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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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Popeye

Egg 1 CC & 1 Loan

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Hi all

 

Just starting a new thread for what I suspect may be a bit of a battle with EGG/Moorcroft. Currently on an exorbitant payment plan so sent off SAR - around 6 months later I've finally got a reply. Loan agreement is a microfiche copy onto their paper. This was a top up loan, and it seems they've added PPI (didn't want it, or ask for it).

 

I'm thinking of going down the 'approved limit', multiple agreement etc etc route with my letter to them. But I'm not sur eof we are still using the multiple agreement argument in view of the SSPL v waker thing (apologies if I've got the wrong end of the stick !)

 

And...I've seen references to asking for the PPI back and getting the agreement written off, but I can't find any specific letters that seem to fit this scenario. As i'm already in arrears on both accounts, any refund will be swallowed up by the potential 'off set' - so although it would be great just to get the debt reduced, if theres anyway of getting a double whammy on EGG I'd like to try it.

 

Any advice would be appreciated as always.

 

Popeye

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I've got a similar scenario

 

PPI added without asking. I've been on a DMP for two years now and decided to take it back from CCCS as look after it myself. Egg sent a statement (for the first times since the DMP) and when I phoned to tell them about the PPI they agreed to a refund there and then without any quibbles.

 

They tried to insist that I went through a debt review there and then as well before I could continue paying the same amount as I had through CCCS. I refused until the PPI had been refunded and I had a letter to confirm this with a new balance.

 

At this point the agent at Egg got very stroppy and told me I could see the debt going to a DCA (go on then!) and damaging my credit record (again go on then - already on DMP and account defaulted 2 years ago). When I explained that I was still willing to pay the agreed amount until I had this letter she tried to explain that she had told me it was sorted and that was good enough. I stopped her in her tracks and said it was not good enough and until it was resolved I considered the acount in dispute and therefore it could not be passed to a DCA whether she liked it or not. Cue more grumbling and me again telling her I did not need to listen to what she had to say as I didn't care and it would not change my position.

 

Lo and behold the account number and sort code appear and she cant get off the phone quick enough.

 

Now I intend to make things very awkward for Egg. First PPI refund and then I'll question the validity of the agreement.

 

I would have happily carried on as agreed if she hadn't been so downright rude. Now it's game on!!!

 

 

Good luck Popeye

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Hi BSC

 

Seems very similar - I've been paying this off to a much greater degree than I can actually afford. But I'm getting sick of their constant demands for even more cash so I've finally decided to try and fight back.

 

Good luck to you too BSC

 

x

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Hi BSC

 

Seems very similar - I've been paying this off to a much greater degree than I can actually afford. But I'm getting sick of their constant demands for even more cash so I've finally decided to try and fight back.

 

Good luck to you too BSC

 

x

 

YOU should be producing your own I & E and YOU should be telling them what you can afford to pay. Don't let them tell you what they think you can afford to pay (rant over :D:D:D)

 

Have you completed I&E forms out of interest or just agreed payment plans following discussions with these muppets?

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Now it's game on!!!

 

 

Good luck Popeye

 

Egg really deserve what they get - a horrible bunch. Out of interest, how old was your card with them?

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi M & M

 

Sorry for the delayed reply - very tempramental internet access!

 

Card was taken out in 2002 and the top up loan in 2004. The card 'agreement' is the same as most of those posted on the ot a site and has all the faults PT has identified as being potential problems for egg. When I took out the top up loan they insisted I also has PPI - and again there are the usual problems with the loan documents.

 

I've never completed any income & expenditure forms, just gone along with a payment agreement in order to try and get things paid off . I've got a reasonable day job and have taken on a night job to try and resolve all these issues. Everytime I ring Morrcroft to make a payment we have to go through the same crap about can I make an increased payment, how my current payments aren't acceptable etc etc and I'm just sick of it.

 

I was waiting for the outcome of PTs 'test' cases - but I've decided to sent them the letters now just to get them off my back for a bit.

 

Rant over - thanks for taking the time to reply !

 

Popeye

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Hi Popeye,

 

The amount you pay is up to you, what ever you can afford should be split between your creditors on a pro-rota basis. There is a personal budget sheet that you can use here.

National Debtline England & Wales | Personal Budget Sheet

 

You could send them a copy of the budget sheet if you wish but you dont have to. You decide what you want to pay and pay it if they agree or not. Also dont pay by DD or give them a debit card payment set up a standing order.

 

You can fiddle around with it and work out what you can reasonably afford to pay. It gives clear suggestions on priority debts etc which come first. You can make your offer of payment based on what's left.

 

Hope this helps.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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