Bryan Carter chasing old EGG credit Card Debt

[MandM]

is this issue to with carter or rent arears

 

sorry got a bit confused

 

what form will this be found upon

 

As this is an Egg credit card have a look on any of your statements (if you printed any) and see if there is a payment by you for card protection insurance (or similar wording). Doesn't change anything yet but may be handy further down the line.

 

M

[seklof]

roget that m

will have alook at anything i have from egg - regarding carter i sent the cca last week i believe it was tuesday pm - what is the next step with himself and the cca , does he ahve a time limit to respond?

 

im dealing with debtors as they arrive iv not sent any more cca s as nothing has landed on the mat yet

 

wise or no

 

cheers

[themagician]

roget that m

will have alook at anything i have from egg - regarding carter i sent the cca last week i believe it was tuesday pm - what is the next step with himself and the cca , does he ahve a time limit to respond?

 

im dealing with debtors as they arrive iv not sent any more cca s as nothing has landed on the mat yet

 

wise or no

 

cheers

yes he does 12+ 2 days from receipt ,if no enfoceable cca by then send him acc in despute letter a.s.a.p..

ps when/if you get any paper work if poss post it up removing any names address acc numbers or bar codes relating to yourselfe.

[gh2008]

im dealing with debtors as they arrive iv not sent any more cca s as nothing has landed on the mat yet

 

I would send s.78 requests to all your creditors - if they fail to comply they cannot enforce the agreement. i.e. they cannot get a judgement against you (until they do comply)

 

For £1ea it is a useful exercise as it does give you an idea, from their replies, what they do or don't have against you.

 

I would also advise that, if you can afford it, as soon as you get the inkling there will be a court claim issued get a SAR off to the creditor as they can turn up some very interesting & useful info. They're £10 ea so less likely to be able to send those off in bulk

 

good luck

[MandM]

Use track and trace post and pin all envelopes to the letters they arrived with too. Seperate file for each debt. Good housework now will pay off later on.

 

M

[gh2008]

Use track and trace post and pin all envelopes to the letters they arrived with too. Seperate file for each debt. Good housework now will pay off later on.

 

M

 

can't agree more !!!

and a separate folder on the PC, as you come across useful info, copy it into notepad and save the file in the folder. Or if you've got Microsoft OneNote then you're laughing

[seklof]

regarding cca s i will wait until they make their movesa s i have an invoice financing court action with hsbc which is proving problematic and need to get my legal aid

if he does not respond within the alloted time which letter should i send next

 

i am keeping everything filed away under each credit card , it is weird because i had a load of correspondence at first but now its really quietened down

lets sleeping dogs n all that - so for now ill keep you guys updated on carter issues

 

thansk guys

really appreciate the help

[MandM]

I know nothing about invoice financing so wouldn't know where to start. I assume you have a thread running for it.

 

M

[seklof]

iv got a thread rning for that yes m

ill keep that on eupdated once get some legal aid

sar ?

6 years and a debt cannot be enforced?

i coming up to 16 months so far and iv only received my first letter from carter

keep you guys posted and thanks for being around

[MandM]

A SAR is a request for all data held on you by the lender. It will be as thick as a phone book sometimes on older accounts. It costs £10.

 

Template letters for it are on this site.

 

But with Egg it will give you a copy of every monthly statement since the start of the card. Therefore giving you the total amount spent on PPI. If you can prove that the PPI was mis-sold to you then you are entitled to claim it back (plus interest).

 

Proving it was mis-sold isn't as tricky as what it sounds. For instance, you may have been self employed at the time. If the policy doesn't cover for SE people, then it could = mis-sold. Lots of other reasons too. So something to think about.

 

M

[seklof]

morning guys n gals

so an update - carter sent me a letter back

 

dear sir

 

we thank you for your letter dated 23rd january 2010 requesting documentaion

 

we return herewith your payment of £1.00 as you need to request this direct from our client but in the meantime you must continue payments as agreed

 

the address is as follows

 

egg bankin plc

et etc etc

 

your s faithfully

 

bryan carter and co

 

 

the thing is i havent made a payment to egg for 14 months now

[MandM]

Bit naughty of BC .

