Egg, Fredrickson and Bryan Carter

[Worriedfemale]

Hi, I would appreciate some help on this. I have a year old default on an Egg Credit card, which has been gathering interest and charges every month. I am in no position to pay, being unemployed and without assets.

After Eggs own chasing lettters I started to get letters from Collect Direct UK, more recently Fredrickson. and now Bryan Carter Solicitors. I decided to call Egg to just keep them in the picture, and was surprised to get a response where they would not talk to me at all. I asked them if my debt had been sold or assigned to Carter or Fredricksons, they refused to tell me, just saying "You need to speak to Fredricksons". They then hung up on me! IS IT MY RIGHT TO KNOW - whether my debt is owned by Egg still or by the DCA. Carter's letters still refer to their client Egg Banking, but I am not sure what has happened. Does anybody know what the normal procedure is, and are any of them actually likely to take me to court given my lack of any ability to pay?

[rev.ian]

1. Look at the letters from Carter and Fredrickson I think you will see the same address.

2. Send a CCA request to Carter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter + £1.00 postal order only print your name on the letter do not sign it.

3. Send a SAR to Egg http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca + £10.00 postal order Print your name on the letter do not sign it.

The CCA request will hold Carter up with his court action but keep an eye on him he is well known on here and if he trys anything get on here asap.

[Mistermind]

and are any of them actually likely to take me to court given my lack of any ability to pay?

If you were taken to court the judge will assess a monthly payment according to your means as demonstrated in court. In view of your circumstances this would be a token amount. So the DCA and their lawyers have nothing to gain by taking you to court, and you have nothing to lose except for a CCJ to recorded on your credit file for 6 years.

 

The DCA will try to squeeze out as much payment as possible by harassment. If you come clean with an income and expenses summary, well they cannot get blood out of a stone. The main thing is to avoid too many ugly confrontations.

 

Egg have evidently given up on you as a lost cause, so no surprise if their harassed staff do not want to respond. They cannot however escape their legal obligations to respond to SAR and CCA requests.

 

Do you have unlawful penalty charges to reclaim, which would reduce your outstanding debt? Do you have missold PPI instalments?

 

Good luck.