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    • typically thats the way yes 99% of OC's default accounts on or before sale. send EGG an SAR. probably be the Canadian Square address (CITI Group) or it could have been one sold to Barclaycard.   you say this dates from 2005 so thats the reason why no CCAcan ever be had, bit rare for that era for egg. ignoring the random poss phantom payment in 2016, before that, when did you last pay or use the card?  
    • Hi CC,   Great to hear they should refund and collect but please keep us updated so we know they follow up properly.   And thanks for the Site Donation which helps us to be here for others.
    • Gas is not credit so no requirement for an agreement nor DN Cabot -' settled debts dont get sold on...    
    • Hi all,   I would appreciate some help with a default date.   I took out an Egg credit card on 10/01/2005. I missed payments and eventually it defaulted but I do not remember when. But, my credit file says it defaulted on 02/11/2015 and it says it’s Arrow Global now. I contacted Arrow to enquire about the default date because I don’t remember having the card for as long as 11 years. Arrow say they purchased the account on 21/12/2014.   I also put in a CCA request with Arrow but they say they have no documents from the original creditor i.e. Egg and nothing themselves. I've asked for a notice of assignment which apparently is on its way to me since the last month or so and apparently I made a payment of £10 on 7th April 2016 but I don't remember this so I've checked my bank accounts and nothing left my bank accounts on or near this date.   So strange, something isn't right.   I am also confused how the default date can be after the purchase date as from what I understand, Egg would have had to default the account before a DCA could purchase it? Or am I wrong?!   Would appreciate any advice and information!   Thanks, Jdip
    • had courtesy car since 20th jan, she had a Vauxhall corsa 2010..the hire car is a 2018 corsa. i have told her to give it back to them
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

We have so much debt, it seems only hope is selling house!


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Wilchil.........have read your thread from start to finish and with interest! Taken me hours, but great to see that with all the help and support you have had, you have done so well to date. I was a bit miffed at toymakers comments, but sadly there is always someone who oozes negativity!

Best wishes to you...... SB :wink:

 

Thanks Stonebroke. The situation is much easier to deal with now and I am so grateful to everyone here who has helped us. We couldn't have done it without them.

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Hi Tingy

 

If you asked about everything you'd never heard of you would be approaching search for universal truth (Rumsfeld and unknown unknowns).

 

Seriously though, there is a lot of stuff in templates that is not explained; our 'library' needs to become a knowledge base? The value of every thread is in its tail or tale or talents.:-D It's late, but I can't afford Latte.

 

x

 

v

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I have to admit I tend to keep my own library on my computer and ensure it's backed up. I rarely use templates nowadays as I think most companies are wise to them. They make a good starting point and are very handy for newcomers to a topic area, but I much prefer to craft a letter in my own words based around the template. I tend to find they tend to have better responses as well.

 

Letters are among the most significant memorial a person can leave behind them. (von Goethe)

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Hi Tingy

 

I disagree: RIP are letters. We need a more human centred and revolutionary view and I don't think your German friend was a revolutionary; I prefer " "Man is the measure of all things: of things which are, that they are, and of things which are not, that they are not" Protagoras, although I could find something more modern, notwithstanding that there is nothing new under the sun, Ecclesiastes.

 

There is a danger that that poor DCA drones paid to trawl this site might not understand.:-)

 

x

 

v

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Now you're being pedantic! Indeed RIP are letters, and important ones if you believe and possibly if you don't. Having said that, I've had a lot of fun with DCA's by taking what they say literally when it is obviously not meant to be taken in this way.

 

What I was saying was I prefer my own words to templates. Templates are just that, a template. Letters (proper letters my dear pedant!) can be crafted almost into a work of art, and I've scribed a few where I'd love to be there when they're opened.

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Hi Tingy

 

My objection was to Goethe, whom I consider a romantic. I entirely take your point about template, "the map is not the landscape" Hom, and like you, I build my own library.

 

Chill out; or we'll both the go the way of Donkey.

 

xxxxxxxxxx

 

v

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  • 1 month later...