 

Will post you up a fitting response later when i'm home,

 

M

[gh2008]

BC should have sent it on to Egg - again this was covered in Carey I think

between m&m and myself we'll dig something out for you.

[seklof]

so will he now go to northampton

covered in carey?

what does he mean by this letter of course he should have passed it on a he is the one that will rely on this in court surely

cheers guys / gals

ding ding round 1

[gh2008]

covered in carey?

 

There was a recent test case.

Basically there are claims companies that were issuing a CCA request to an OC and when they failed to respond in the 12+2 days, were then taking the OC to court for the debt to be declared unenforceable and/or for an order for it to be written off as an unfair agreement.

 

This case explored the ins and outs of s.77-79 requests and their implications.

Somewhere in it is mention of the duty of a DCA and in this case someone purporting to be the OC's solicitor passing on a s.77-79 request.

[seklof]

ok

so in laymans terms what happened gh with regard to that case

what is the next move here

will he write again to me

i have cca d egg through a claims company before and they could not provide one

this case may go to court

waiting on the solicitor

[gh2008]

i have cca d egg through a claims company before and they could not provide

 

That is vital info - have you got the request and reply?

Without complying they cannot take enforcement action - full stop

[gh2008]

so in laymans terms what happened gh with regard to that case

 

hmmm

the judgement http://www.judiciary.gov.uk/docs/judgments_guidance/judgment-carey-v-hsbc.pdf

and the discussion http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

 

interesting reading though

 

I think there will be lots of recreated agreements which we will subsequently find flaws in which will irredeemable kill their case.

There's already been a few where multiple different recreated copies have been sent out. I have one myself lol - I have the original and a recreated copy from Barclays amazingly the recreated one is of a similar style to the original but doesn't contain the errors of the original ...........

[seklof]

no i havent - the claims company have it and will proceed to court once the case has been receieved by the solicitors however i am a little wary of these companies but have 3 cases going through with them

mbna - cca no agreement

egg - cca no agreement

barclaycard - cca no agreement

 

hence my confusion when carter sent his letter as im sure there will be no grounds for them to proceed

 

i could cca them myself and post the response up here

 

?

[themagician]

no i havent - the claims company have it and will proceed to court once the case has been receieved by the solicitors however i am a little wary of these companies but have 3 cases going through with them

mbna - cca no agreement

egg - cca no agreement

barclaycard - cca no agreement

 

hence my confusion when carter sent his letter as im sure there will be no grounds for them to proceed

 

i could cca them myself and post the response up here

 

?

almost as eggs are eggs when you defend against carter ,he,ll go almost to the end ! then he will discontinue,just in case you back down!

[seklof]

Bit naughty of BC .

 

Will post you up a fitting response later when i'm home,

 

M

cheers m

i await that response

thanks

[MandM]

Adjust to suit

 

M

Address

 

Date

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. Furthermore, you confirm that you will continue to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I would remind you of your obligations - If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

For your reference, I have enclosed a copy of my original request together with my payment of £1.00.

 

Finally, if you fail to adhere to my request within the prescribed time frame you will leave me no alternative other than to put this account into dispute.

 

Yours faithfully.

[seklof]

thanks m

iv read it over and if i may ask in laymans terms the arguement lies in the facts that if the supposed creditor does not adhere to

 

 

" I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. Furthermore, you confirm that you will continue to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I would remind you of your obligations - If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties."

 

then he des not "own" the debt ?

 

???

thanks again for that m

 

 

 

 

 

 

[MandM]

I'd bet a fiver that BC doesn't own it, however, they still have an obligation to respond to your CCA request. They can't just bat it back.

 

M

[seklof]

thats going in the post registered post today

see what we get next