Lowell And Old Egg Card Debt

[onestressedwoman]

I have a problem with egg

 

In January last year I requested a copy of CCA which was not provided -

 

They then sent me a letter directly asking me to sign a form and return it to them my representative sent them a letter informing them that contact with me directly was classed as harrasment and informing them that all correspondance should be directed to her.

 

In May a letter was sent stating that as they had not provided a copy of any CCA then this debt was not enforcable - to no response

 

However I have now been contacted by Lowells / Hamptons Legal

Demanding payment threats etc continuous calls

 

I have spoken to the company that were representing me but unfortunately the girl who was dealing with my file has left and the new person has not done any work on the file

 

I don't know what to do now as they are telling me that Egg doesn't have to supply me with CCA to enforce debt

 

What can I /should I do Egg as had over a year to supply me with CCA

 

How can they transfer this matter to another DCA?

[clemma]

They can't. I would send the following letters to Lowells (amend to suit):

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access 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 the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses 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 Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

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

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Edited February 22, 2009 by clemma
found a better version of bemused letter

[clemma]

I should add - NEVER sign any letters, PRINT your name only and send all correspondance by recorded delivery. If they request your signature, file it in the bin.

[onestressedwoman]

My heart is feeling a little lighter with your support !!

 

Even if my rep is not working on my file then at least now I feel I do have support THANK YOU

 

Anyone know if there is a place I can get a perminent assistant to help with my matters as now I am a neurology patient I can not cope with things myself as I don't understand anything anymore

 

Will send that letter see how I get on think they are really underhanded

 

Especially requesting my signature - might be slow now but knew that wasn't right

 

Thank You all advise welcome and NEEDED

 

Smiles One Stressed Woman

[Pinky69]

You should ask your local Social Services for an assessment so they can provide someone who can deal with all your correspondence. If you need other help as well you should ask them for that too.

[clemma]

That's the beauty of CAG

[phatram]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html

[clemma]

....and the letter you need:

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

[onestressedwoman]

I can't thank you enough

I finally feel I have some help

 

The pre drafted letters are the answer to all my difficulties

 

Will try social services too young really !

 

You are truly wonderful people !!!

[phatram]

No we are not!

We are CAG.

[Pinky69]

Too young? Babies get social work assessments if they need them for assistance -lol. Just a suggestion since you said you cannot cope as you do not know anything anymore.

[onestressedwoman]

No Pinky

Blood Problem little oxygen - after critical illness - no treatment available -

Leaves my husband to do everything poor man

 

Babies ? was always a clever girl now thick as 2 short planks lol

 

Yes many Babies 5 - Cope I can cope with them make me smile everyday but feel I am letting them down use to love racing them home everyday etc

 

Too young been like this for 6 years started at 33 - just when my life was coming together - nevermind have to start again. If I can get someone to deal with paperwork.

 

If debt is not enforcable what will happen to credit rating ?? Will charging order show on report ?

 

Will this affect future purchases e.g got rubbish mobile contract no reception anywhere would like to change provider. Settling for service that is far from realiable.

 

Smiles

[onestressedwoman]

"No pinky"

 

No idea why I wrote this nor what I meant to write !!!

[Enron]

In the event that they have not provided you with your CCA request, they are legal barred from enforcing the agreement at all - this would include the further addition of penalty charges, interest, requesting payment by mail or over the phone.

 

This has been confirmed to me by the Office Of Fair Trading, interestingly this was sent to me with relation to Citi Financial Europe Plc, Citi owning Egg there is a parallel here.

 

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

 

What i'm going to suggest is that you contact the Office Of Fair Trading to make a complaint, outlining what has happened here, threatenning phone calls and so forth.

 

Additionally enquiring with your local trading standards as to whether they can assist you, this is a document that you are legally entitled to, in the absence of fulfilling their duty they hassled you for payment and instead chose to sell the account which I am pretty sure would be another act of enforcing the agreement.

 

Certainly there are grounds to request that the account be returned to the original creditor as there is a clear dispute - and Egg have not fulfilled their legal obligations.

 

Out of interest was this a credit card account?

 

Any further problems write to your MP to request his/her assistance. If you need help in finding the details of either your TS department, or your MP send me a PM.

 

Think that banks and debt collection companies are simply reliant on people not knowing their rights, as such i'm happy to assist you.

 

Hope this is of help.

[onestressedwoman]

yes credit card

[onestressedwoman]

Hello

 

Recieved this letter this morning - havent got scanner so I am coping it below

 

Pre Bankruptcy Petition

 

Your account has been reviewed by our head of litigation and due to a number of oppertunities you have been given to enter into a repayment program and clear your balance it has been decided that your acount is to be fast tracked to our bankrupcy division to consider filing a petition at a county court for your bankrupcy.

 

Bankrupcy is a very serious matter Being made bankrupt can have serious longterm implications.

