ARC and CCA Request

[nosnibor]

I have a disputed account with EGG, that was been chased by Moorcroft, in December of 2008 I sent them a CCA request and they appeared to crawl back under their stone.

 

The debt now appears to have been passed to ARC, I spoke to them on the phone (I have Tru Call) and agreed to send a further CCA request to them, which I did

 

I have now received this, I know they are trying it on but wondered if I should respond and if so is there a template letter I could use.

 

Thanks

 

Nosnibor

 

[silverfox1961]

Cheeky bu**ers. I would remind them of their obligations as set out in the CCA request. I would copy the paragraph in red here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

and send it to them.

 

Besides that, Egg shouldn't have passed it on while in dispute so you could send the Bemused" letter as well

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[nosnibor]

I have a situation which surprisingly I don’t seem to have seen raised on the site before.

 

I have recently received a credit agreement from Egg in response to my CCA request. It shows a loan inclusive of payment protection premium and a corresponding monthly repayment.

 

But when I originally took out this loan I was unhappy that the payment protection premium was added as a lump sum and so cancelled this within the statutory cooling off period.

 

So in fact the total loan and monthly payment shown on this agreement have no relation to my actual account.

 

Would this still be deemed enforceable?

[Deb T]

Do you have written confirmation of the cancellation?

 

But to answer your question, why would it be enforceable on an account that was cancelled? They've probably gotten their wires crossed but at

this point in time and until they realise their error then it is at their expense/time.

[Pinky69]

Can you scan it and post it on here covering over your personal details? Try Photobucket. If it is a regulated loan and just shows the loan and PPI lumped together then it is unenforceable as they are different types of credit (loan - debtor-creditor; PPI debtor-creditor - supplier) rendering the agreement a multi agreement and the loan and PPI should be shown in their separate constituent parts with separate signature boxes. Not possible to confirm without seeing it. Did you cancel the PPI in writing? You can reclaim if it has been missold.

[nosnibor]

Only in so far as they reduced the monthly payment accordingly.

[Pinky69]

What is important is how the prescribed terms are presented on the agreement. Did they send you a different agreement when they stopped collecting the PPI?

[nosnibor]

Pinky

No only ever signed 1 agreement (I will scan and post up)

[nosnibor]

This is the original agreement I signed.

 

 

[Pinky69]

This is a multi agreement. The loan and PPI should have been set out with their own principle amount, interest, total and separate signature boxes. In addition, once you cancelled the PPI, which you obviously did as they altered the amount you were paying, they should have sent you a new agreement for the loan only. In my view this agreement is unenforceable. EGG have slipped up on this one.

[nosnibor]

Thanks Pinky have tipped the scales:)

[nosnibor]

I have an Egg loan account no payments or acknowledgement since October 09.

 

Was with Moorcroft who gave up and passed it on to ARC, they exhausted their repertoire of threatograms then involved Trevor Munn Solicitors, who sent threats of further action and then went away.

 

Account was then assigned to Britannica-Arrow who passed it to Fredrickson who sent a few standard letters then crawled back under their stone.

 

It’s been all quiet since last July now Rossendales have appeared on the scene.

 

I sent an SAR to Egg and received a reply from Canada Square Operations (apparently Egg are no more)

 

The reply to the SAR contains no notice of assignment and in my opinion more importantly no default notice!

 

As you have probably guessed I have some questions.

 

A) Can I write back and request either a copy of the default notice or confirmation that it does not exist?

 

B) Is the lack of the default notice sufficient grounds to consider the account in dispute?

 

C) How would the lack of the default notice impact on their ability to take further enforcement action?

 

Many thanks

Nosnibor

[nosnibor]

Since I posted this I have been having a more in depth look at my SAR from EGG and found the following entry on one of the screen prints

 

ARCHIVE

Closing Code 04.09 to 06.10 Unenforceable Agreement (Loan, Product Policy, Agreement/T’s & C’s Breach) Closing Code 1 pre 1/4/09

 

Is this an acknowledgement by the OC that the agreement is unenforceable?

