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Egg - its no yoke


Mozz1
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exasperated,

 

Hi. when u r back on line can you send me a link to the PT thread?

 

Hello Mozz1,

 

I think exasperated is talking about this thread.....

Egg Credit Agreements-what do i think is wrong with them - Page 40 - The Consumer Forums

 

Thank you for the "merit point".

 

Re OFT complaint I mentioned a few posts back ...... I have not actually sent anything off yet (have five to do re various accounts) so not sure the correct procedure until next week.

 

Onwards and Upwards

 

Chalkitup

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Chalk, I've written to Trading Standards, OFT, Consumer Direct and emailed Consumer Direct. I'll let y'know what responses I get (they may write back saying "don't contact us, contact such and such etc" if they do I'll get you the info).

Thanks for the link.

Egg sound like they're up for a fight. Cool. So are we ;-)

Mozzone

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FYI, Consumer Direct have referred CrappyQuest's s175 CCA breach to Trading Standards for an opinion.

Mozzone

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Hi. Hope you guys are still in the zone.

Egg have not replied to my separate CCA request. So I will send dispute letter to them as well.

 

I disputed the account with the DCA CapQuest last week as well, on the basis that they didn't forward my CCA request on to Egg. CCthis on to Egg. I simultaneously reported CapQuest to Trading Standards,, Consumer Direct, and the OFT.

 

Today I received a letter from CapQuest confirming my account is "on hold" and that they will investigate my complaint "in line with our in-house procedures" and that I can expect a "Quality & Assurance Officer" to be in touch. Their atatched complaints handling leafleft then stipultates a 5, 28 and 56 day time frame for a final response from them plus the usual FOS contact info if the complaint isn't resolved.

Mozzone

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Hi. Hope you guys are still in the zone.

Egg have not replied to my separate CCA request. So I will send dispute letter to them as well.

 

I disputed the account with the DCA CapQuest last week as well, on the basis that they didn't forward my CCA request on to Egg. CCthis on to Egg. I simultaneously reported CapQuest to Trading Standards,, Consumer Direct, and the OFT.

 

Today I received a letter from CapQuest confirming my account is "on hold" and that they will investigate my complaint "in line with our in-house procedures" and that I can expect a "Quality & Assurance Officer" to be in touch. Their atatched complaints handling leafleft then stipultates a 5, 28 and 56 day time frame for a final response from them plus the usual FOS contact info if the complaint isn't resolved.

 

Egg sold my credit card debt to crapquest. I did a prior dispute with the OC letter and they wrote off 4500 pounds-you can search ny thred on here.

 

I had great fun stringing them along as i live broad. They even wrote me a letter claimiing I was really in the uk:

 

I eventually put them out of their misery by reporting them to the Oft, TS; local mP, etc

 

It was a thoroughly enjoyable experience doing it, although Anne McSHANE THEIR COLLECTIONS MANAGER DID NOT SHARE THE SAME VIEW AS ME FOR SOME REASON.

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although Anne McSHANE THEIR COLLECTIONS MANAGER DID NOT SHARE THE SAME VIEW AS ME FOR SOME REASON.

 

Lol. Its good folk like you that inspire the rest of us to carry on :)

 

I hear CapQuest's Barry davis is sunning it up in the Bahamas (well, at least their directors are!)

 

BTW, I have now sent a FURTHER complaint to CapQuest stating that their stipulated timeframe of 5, 28 and 56 days is UNFAIR and MISLEADING because of the delay I am experiencing in receiving any CCAs from them or the OC. Another one for the OFT etc etc

 

I just need more time to get the letters rolling out

Mozzone

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Her direct dial telephone number was apparently released somewhere on the internet (she must have upset a lot of people) and she had large numbers of calls from collections agents, double glazing companies, insurance companies, etc and so her number has been removed from all CrapQuest sites and info.

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She calls her self in her emails, "Collections Administration Manager", which means she is one of many monkeys, but perhaps has a few lesser monkeys working under her. Basically,she is great to write to as she always abuses the collections laws and guidelines and gets angry, dropping herself right in it.

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Hey, guess what? I might just start doing that! A mcShame it is, a crying mcShame :)

 

The funniest part was that Egg took me the County Ciurty knowing I was abroad.

 

When I found out I had the judgement set aside

 

Then Egg sold tjhe debt to Crapquest!!

 

Talk about crapping on people

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Hmmm...letter from CrappyQuest's "Quality Assurance Officer" today about my complaint they had refused to forward my CCA request to the OC.