Could someone take a look at the attached letter and let me know whether we need to reply and what we should reply if so.

 

The letter is from Moorcroft, debt collectors for Santander loan. The original creditor was Cahoot, taken out April 2006. Neither Santander nor Moorcroft want to accept lower payment and sent a notice of intended litigation to collect the total debt, rcvd 19/4/11. In reply we CCA'd them. Letter attached is their response to CCA.

 

Thanks.

moorcroft1.PDF

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Hi,

 

Cahoot are now part of Santander. Moorcroft would not take the court action. They clearly don't own the loan, so only have an equitable assignment whereby they gain the rights to try to collect the money from you. The only way they could take court action would be in partnership with Santander (now the OC).

 

I would therefore be inclined to ignore any requests for what you'd rely on in court etc.... and either do just that, totally ignore it, or send them a letter saying that as they have not yet supplied the agreement the account is in dispute and so they must, as they have, stop all collection activity on it until the CCA is produced, or a reconstitution of it. I would also go on to say that you consider requesting details of what you would rely on in court if it went that far as an aggressive commercial practice under CPUTR 2008 Part Two Section 7, sub section 2 and against OFT Debt Collection Guidance.

 

If you do respond, finish by saying court procedures will be dealt with within clear timescales laid down by the court and as you disagree with them that their suggested course of action would be helpful, you have nothing further to say on the matter for the time being.

 

Hope this helps!

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Hi Wilchil :-)

No response required. That's their standard letter when they receive a CCA Request and can't supply the agreement within the required period.

They've stated the account is on hold till they do, which is good.

 

You can safely totally ignore the other guff about identifying legal issues. Just their rather transparent attempt to intimidate you and put the idea of court (argghhh, help, panic, worry, scare.....LOL) into your head, without justification.

Just sit back and wait.

If they or anyone pester again before supplying the CCA just send the account in dispute letter.

 

Take care,

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Ha! Morning Tingy :wink:

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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LOL aye..time and health issues...I can't do as much on here as before but starting to pick up the threads again :-)

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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LOL aye..time and health issues...I can't do as much on here as before but starting to pick up the threads again :-)

 

It's good to see you back, take it easy.

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W

 

I agree with every said above - just ignore this until/unless they up the ante - which I doubt they ever will.

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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  • 1 month later...

W

 

Happy Anniversary! A Year today since you started your thread! Things seem to be quiet with you just now - which hopefully is a good sign?

 

Look back and see how far you've come in the last year.

 

Good luck.

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Thanks BD and all. Things quiet at the mo. We are making token payments to all bar Santander loan (formally Cahoot), we have requested CCA beginning of May (see above) and have heard nothing else, we are not making payments to them at present (is this the right thing to do?). End of contract looming again and things up in the air so fingers crossed!

 

Thanks for your support over the year guys.

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W

 

Glad things mostly still under control.

 

Re Santander, some advise to keep paying a token amount if account in dispute due to not sending out a CCA. However if they CAN'T find it - and can't enforce the debt at all - then that is just money down the drain.

 

I personally DO NOT PAY A PENNY to those OC's and DCA's who have still not produced enforceable CCA's. Currently I'm only paying out £5 to each of two DCA's - zilch to all others - and not even getting threatening letters any more - phone calls all stopped after the "harassment" letters.

 

One £11k card debt (Morgan Stanley) reached the SB deadline last year - with nothing paid to it for over 6 years. Others are now working towards that same goal as we speak! Perhaps some of the remaining creditors will get heavy again - but no sign of that so far. I think they are all far too busy going after easier targets and so leave us bolshy ones on the back burner - I certainly hope that's the case!

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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I personally DO NOT PAY A PENNY to those OC's and DCA's who have still not produced enforceable CCA's.

I would concur with BD on this one.

 

One £11k card debt (Morgan Stanley) reached the SB deadline last year - with nothing paid to it for over 6 years. Others are now working towards that same goal as we speak!

Two years down, four more to go in my case!

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