Egg (Account In Dispute)

[~Mouse~]

Hi. I wonder if someone could direct me as to what to do next please.

 

Egg forwarded collection of my debt on to DLC. I had already been to the CAB and agreed to nominal repayments and I kept to these terms. When DLC came to review my repayments they refused to continue the arrangment and said they would get a charging order on my house! I asked DLC to provide a CCA Agreement as they were the ones threatening this action, and they were unable to produce this or reply to my correspondence, saying the debt was with Egg so I should ask them for the CCA. On the advice from this forum I ceased payment and issued a dispute letter last November. I've heard nothing since... until today!

 

I now have a letter from ARC (Europe) Ltd Credit Management (never heard of them) and they are saying the account has been passed to them by Egg (I thought it was DLC who were dealing with the account) for collection, and unless I pay up they will instruct their solicitors to prepare court proceedings against me.

 

What should I do next please? Thank you in advance for any advice.

[cerberusalert]

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

[Capricorn1601]

Ok start at the very beginning.

 

You have requested a CCA? If so I take it they havent responded. So next step..... Account in dispute. Send Egg an In dispute letter - you can find this in the templates section.

 

Next the Debt collectors.

 

After you have sent egg the in dispute letter, you can then send a letter to Arc. This letter can be found all over this website and is commonly referred to as the bemused letter. It basically says I do not admit liability for any debts to you or your client, and am bemused as this account is in dispute.

 

Very importantly, do not, ever, ever, ever call them. If they call you, do not answer any security questions. Never let them speak to you on a phone. The majority of debt collectors will try to frighten you with threats of court action.

 

Just out of interest, when was your card taken out with Egg? Can you give us some more background.

 

You have come to the right place here. Do a few searches there are hundreds of egg credit card threads to read through and we are all waiting for the outcome of a case by PT which is due to be in the public domain soon. This will put egg on their faces. You are not alone here. We are all one big family here to support you.

[faribaandshell]

Hi, Can anyone help me? I have recieved a letter from DCA saying that although my account is on hold while they try to obtain CCA they are still going to add interest. Can they do this?

[the_maverick]

Hi, whether they can or cant...they will. Same goes for fees and penalty charges. I assume this is all designed to frighten you into paying something if you keep seeing the amount rise each month. Just remember in the end that if they do not have a valid cca you are in control of what you pay in the end, not them.

[faribaandshell]

Thankyou

[~Mouse~]

Ok start at the very beginning.

 

You have requested a CCA? If so I take it they havent responded. So next step..... Account in dispute. Send Egg an In dispute letter - you can find this in the templates section.

 

Next the Debt collectors.

 

After you have sent egg the in dispute letter, you can then send a letter to Arc. This letter can be found all over this website and is commonly referred to as the bemused letter. It basically says I do not admit liability for any debts to you or your client, and am bemused as this account is in dispute.

 

Very importantly, do not, ever, ever, ever call them. If they call you, do not answer any security questions. Never let them speak to you on a phone. The majority of debt collectors will try to frighten you with threats of court action.

 

Just out of interest, when was your card taken out with Egg? Can you give us some more background.

 

You have come to the right place here. Do a few searches there are hundreds of egg credit card threads to read through and we are all waiting for the outcome of a case by PT which is due to be in the public domain soon. This will put egg on their faces. You are not alone here. We are all one big family here to support you.

 

Thank you for your support.

 

I have received another letter from ARC today saying that they have checked with Egg and have confirmed that DLC advised me that my request for a CCA needs to be sent to Egg directly. When I requested the CCA it was DLC that were dealing with my repayment arrangement and on advice from this forum, as they were collecting the debt, I asked DLC for the CCA. It is correct that they did tell me to contact Egg direct, but as they were collecting the debt I sent the "Account in Dispute" letter to them.

 

My card with Egg was taken out in approx late 2004... I'm not sure of the exact date but I know I definitely had it in early 2005. Does this make a difference then? I see you mention you are awaiting the results of an on-going case.

 

Should I just ignore this latest ARC letter even though they still threaten further collection proceedings at the end of it, and that even if I apply to Egg directly for a CCA it won't delay their intended legal action?

[cerberusalert]

I really can't understand why some DCAs can't seem to get their head around this paragraph which explains in plain English what their responsibilities are under CCA 1974;

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.

You could make a complaint to Trading Standards & the OFT

[~Mouse~]

I may go down that route then, thank you.

 

Do I just ignore the letter or should I reply in some way?

[cerberusalert]

You could send ARC this again, but include the quote I gave in post #8; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[~Mouse~]

Thank you again cerberusalert. I've sent the letter today, so wait for their reply with baited breath!

[~Mouse~]

I'm after a bit more advice please guys.

 

ARC have referred things on to a solicitor - Trevor Munn - now. I have received the following letter:

 

On the instructions of our client, ARC (Europe) Ltd (acting on behalf of Egg Banking PLC) documentation will now be prepared for the issue of a Claim against you in the Northampton County Court for recovery of the above debt.

 

We have been instructed to prepare a County Court Claim in ten days from the date of this letter unless we receive either payment in full or a substantial payment and a firm commitment to clear the remaining balance.

 

If it is necessaray to take this step you may be liable for court costs of £165.00.

 

If the Claim is issued and he debt still remains unpaid, Egg Banking PLC will then seek to obtain judgement against you, which will then be registered as a County Court Judgement.

 

The letter then goes on to ask for payment today, and requesting I phone the legal help line of ARC and ask for their litigation manager.

 

As previously mentioned I sent a request for a CCA to DLC on 2 occasions and as they failed to provide one, I sent an "Account In Dispute" letter. I had no reply to this either. DLC stated they were now collecting the debt and as they were the ones doing the collecting, this lovely form advised me to contact them instead of Egg, as Egg had passed the debt on. I have never received a CCA from DLC and didn't approach Egg direct.

 

Is this solicitor's letter just a veiled threat? Should I reply to the solicitor and enclose copies of all the correspondence so far? I certainly don't fancy speaking to them on the phone, I'd rather have everything in writing.

 

To add to my worries, I'm being made redundant later this year. The worry and stress levels are going through the roof at the moment, so I look forward to any further advice to help ease my frazzled mind... thank you.

[cerberusalert]

Send the solicitor this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-