 

If you were to be declared bunkrupt you may expect to:

 

have your situation advertised in the local press and the London Gazette for all to see.

 

Be required to fill in numerous forms and have an extended meeting with the offical reciever and if appointed a trustee in bankruptcy who will throughly investigate your affairs

 

Be prevented from running or controlling any businesses you currently own or being a director of a company for a time to be decided bythe courts or appropriate authorities

 

Lose any rights or benefits you may have to assests such as your home life insurances and any other property you own

 

Lose any rights or benefits to assets you may aquire during the term of your bankruptcy. Such as inheritences insurance settlements and increase in the value of your home.

 

Have your bankers creditors land lord etc immediatly informed

 

Have all bank accounts credit cards etc closed. Anything yo might leasing, or buying on Hire Purchase, such as your car maybe required by the owners to be immediatly returned to them.

 

You still have an option to avoid bankruptcy we will accept a realistic offer from you be it be a monthly repayment plan. Or an offer of full and final settlement. To make us an offer please call -------

 

If you are unsure about the contents of this or your rights we would suggest you seek advice from a solictor and we would also refer you to the website of the Department of trade and industry. www.insolvency.gov.uk/guidenceleaflets/guides.htm-1

 

Yours

 

Chief Operations OfficerGot Dates from my rep today detailed below:

 

28.02.09-Egg card services-account on hold letter

07.04.08-ARC Europe Limited-Chaser requested for signed Consumer Credit Agreement (‘CCA’) enclosing £1.00 fee

07.04.08-Egg Card Services-chaser for CCA and £1.00 statutory fee enclosed

16.04.08-ARC advised us that they are no longer dealing with this matter (incoming letter)

28.04.08-Egg Card Services-chaser for response

19.05.08-Egg card services-chaser for response

19.05.08-Egg card services-chaser for response

09.06.08-Egg banking-warning them of OFT guidelines that they should not contact client directly

 

HELP Fretting

[clemma]

Is that from Lowells? Did you send the letter about the account not being allowed to passed on to them as it is in dispute with the OC?? They may have just crossed in the post.

[phatram]

Don't fret.

So have Egg complied with your CCA request?

Who is the letter from Egg or Lowells?

Have you had a default notice?

[Enron]

Citi who own Egg upto their old tricks, selling on accounts without providing a copy of the executed agreement.

 

I would definately complain to the Office Of Fair Trading, write to them outlining that a request was made to Egg for a copy of your executed agreement under s78(1) CCA but they never complied and subsequently sold the debt, now with regard to what Lowells are doing..... think they'll likely be next in line for a slap on the wrist from the OFT.

 

I'm gonna get some people who are knowledgeable about this kind of stuff on how to deal with Lowell - it maybe to request a copy of the CCA from them.

 

Its likely that this is just a threat-o-gram but considerring its content its probably best to wait and here what others say about how to respond.

[cerberusalert]

onestressedwoman I got your message.

 

As clemma asked, who sent you the 'Pre Bankruptcy Petition'?

 

If it was Lowells have you sent the letter in post #2?

[onestressedwoman]

Lowells sent petition / don't think I've had default notice ??

 

CCA requested in first com. 28-02-08

 

Sent letter today as was waiting for dates from rep.

 

Should I email copy to them now

 

Also questioned the fact that they say I could lose my benefit thought this was protected - and can't afford them to touch my life insurance because no one will give me insurance not even for 20 years

 

Can't believe or cope with This

[cerberusalert]

No you won't lose any 'State Benefits', you've misunderstood.

 

As you have only sent the letter today Lowells are doing their usual trick of threatening and harassing people. Please don't worry they cannot carry out any of their threats because the account is in dispute and they wouldn't dare go anywhere near a court.

 

Just give it a few days for them to receive your letter & see how they respond. As I said, please do not worry because we can easily sort them out;)

[clemma]

Agree with cerberusalert. I know this is difficult, but take a few deep breaths and try to relax. We will be here to help you whenever you need it.

[ODC]

Pre Bankruptcy Petition.???????

 

This letter as far as I can make out has no legal standing whatsoever. Its just another scary letter from the Leeds Losers to try to scare you into ringing their telephone threat monkeys, hence all their warnings of what COULD happen IF they successfully obtained a Bankruptcy Petition.

 

Before they could even present a bankruptcy petition they would need to properly serve you with a Statutory Demand. Should they do this it will be an easy matter to get it Set Aside by virtue of the alleged debt being in serious dispute.

 

What you really need to do now is make a formal complaint to the OFT about the behaviour of the Leeds Losers.

 

Do not lose any sleep over these people. You will get all the help you need to beat them. They are nothing if not predictable.

[onestressedwoman]

Thamk you SOoooooooooooo. Much

 

Mellowing out now a little not fair they can send these type of letters being disabled cardiac patient effects my health big time !!!

 

What on earth would I have done if I hadn't found this website

 

As i've said before Your Angels