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    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
    • So Apple can get out of it by this technicality seems ridiculous to me.   They call themselves Apple not Apple Retail. Unless you’re clued up on these things how can the average person know that it's Apple Retail UK.   If I got a letter from the court and never responded based on them spelling my name as Jo Blogg instead of Jo Bloggs I can bet your boots I would still be pulled in over it.    You've been very helpful I’m just annoyed over greedy Apple...oops I meant Apple Retail UK 😂
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Guitar Lady Vs Egg & Apex - now global for cabot


guitarlady
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Bit confused. Do I stop monthly payments to Egg immediately or do I have to wait until Egg say it's ok? I don't want to put in the exact amount in case someone at Barclaycard (or Apex) can identify me - but I've been upping it when I can. It's been over £50 a month for quite a while now - split between an Egg loan and an Egg credit card.

 

These are monthly (voluntary) payments to Egg - I have not received any communication from them in a few years. I recently sent a recorded delivery query to Egg regarding Apex who contacted me out of the blue to claim they have bought any financial liability I had to Egg.

 

Egg have not told me to stop paying them.

 

I thought that once an account was IN DISPUTE it could not be passed to a third party until the IN DISPUTE status was resolved. If they don't have a valid CCA - how else could they have the IN DISPUTE status lifted than by a Court?

 

Is the legal position different if Egg "sell" me on to Barclaycard rather than passing my details to a third party.

 

I really appreciate the help and advice.

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Update. Going to do nothing to see what Barclaycard do. Intending to refuse to change payments to their account - and will make a F & F offer.

 

If I'm on their radar and they start chasing - otherwise I'm just going to keep paying Egg what I can.

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Update. Apex sent their "notification of assignment" forms again. Should have come from Egg - also nothing on there that looks like Egg documents - and no proper name/contact at Egg to let me easily query this or point out the IN DISPUTE status.

 

Told Apex I wouldn't be making payments to them but offered an amount (that I can afford now) for Full And Final in respect of that Egg account. Will post % if they accept. Intending to stop voluntary monthly payments to Egg if they refuse. Will keep offering F & F amount - will increase it if I can. If it gets to the statute barred time I'm done with these chancers - they can take me to court. Think the clock doesn't start until I stop making payments to Egg. Surely someone at Apex will have the sense to settle long before then.

 

CCCS warned me about Egg and told me I've nothing to fear from a court appearance - i've been honest with everyone the whole way through this and Egg repeatedly turned down F & F offers when everyone else accepted.

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  • 2 months later...

Update - still getting the cycle of letters from Apex. It repeats every few months:

(1) "phone us"

(2) "we haven't received your monthly payment"

(3) "we're passing your case to our legal team"

then back to (1)

Had the legal team one multiple times - then back to (1).

 

The offer for just under 10% for full and final (was clear it was being offered to Egg - copied to Apex) has been ignored - that was a while ago.

 

I suspect the Apex position gets weaker every month. No CCA paperwork from Egg (a few years ago now) - that 10% may start looking good if I stop my standing order. Waiting for now - Barclaycard (Egg credit card passed to them) are very quiet. Will offer the money to them if they come knocking call anytime soon.

 

Update - absolutely nothing from Barclaycard. Still making a payment into the Egg account - I didn't change to the account requested by Barclaycard (twice).

 

Going to offer a Full and Final to Egg (copied to Barclaycard) if I get anything from Barclaycard that isn't just a computer generated general notice.

 

Just three left (Egg card, Egg loan and another card) since the financial difficulties kicked in big style back in 2007.

 

Today - totally calm and collected and working hard at getting up again after the knocks (and the threats) - I owe this forum and the community on here a big thank you.

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  • 1 month later...

Update. Generic letter received - change your payments to this accout instead. Stop paying Egg. You may incur late charges if you don't."

 

My position is still that the account is "In Dispute" - inadequate response to CCA request to Egg years ago.

 

Just waiting to see what they send next - if anything. This is the first correspondence from Barclaycard in ages. They just ignored my F & F letter (Egg copied to Barclaycard).

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Egg do not exist anymore, legally purchased by BC, including debtors etc.

You must deal with BC as they say if you want resolve.

They have been fair with me and accepted payments on same basis as with Egg.

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  • 2 weeks later...