[spamheed]

have they supplied a copy of your agreement?

[nosnibor]

Hi SH

 

They have, but it looks to me as if if came from a micro fiche

[spamheed]

cold you post up the agreement on here, after removing any details.

 

The internal stuff may be of use, but I'd start at the agreement and work backwards

[nosnibor]

I have scanned in the credit agreement below but I think it requires a little explanation.

 

When I received the original loan agreement it had PPI included and a payment of £284.93 per month, however I decided I did not want the PPI and cancelled it within the statutory cooling off period.

 

Then after a couple of months I noticed they were still collecting payments from my bank of £284.93 when I queried this I was told that they had left the monthly payments the same and reduced the term of the loan. I pointed out that I wanted the term of the loan to remain the same and reduce the monthly payment.

 

They then reduced my monthly payment to £226 which is what I paid until I unfortunately defaulted on the loan.

 

I did post this up on the site a couple of years ago asking if the agreement would be deemed enforceable. The opinions at the time seemed to be that it was an unusual situation and no one was entirely sure.

 

Since then I have taken the position with the original lender and the subsequent DCA’s that the agreement is not enforceable and if they want to test that in front of a judge they should “get on with it”

 

As EGG have sold the account on and no DCA has gone beyond issuing a few threatograms I am assuming that either the agreement is unenforceable or they consider me not worth suing (as frankly in the man of straw stakes I would make Worzel Gummidge look like Aristotle Onassis)

[spamheed]

when you received the initial loan docs and the SAR did you ever receive anything pertinent to the PPI? some kind of booklet or information sheet?

 

Have you sent them a CCA?

Have you reclaimed the PPI?

 

Are the debt collectors claiming the full amount ie. loan + PPI?

 

just to build a fuller picture

[nosnibor]

Hi SH

 

PPI was cancelled during the 30 day statutory cooling off period i.e. from inception so nothing to claim back.

 

They have only ever chased me for the outstanding loan not the PPI premium.

Did not get any docs relating to the PPI with the SAR but as I say it was cancelled from inception so it’s probably not relevant.

 

I did a CCA request 3 years ago received same copy agreement as posted and also some T’s&C’s which did not come with the SAR.

 

Can I just say thanks for taking the time to look at this for me.

[spamheed]

If the PPI was included in the initial loan, then it formed part of the agreement (and is specifically referred to in the agreement) and you should have received the T&C for the PPI with the agreement and any subsequent CCA should also produce the same PPI T&C as they are specifically referred to in the agreement. - it is a minor point in itself.....but.

 

Am I correct in assuming they did not issue a new agreement when they removed the PPI? if so then the agreement has incorrect values on it, the "total amount" and the payment amount are incorrect,

 

When they revised the term of the loan and then revised again to revert back to lower payments... do you have any of this in writing?

[nosnibor]

If the PPI was included in the initial loan, then it formed part of the agreement (and is specifically referred to in the agreement) and you should have received the T&C for the PPI with the agreement and any subsequent CCA should also produce the same PPI T&C as they are specifically referred to in the agreement. - it is a minor point in itself.....but.

 

Am I correct in assuming they did not issue a new agreement when they removed the PPI? if so then the agreement has incorrect values on it, the "total amount" and the payment amount are incorrect, Yes, you are correct no revised agreement was ever issued.

 

 

When they revised the term of the loan and then revised again to revert back to lower payments... do you have any of this in writing? Actually it is all documented within the SAR

 

..

 

 

[spamheed]

Then the CCA request is unfulfilled due to failure to produce the PPI T&C and not producing a copy of the agreement that you actually entered into

 

They would be required to prove that the agreement or repo that they are relying on is accurate, this agreement is not accurate due to it having PPI attached where no PPI was applied. You can prove that this is the case without having to produce an original copy of the agreement yourself

 

The figures re: Total amount of credit are incorrect due to the inclusion of PPI

 

They would have to prove that they are right and you are wrong by producing an agreement with all amendments and corrections applied as stated in the SAR

[nosnibor]

Thank you very much SH, I have clicked the star