Barrowby -v- EGG

[Dotty50]

I have had the odd call from dlc and they did not withhold their number and also left messages, so it may not be them calling.

 

Not heard of them knocking any doors either.

[exasperated]

Barrowby,

They are not allowed to make home visits without your permission although they do. I have information sheet on how to deal with door stop collectors which details your rights and how to get rid of them. Let me know if you need it.

 

Regards DLC, here is the letter I sent them subsequent to which they passed the account back to EGG.

It may not be right for you so edit to suit....

 

Dear Sir,

Thank you for your letter dated.......

I must inform you that this account with EGG is in dispute and has not been resolved satisfactorily. I will therefore not communicate with you further on this matter and suggest you pass the account back to EGG for their urgent attention. You should be aware that this account is not permitted to be passed to a third party whilst in dispute and if I receive any further communications from you or anyone else I will report them to the relevant persons. Furthermore as you well know you are not permitted to make home visits in any event without my express permission which I absolutely refuse.

MAKE A NOTE ON YOUR FILES OF THIS:

Should you contact me further I will simply ignore your letters I have never had an account with you or signed a contract and your attempts to scare monger me with home visits will prove futile. I will however report you to the relevant authorities if you continue to harass me in any way shape or form.

Please pass the account back to EGG who I am willing to communicate with.

 

Yours faithfully,

[barrowby]

Thanks Dotty & Exasperated....

 

I have sent a letter to dlc asking them to refer to Egg re my account in dispute letter and also stating that door knockers are not welcome. I have also copied this into Egg.

 

Also sent a SAR to Egg so see what that turns up.

[The Debt Star]

Barrowby, keep a camera near your door. if you get a collector calling take his picture and a shot of his licence plate number. tell him to leave your property immediately.

[Mozz1]

MAKE A NOTE ON YOUR FILES OF THIS:

Should you contact me further I will simply ignore your letters I have never had an account with you or signed a contract and your attempts to scare monger me with home visits will prove futile. I will however report you to the relevant authorities if you continue to harass me in any way shape or form.

Please pass the account back to EGG who I am willing to communicate with.

 

Yours faithfully,

 

I'm a little unsure about one thing which perhaps you can clarify. I was under the impression that if the dispute started AFTER a DCA was involved then they are not under an obligation to send the account back to the OC? Am I wrong?

[exasperated]

Mozz,

Did you recieve a notice of assignment if not then it reverts back to the OC. If you have then as I said you would edit suit and direct the letter to them

[exasperated]

Barrowby, keep a camera near your door. if you get a collector calling take his picture and a shot of his licence plate number. tell him to leave your property immediately.

 

Further to debt stars adice here is a guide on dealing with door step collectors(in case)...............

If you receive a visit from a debt collector, remain polite. You will make far more of an impact if you remain calm and speak slowly and carefully during the visit. If you lose your temper, you will lose control of the situation. The debt collector has far more experience than you and is very used to being dealt with aggressively. Remember that the debt collector is on your premises and if he does not have a court order, then you are the person with the authority and it is you who are entitled to control events. If you are receiving a visit from a debt collector despite already having written to make it clear that you did not want any visits, you should terminate the visit immediately and make complaints to the OFT, Trading standards under CPUT. If you allow the visit to continue in these circumstances, you will have given in to the debt collector and he will start to dominate you in the meeting.

When receiving a visit from a debt collector, you should attempt to have another adult next to you who can witness everything which goes on. It should be agreed beforehand that the witness is not to say anything at all and is there merely as a witness. If a witness starts to get involved in the conversation in any way, it is likely that the exchange will deteriorate and that you will lose control.

Do not invite the debt collector into your home. Do not even invite him into a porch. The best approach is to ask the debt collector to stand on the pavement side of your front gate if you have one while you stand within the boundary of your front garden. The debt collector will prefer to be on your premises. This puts more pressure on you. By getting access to your home - even to your front garden, the debt collector has started the process of getting access to you. Before you discuss anything with the debt collector, ask to see his identification. Take your time and read it carefully. Make notes of all the details the identity document contains. You should make sure that you make a note of the debt collector's name and the name of the organisation he is working for. If there are any additional identity numbers then you should take a note of these as well.

Make sure that any identity document is in date and make a note of that date. Once you have obtained the basic details, you can then decide whether or not to continue the visit. If an official form of identity is not provided to you by the debt collector then you should terminate the visit immediately. If the debt collector will not permit you to make notes from his identification document then terminate the visit immediately. If you decide not to continue the visit then inform the debt collector that you have nothing to discuss and that you require him to leave. Do not get drawn into any other conversation. A debt collector will try to start getting you to respond to his questions. You should simply respond "I do not want you to be here. Please leave." You should repeat this in response to any statement or question put to you by the debt collector. If you decide to allow the visit then remember the following points:- The debt collector is there by your permission. He has no court order. You are entitled to terminate the visit at any time. You are entitled to dictate the terms of the visit. You should make it clear at all times that it is you who are in charge of the visit. If you wish to terminate the visit, you can do so simply by telling the debt collector that the visit is over. You should then walk away or go into your home and close the door. You are not obliged to give reasons or to say anything other than that the visit is ended and that you want the debt collector to leave - "Please leave now" If the debt collector does not leave then inform him that you will call the police. (If you do not believe that you will call the police then do not make this threat. You will lose all of your authority and the debt collector will dominate the meeting from that point onwards.) If you do call the police, then do not be frightened to call 999. Explain to the police that you are being harassed by a man who has visited you and who refuses to leave your property. Once again, keep calm but if you are frightened, then tell the police that you are frightened and that you believe that you need help.

