Urgent Help re EGG and DLC Phone Calls

[inaright2n8]

I am being chased by DLC over Egg Credit Card Debts and have been advised to cca Egg. Have sent EGG cca today but should i also SAR them?

 

In the meantime DLC keep ringing and asking for payments and i and e form and threatenibg other methods of contact should i not reply to their phone calls, which i'm worried may be doorstep collector etc - what should i say to DLC when they ring again tonight?

 

Urgent advice as to what i should or shouldn't say tonight required!!

[angry cat]

Send them a letter marked:

 

ACCOUNT IN DISPUTE.

 

State that you have made legal requests for documents to EGG under;

Section 7 of The Data Protection Act 1998 and;

Section 78 of The Consumer Credit Act 1974.

 

Any further contact from them (DLC) will be viewed as harassment.

 

If necessary, you will make a formal complaint to the OFT and Trading Standards.

[Pinky69]

Don't speak to them on the phone - ever. You will just get bullied and abused. Don't give them your security details and when they call, don't give them your security details and hang up. Everything in writing and keep a paper trail of it. If it was them who told you to get the CCA from EGG they are getting you to do what is their job. If you didn't receive a Notice of Assignment from EGG informing you that the alleged debt has been assigned/sold to DLC then tell DLC you will have no further contact with them until you do receive a NOA. Send them this:

 

DCA Home Visit - If you receive, or are threatened with, a Doorstep Visit

 

and send it to their Complaints Department at the address you have for them. Also tell them to stop calling you at home and if they don't you will start calling Robin Faccenda (he owns the company) at all hours of the day and night.

 

They are also not entitled to I&E forms, even if the agreement is enforceable - only a court can ask for details of your income and expenditure.

 

DLC have no power over you whatsoever and you do not need to dance to their tune - ever.

[Bigdebtor]

I agree with everthing above.

 

I found DLC the most unpleaseant DCA of about 8 who were pestering me at one point - writing saying they knew I owned my house and business - threatening doorstep visits the lot. I did initially agree a small monthly payment with them but eventually I stopped paying it because they kept pestering me to increase it, asking for I&E details etc.

 

Once I stopped payment and refused to talk to them it all went quiet and then Egg put Fredricksons on to me. I am not sure if they now own the debt - have just cca'd and SAR'd Egg - awaiting info back - also awaiting result of PT2537's case in March re dodgy Egg agreements.

 

If you have already had your crdit rating trashed then you have nothing to lose by stalling them until after the March hearing. If their pestering is unbearable an dthey ignore your letters then you could offer £1 per month just to buy some peace and quiet for 2 months. Just make sure if using a credit or debit card to pay that they don't take more than agreed. Tell them YOUR calls are being recorded! Paying by BACS or phone banking with you in control is always safer - and this avoids them taking money when you don't have it - thus costing you more in unfair/illegal bank charges.

 

One other thing that might be useful. I have generally found the people who answer inbound calls in DCA's to be more reasonable/approachable than the thugs who make the outbound calls - so any offer should be made by you phoning them, and not to any thug phoning you.

 

Hope this helps a bit. You are not alone!

 

BD

[Pinky69]

With due respect, if the agreement is enforceable, any offer should be made in writing. Once you get their response, if they don't agree, tell them £1 is all they are getting anyway and you will not be paying them any more than that - end of. You decide if and what you are going to pay, not them.

[shinobi101]

Phone calls - Refuse to answer security questions.

 

Answer "can I speak to..." with "who's calling please?"

 

"Sorry he/she's not available at the moment" "try tomorrow" (the supply of "tomorrows" is inexhaustable:))

 

"Oh she left a message for you, said something about dealing with you in writing only or something, I'll tell her you called anyway.."

[Bigdebtor]

Pinky

 

I don't disagree - but I found it easier to get them to accept a small monthky figure by phoning them. They then wrote to confirm it. £1 pe rmontyh is not too much to pay to avoid more hassle UNTIL it is established if the cca is enforceable - which is what we are waiting on PT to tell us in March.

[shinobi101]

After telling mercers to get lost I had a letter from Scotcall saying they would make a doorstep visit. I sent them the letter below, copied to Barclaycard complaints dept and to mercers. Only heard from Barclaycard after that.

 

My extra "doorstep" bit is in bold. hope it's of some help:)

 

You appear to be acting on the assumption some relationship you may have with “Mercers” is in some way related to me. I am not a party to any such relationship. Mercers are a third party interloper to an alleged contract between the ens legis ‘Mr Shinobi101’ and Barclaycard. No signed contract appears to exist, and therefore no legal obligation exists between ‘Mr Shinobi101’ and Barclaycard, at least until the said contract is produced.

 

You appear to believe that a “doorstep visit” would apply sufficient psychological pressure to elicit some kind of payment, or at least agreement. This is not the case.

 

There are no circumstances under which I would do any of the following with a doorstep caller:

 

• Confirm identity

• Discuss any aspect of any financial matter

• Offer or make payment in any form

 

Furthermore, you should note that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

This account is in dispute with Barclaycard and will remain so until they send a complete copy of an agreement which is enforceable under CCA1974 s127(3)

 

Attempting collection activity on a disputed account is a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As Barclaycard are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to Barclaycard for resolution of these defaults and breaches, as you or your client cannot lawfully pursue any enforcement activities.

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading’s Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I trust I will hear nothing more from you before I receive a true and complete copy of a valid consumer credit agreement from Barclaycard.

If a valid agreement is received and if money is lawfully owed, a financial statement may be provided direct to Barclaycard, and a pro-rata offer may then be made, payable direct to Barclaycard. Debt Collector’s fees will not be paid as their services are not necessary in this matter. All Barclaycard need to do if they desire payment, is send the alleged agreement as requested.