHTS OF DATA SUBJECTS AND OTHERS

Right of access to personal data.

7. - (3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

 

 

http://www.opsi.gov.uk/acts/acts1998/19980029.htm

 

 

apparently some lenders who issue county court claims still want people to send their passports or driving licences in as I.D. !!!!


:cool: sunbathing in juan les pins de temps en temps

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Well, when it came to the last day I put in a defence - because I had no other option - thanks JonCris for your words.

 

At that time - and now - I hadn't received back my CCA request or my Subject Action Request. So I let the court know this.

 

The court has responded, putting the information back to the claimant

 

The ball is in their court if they wish to pursue the case.

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just reading this thread and find it absolutely incredible that Egg can do this - I am also a customer of theirs and am appalled! They cannot just go issuing claims for charging orders against property when specific defaults have not given rise to CCJ's etc. you need to get some proper advice on this - contact the national debtline on 0808 808 4000 who should be able to give you some specific guidance on where you stand - and i would also ask the court for compensation by lodging a counterclaim for your time and inconvenience

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Hello wormhasturned,

 

 

I am keeping a very close eye on this thread, as I will be dealing with egg over charges in the not too distant future. I also have an issue with payment protection, as I do not ever remember asking for this!

 

So good luck, and keep us all informed of any progress.

 

 

Cheers, Jeff.

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I've been a bit quiet for a while - just waiting for time to tick by ...

 

The letter I received from the court advised:

 

"The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has lapsed the claim will be stayed. The only action the claimant can then take will be to apply for an order lifting the stay."

 

 

Well I haven't heard a peep out of Egg or DLC or their Solicitors. I've contacted the court and they advised me that nobody from Egg has been in contact with them and as the 28 day period (actually 28+5 days) has now passed, the case is 'Stayed'. They said Egg would have to pay and apply to a Judge for an order lifting the stay, and they would need to explain to the Judge why they left it so long,

 

Now this leaves me a little unsure of what to do next. When I hit financial difficulties last year (I'm self employed and a number of factors contributed) after a 'head-in-the-sand' period I contacted all my creditors with my budget and asked for reduced payments while I got on top of things again. Egg were my biggest creditor and the only creditor who wouldn't accept reduced payments. They were the ones who raised the stakes and added the charging order and CCJ action to their hand.

 

Reading other threads it seems I make no more payments as the debt is in dispute, and report them to the Information Commissioner for not complying with CCA request. Is this right?

 

As my finances improve and I am able to pay other creditors more do I just leave Egg totally out of the calculations? Are they going to reappear and chase me for payments in the future?

 

I'e been mulling round in my head how to deal with this morally and the things I want are

 

- to act within the law

- to be able to repair my credit rating

- to be able to sleep at night

 

Thanks JonCris for getting me this far.

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Forgot to add, I did actually get back the SAR information from Egg, within their own timescale.

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Hi WHT,

 

I do understand that this is a worry for you, but please be assured that the advice that will be given (I think I speak for everyone in saying this) will ensure that you act within the law! As to whether or not your credit rating can be repaired, depends upon your particular circumstances and if the debt can be proved to be enforceable or not. As for sleeping at night, I can only give you advice that I give to others; panic clouds the mind. Do everything within your power to prove that there is no debt, eg. lack of agreement, harassment etc...Exhaust every avenue of argument, believe me, that helps you sleep much better!

 

I also dealt with DLC and Aplins and they withdrew from the case. I would say that at this stage there is a chance they will produce the agreement and get the stay lifted. Don't be disheartened, it's just that I remember that Aplins were fond of little games! I would press them when the CCA time limits run out and send a copy of the letter to the Crt as well. A stay doesn't help you at all, so you need to keep harassing them over the agreement. If the morons tell you they haven't got it, you should apply to the Crt stating they have no case. Badger them for a while before you do this! DLC and Aplins are cowards, give them grief and they'll back off! You don't by any chance have insurance on any loans/credit cards from

them?;)

 

CCA non compliance isn't reported to the ICO, the DPA 1998 and the Freedom of Info Act are their remit.

 

Regards,

 

Laiste.:)

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I've been a bit quiet for a while - just waiting for time to tick by ...

 

The letter I received from the court advised:

 

"The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has lapsed the claim will be stayed. The only action the claimant can then take will be to apply for an order lifting the stay."

 

 

Well I haven't heard a peep out of Egg or DLC or their Solicitors. I've contacted the court and they advised me that nobody from Egg has been in contact with them and as the 28 day period (actually 28+5 days) has now passed, the case is 'Stayed'. They said Egg would have to pay and apply to a Judge for an order lifting the stay, and they would need to explain to the Judge why they left it so long,

 

Now this leaves me a little unsure of what to do next. When I hit financial difficulties last year (I'm self employed and a number of factors contributed) after a 'head-in-the-sand' period I contacted all my creditors with my budget and asked for reduced payments while I got on top of things again. Egg were my biggest creditor and the only creditor who wouldn't accept reduced payments. They were the ones who raised the stakes and added the charging order and CCJ action to their hand.

 

For what its worth Egg have a policy of defaulting debtors before they will enter into negotiations I'm seem to recall. As much as they were reasonably pleasant about the whole business, it does seem to me now i know a little more that this is in effect a ruse to allow them to take you to court sooner rather than later.

 

So what I'm saying is that if you owe them money don't expect them to be nice about it. If you haven't already prepare to make a counter claim against them.

 

I would pm JonCris with a link and ask him to look in. If you don't get a response hes not always on line during the week. if you need urgent help let before he responds let me know and ill try to get the info for you.

 

Reading other threads it seems I make no more payments as the debt is in dispute, and report them to the Information Commissioner for not complying with CCA request. Is this right?

 

have you actually written to them disputing the account balance? I mean specifically rather than in a round about way? Under the banking code they shouldn't enter into enforcement action on an account thats in dispute so it could be useful to register a dispute formally with them.

 

As my finances improve and I am able to pay other creditors more do I just leave Egg totally out of the calculations? Are they going to reappear and chase me for payments in the future? Yes they will reappear. have you entered into a debt management plan with a company or arranged things yourself? If you haven't used a company then i can recommend both CCCS and payplan. They're charities who wont charge you but will help you with organising a DMP/IVA or whatever is appropriate. I used payplan and they helped me a lot.

 

I've been mulling round in my head how to deal with this morally and the things I want are

 

- to act within the law

- to be able to repair my credit rating

- to be able to sleep at night

 

Thanks JonCris for getting me this far.

 

Re credit rating if you are careful then it may be possible but it is dependant on your debts/circumstances.

 

Ring payplan or cccs, they helped me sleep at night.

 

Incidentally if you do speak to a company who want any money form you, don't use them both the ones i have mentioned wont charge a penny.

 

HTH

 

Glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Good advice Glenn

 

Wormhasturned also send them, by special delivery, a D10 notice instructing them to stop processing your data. Ask for written confirmation within 7 days. Letter in the templates

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Subscribing!


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thank you everyone for your input.

 

I'm doing a lot of reading around other threads at the moment to try to familiarise myself more with what happens when people have sent DPA S10 notices.

 

It's a lot to take in, and I might need a little bit of encouragement or hand-holding.

 

I will do this very soon, I just need a couple of days to get my head around all the possible outcomes.

 

This is all new territory to me, but it does seem the logical next step.

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Have now had a telephone call from ARC(Europe) re the Egg account.

 

I advised them it was in dispute and that they should go back to Egg for more details, and I asked them to write to me rather than phone - they said they had written last week so I guess the letter will be arriving shortly.

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