Be aware that debt collectors are faced with hundreds of threats to call the police every week. Almost every one of these threats is a bluff. It is likely that debt collector will stand his ground until he realises that the police really have been called. If the debt collector leaves before the arrival of the police, Then call 999 and cancel the call-out.

Once the visit is ended and you are back inside, you should immediately make a detailed note of everything that has happened and of everything which was said. Your witness should do exactly the same thing.

Do this quickly while everything is fresh in your mind.

Even if you did not proceed with the meeting and the debt collector left immediately and without incident, make a close record of everything which occurred.

If you you felt threatened by the visit and you want to complain then you should do so immediately by writing to the DCA and also complaining to the OFT and local Trading Standards under CPUT

If you want to make sure that you receive no more debt collection visits then you should write to the DCA immediately.

[WelshMam2009]

I could probably re-paper my lounge with the amount of doorstep threats I've had from DLC and all of their "sister" companies...the latest being Clarity.

 

For peace of mind, I tend to send them the "don't darken my doorstep" letter although have even become fed up of doing this as I've had about 3 different companies (all Hillesden/DLC) and really can't be bothered any more!

 

This has been going on for over a year now I believe.

 

Exasperated's advice above is the way to deal with them in the unlikely event that they do show up...

[eagleforms]

I have a ccj from Egg through dlc. This was before I found this forum.

My agreement is from 2000 and is the "We will tell you from time to time...." variety. They have recently threatened me with bailiff action through the court which I have stalled with a payment and an N245 to vary the payments.

Is it too late to get the account put into dispute pending the outcome of the court case?

[eagleforms]

bump

[WelshMam2009]

I have a ccj from Egg through dlc. This was before I found this forum.

My agreement is from 2000 and is the "We will tell you from time to time...." variety. They have recently threatened me with bailiff action through the court which I have stalled with a payment and an N245 to vary the payments.

Is it too late to get the account put into dispute pending the outcome of the court case?

 

If you already have a CCJ then yes, it's too late to put the account into dispute.

 

I'm guessing that the court case you're referring to is in respect of the N245 to vary the payments?

 

There is always the option to get the CCJ set aside, if you didn't defend it, but you would need a very good reason for doing this, such as papers sent to wrong address, and the timescale between judgement and set aside application can also be crucial.

 

If you need anymore advice Eagleforms then it's best to start your own thread in the legal forum.

 

Best of luck with this!

[The Debt Star]

agree with that but would add that as part of any f&f agreement you stipulate the coindition that your credit file be marked as "settled" and not as "partially settled" coz that is what they are most likely to do.

[barrowby]

Hi,

 

Without sounding too thick!!....how does this change the position re Prescribed Terms on

Egg

agreements?

 

I was waiting for a reply to my Account In Dispute letter which i sent to Egg 6 weeks ago. Received a reply yesterday with ref to Slater v Egg and also Waksman.

 

Can post the letter is it is of interest

.

 

Thanks

[Sare Heid]

hi barrowby,

 

me and OH have recently received cca's from egg and are going through these to check for flaws, missing info, etc.

 

would be useful to see what sort of response you got from them.

 

cheers,

 

SH

[barrowby]

Well....after a period of calm....I have had a flurry of activity over the past month from ARC Europe Ltd and Tremor Munn Solicitors.

 

Usual threats etc....but recent letter from ARC is offering a 40% discount for a partial settlement on my Credit File! Totally umprompted by me....end of the letter states that if I don't have the money then I had to ignore........if only I had the funds!!!!

 

Have anyone else had the same sort of offer?......or any suggestions

[Dotty50]

That's interesting Barrowby!

 

I have recently offered just under 40% of the balance (as it was before asking for help), dlc came back offering settlement at the amount of the balance when I asked for help, I then asked who I was corresponding with as I was not sure whether it was Egg or dlc, re-iterated my offer but dlc have stated that they will not pass the offer on to Egg without me completing their I & E form!

 

Hope they're not holding their breath!

[barrowby]

Hi Dotty!

 

I wish mine was 40% of the balance but alas it is a discount of 40%!!!!

 

I am not sure if I should write back or send them a CCA request?

[Dotty50]

Sorry, I read too quickly!

 

Yes I would send a request for the CCA and see what, if anything they produce.

[The Debt Star]

Can I just add my experience of dealing with Egg. I received a F&F from CapQuest offering a settlement at 70% of the balance. I wrote them ofefring 50%. They rejected it. I then write to Egg direct with a 50% F&F and they ignored it. Seems they like to play tough or don't accept less than 70%??

[Dotty50]

Thanks for that info Debtstar.