Egg (now with DLC) - Charging Order

[~Mouse~]

Hi. I'm after some advice on what my next course of action should be regarding an Egg credit card debt of just under £5000.

 

For the past 18 months they have been happy to accept nominal payments of £1 per month due to a sharp decline in my income, but have now referred the debt to DLC who asked for my last 3 months wageslips. These I provided last week, and today I received a letter saying they are not prepared to accept £1 per month as it would take too long to clear the debt and they will be seeking a charging order on my house, even though it is clear from my income I cannot afford more than the agreed nominal amount. The letter did state however, that they would not pursue sale of the house!

 

I have no CCJs, have not asked if Egg can provide a copy of my signed agreement yet, and so far, with the help of the CAB, the only hassle I've had is the occasional review (where there has been no change in circumstances) followed by acceptance of my £1 per month.

 

I know this arrangement probably can't go on forever, but can they just say they will put a charging order on my interest in the house (jointly owned) without any CCJ or default on payment arrangement?

 

Am I best to let it go to Court? Do I ask for a copy of the signed agreement (and if so, what do I do next)? Are the Court likely to put a charging order on my house when my income and expenditure clearly shows I have nothing left to pay creditors now?

 

My first thought was to ask for a copy of the signed agreement. I'm getting a bit confused as to who to deal with now though... Egg or DLC?

 

This forum is fantastic for putting your mind at ease and giving great advice, but I'm having a little trouble finding answers to some of my questions... I don't think I'm looking in the right places! Thank you to anyone that can help and who takes the time to answer.

[mandyjayne]

Hello mouse and welcome to cag!!

 

In a nutshell...no they most certainly cannot obtain a Charging Order on your property, you have to default on a CCJ before they can even consider that route.

 

As you have said you do not have any CCJ's...its gonna pretty hard for that to happen!

 

When and if you should receive court papers, then you defend it from the start, with help from all of us, it wont even get to the CCJ stage, and the court will not make you pay more than you can afford...(if it did get that far)

 

Try not to worry..people on here will help and advise you day or night!

 

hope this puts your mind at rest until the troops arrive:D

 

all the best

 

mj:)

[angry cat]

Make s78 CCA Request(s) to both Egg & DLC.

 

They cannot obtain a charging order on your house without obtaining a court order prior.

 

I would also suggest that you make a SAR to EGG, on order to ascertain as to whether there were any unlawful penalty charges levied on the account, that you can reclaim.

 

The CCA Request fee is £1; mark the postal order: CCA Statutory Fee Only.

The SAR fee is £10; mark the postal order: SAR Statutory Fee Only.

[PGH7447]

Hi. I'm after some advice on what my next course of action should be regarding an Egg credit card debt of just under £5000.

 

For the past 18 months they have been happy to accept nominal payments of £1 per month due to a sharp decline in my income, but have now referred the debt to DLC who asked for my last 3 months wageslips. they had no right to ask for these, report them to the OFT These I provided last week, and today I received a letter saying they are not prepared to accept £1 per month Tough as it would take too long to clear the debt and they will be seeking a charging order on my house, really court is a long way off even though it is clear from my income I cannot afford more than the agreed nominal amount. The letter did state however, that they would not pursue sale of the house!

 

I have no CCJs, have not asked if Egg can provide a copy of my signed agreement yet, and so far, with the help of the CAB, the only hassle I've had is the occasional review (where there has been no change in circumstances) followed by acceptance of my £1 per month. ok so now you cca dlc and get them to put up or shut up

 

I know this arrangement probably can't go on forever, but can they just say they will put a charging order on my interest in the house (jointly owned) without any CCJ or default on payment arrangement? No

 

Am I best to let it go to Court? Do I ask for a copy of the signed agreement (and if so, what do I do next)? Are the Court likely to put a charging order on my house when my income and expenditure clearly shows I have nothing left to pay creditors now? No

 

My first thought was to ask for a copy of the signed agreement. I'm getting a bit confused as to who to deal with now though... Egg or DLC? you cca DLC

 

This forum is fantastic for putting your mind at ease and giving great advice, but I'm having a little trouble finding answers to some of my questions... I don't think I'm looking in the right places! Thank you to anyone that can help and who takes the time to answer.

 

send a cca request template 8 in consumer debt forum page - cost £1 postal rodersend it recorded do not sign it, they then have 12+2 days to supply, after that stop paying them

[~Mouse~]

Thank you for your replies, my mind is now more at ease, and the letter requesting a CCA is printing as I type.

 

I will also contact the OFT about them asking for my wageslips. It's a lot of hassle, but so is having them on my back every week lately!!

 

Thank you.

[~Mouse~]

I'm after some more advice please. I have send a CCA request to DLC (but not to Egg yet, will do that if you advise me to).

 

DLC have sent a letter back stating they are only the Collections Agency dealing with Egg and that I have to make the request to the original client (they have given me the address of Egg Data Request Team). They have also returned the postal order to me, asking to send another one in the name of Egg, and that Egg should respond within 12 days.

 

Where do I stand now? It was DLC that was threatening the Charging Order but I don't know who I should be dealing with now!

[PGH7447]

no they are wrong they are trying to collect so they should contact egg not you, wait until the deadline of 12+2 days expires then send them the account in dispute letter.

 

if they send the postal order back tough on them. the request still stands

[debt4get]

I'm after some more advice please. I have send a CCA request to DLC (but not to Egg yet, will do that if you advise me to).

 

DLC have sent a letter back stating they are only the Collections Agency dealing with Egg and that I have to make the request to the original client (they have given me the address of Egg Data Request Team). They have also returned the postal order to me, asking to send another one in the name of Egg, and that Egg should respond within 12 days.

 

Where do I stand now? It was DLC that was threatening the Charging Order but I don't know who I should be dealing with now!

pgh is quite correct it is these numpties that are chasing you and making threats it is up to them to supply you with cca, as previously said wait the 12 days then send account in dispute letter

[Huff&Puff]

And as soon as you send the dispute letter, stop paying them. They cannot legally take any enforcement action while a debt is in dispute, which it will be until they can provide a valid CCA (unlikely).

[~Mouse~]

Sorry to be a pain, but I can't find the link for the dispute letter Could someone point me in the right direction? Thanks again.

[SL8R]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[andydd]

I know that Egg have recently sold on many (thousands) of debts (including mine) to Apex recently but to DLC is a new one on me, trying to obtain a charging order is a new ploy too.

 

Andy

[phil_nottingham]

i Would tell them to go if they asked for my pay slips!. they have no right to see them.

[debt4get]

I know that Egg have recently sold on many (thousands) of debts (including mine) to Apex recently but to DLC is a new one on me, trying to obtain a charging order is a new ploy too.

 

Andy

andy they cannot obtain a charging order just like that, this is simply a threatogram and you must treat it like that..in order to even get a charging order you would have to have been to court, them obtain a ccj and then...you defaulting on ccj...you are a million miles away from anything like this

[~Mouse~]

Hi again. I sent the dispute letter, but got this letter today by way of reply (hope you can read it)...

 

 

It is almost identical to the letter I received when I first requested a copy of the CCA, and before I sent the dispute letter!!

 

I have now cancelled the standing order to them as recommended earlier, so do I just "wait and see" now, or do I reply to them again? If so what letter should I use next? Thank you in advance, you're so helpful.

[PGH7447]

ignore them they know the rules, they are just being stupid

[Huff&Puff]

Report them to Trading Standards and the OFT. They can explain to them why they think the law of the land does not apply to them.