 

I quote:

 

"CapQuest were insstructed by Egg on XX 2006 to contact you regarding an outstanding balance of XX. CapQuest were unaware of any issue or dispute at this time and were acting in good faith based on the information supplied by Egg.

 

"I can confirm that your initial letter was received on X June 2010 for a request of a copy of the Agreement regarding the above account. As CapQuest are working the account on behalf of Egg they were instructed to advise all customers that requests for copies of Agreement under the CCA should be sent directly to themselves.

 

"I can confirm that 2 letters were sent to you by us on X June and X June informing you that you needed to send your request to Egg directly."

 

AND the OFT wrote back saying they don't investigate individual cases but appear interested in CrappyQuests track record and have asked me to sign a form confirming they can investigate 'em.

 

I am about to look up the OFTs draft guidance on CCA requests.

Mozzone

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I have just read the OFTs draft guidelines (Jan 2010).

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf;jsessionid=DB465919D6932F26976261B6B8C2836D

 

Its in black and white. DCAs do NOT have to provide CCA requests if they don't own the debts and CapQuest can refer to Egg.

 

I doubt the OFT will do 'owt in light of the above draft guidelines.

Mozzone

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I have to laugh to myself when i read about their "Quality Assurance officer". I had reason to complain about multiple emails within a few hours from Anne McShane, a "Collections Manager" at CrapQuest, also about the fact that she wrote to me accusing me of fraudulently having letters and cheques signed by a friend in the UK whilst I worked abroad. When I proved her wrong and complained, the CrapQuest internal discipline system declared that they found nothing wrong with her conduct. Errrm...OK...if they say so....(cough, splutter).

 

I reported her to the OFT, TS, local MP amongst others.

 

Strangely, I then got a letter from CrapQuest very similar to yours, saying, "CapQuest were instructed by Egg on XX to contact you regarding an outstanding balance of XX. CapQuest were unaware of any issue or dispute at this time and were acting in good faith based on the information supplied by Egg."

 

I wrote the standard prior dispute with OC letter and proved that the debt had previously been to the County Court and had then, at my request, been set aside. That basically shut CrapQuest up and they hurriedly closed the account.

 

Hopefully, they will do the same for you, but they will lie and cheat as much as they can along the way, as was the case with me.

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ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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Thx. But what if I didn't prior dispute the loan with Egg? Been paying crappyQ since 2006 and only disputed things when CQ and Egg failed the 12 day CCA.

Mozzone

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I'm probably being dumb, but does it matter if there was a prior dispute? I mean, if I wait X years and then ask for an agreement and that agreement is dodgy, am I not entitled to challenge it and claim back what I've paid to date? or is there an implied contract to contradict the original CCA?

 

In any event, do you think the small amendments to the attached are okay (in red) in light of the fact that I don't have a prior pre-CrappyQ dispute?

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading (OFT) Guidelines on debt collectionclip_image001.gif. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** and has yet to be resolved.

 

I would remind you that paragraph 1.9 of the OFT’s Consultation Guidelines of January 2010 state (and I quote in full):

1.9 The sanction under the Act for non-compliance with an information

request is unenforceability of the credit or hire agreement for so long as

the creditor or owner fails to comply with his duty. Where there is such

a failure, the courts have no discretion to allow enforcement.”

Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter a formal complaint and provide me with a copy of your complaint resolution procedure.

 

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Mozzone

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Yeah i did wonder but I can't see how CrappyQ have a leg to stand on if I dispute the account with the OC at any point? I wouldn't have thought a pre-existing dispute was necessary because I don'ty owe CQ anything, I owe the OC.

Mozzone

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Yeah i did wonder but I can't see how CrappyQ have a leg to stand on if I dispute the account with the OC at any point? I wouldn't have thought a pre-existing dispute was necessary because I don'ty owe CQ anything, I owe the OC.

 

CrapQuest have no legal right to know what the prior dispute with the OC is, since th law is that a disputed account cannot be sold on or shared a third party.

 

Of coure, Egg will always claim that a ddispute has been settled, but in reality you cannot unilaterally end a dispute. Both parties have to agree. Same as an argument with a neighbour.

 

Perhaps you had a prior dispute with Egg e.g. An unfufilled CCA request, a disputed CCA? Perhaps Egg lost the letter. However. The prior dispute with the OC still stands.

 

So CrpQuest can go forth and multiply.

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