Very interesting. If Egg don't exist any more - who are my payments going to? How do you know that Egg doesn't exist? What's your basis for saying that?

 

Re: barclaycard being "fair" - five years ago the national press described a "culture of dishonesty" that permeates the company from top to bottom. Did you CCA Egg and find your paperwork was in order?

 

http://new.egg.com/visitor/0,,3_11060--View_819,00.html

 

Link above shows Egg still online - so ....?

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That is another part of Egg.

 

Cards were transferred to Barclaycard

 

http://new.egg.com/visitor/0,,3_121235--View_2628,00.html

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OK Egg is now part of Yorkshire bank! for mortgages and the like.

As said Egg cards etc.is NOW Barclaycard!

as for being fair, they have and paid out on every claim I have made on them regarding faulty goods, even a car I bought with it.

But I never went into bebt with them so dont Know about that bit.

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  • 1 month later...

Update. My voluntary monthly payment (to Egg relating to an old credit card) has been returned to my account. I have continued making a monthly payment to Egg though the account is "in dispute" via a failed CCA request a number of years back.

 

Barclaycard have sent a few computer generated letters with the details of where I've to send my payments. I spoke to the Financial Ombudsman Service a few years ago about an "in dispute" account being passed or sold on to a third party. I was told that companies aren't supposed to do this but they do it anyway. I asked if I could trigger any legal process against an organisation that did this and was told no - basically anyone can write and ask me to pay them money.

 

Next move Barclaycard I suppose. I'll post back if they contact me. Hoping to offer a full and final worded so they are acting for Egg. Still concerned that any payment to Barclaycard may look like I somehow acknowledge a debt to them (when it's with Egg and in dispute).

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  • 2 months later...

Update. Single threatening letter from Barclaycard. Usual stuff - Mercers will be in contact and will issue a blah blah blah ... nothing from Mercers.

 

Sent response recorded delivery asking for clarification - they've booted me straight to RMA. That was quick.

 

Waiting to see what they do. Ignoring the calls from their 0177 number and sent a letter asking for written correspondence only.

 

RMA have said in their letter that Barclaycard will not accept any correspondence from me.

 

Update.

 

Nothing new. Weekly letters from Apex since last post in may. Same old, same old.

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  • 4 weeks later...
  • 2 months later...

Letter sent recorded delivery to RMA. Letter back to say they're investigating (not sure what exactly they're looking into).

 

Letter arrived from Moorcroft. Phone calls have started - ignoring them. I'll give them a few days then send them the written correspondence only letter.

 

Update. Same cycle of weekly letters from Apex. Going to wait a few months then try a Full and Final offer provided they can show paperwork - going to reduce my Egg payment to £1/month. Egg are ignoring my letters asking why it's been sold on when in dispute.

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you would think they would get the message by now

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  • 5 years later...

Hello

 

GDPR

 

I've a letter form Global Debt Rocovery Ltd.

 

They've written:

 

"Client Cabot (Egg Banking Plc)"

 

and given an account number?

 

I've consistently told Cabot I've no relationship with them.

If Egg want to get in contact, fine, but anything will be from a decade ago (maybe more).

 

Do Egg even exist as a company any more?

Years ago I told Cabot to tell Egg to get in touch if they wanted to discuss something with me.

They don't respond in any meaningful way (Cabot), they're impossible to deal with

- it's computer generated stuff.

 

I wrote to Egg years ago when Cabot first got in contact and they just ignored me.

 

This new company - can I go for them under GDPR? I've never given them permission to process my data.

 

If so, could I do the same to Cabot?

 

 

Thanks in advance.

GuitarLady

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global are cabot

 

if cabot have it then its been sold

nothing to do with egg anymore

 

have you moved since you took this out and have not informed egg/cabot of your new address

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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three threads on same debt merged and tidied.

 

when was you last payment to anyone?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello and thanks for moving the thread.

 

 

I cannot remember when the last payment was made - it was years ago and it will have been to Egg (and it will have been a token payment). Egg refused a full and final settlement offer (maybe twice) and I did a CCA request.

 

 

It's absolutely ages ago but I do remember they missed the deadlline and when I wrote again to tell them the account was now in dispute, they told me on the phone - not in writing - that they didn't have the documentation required and asked what I was planning to do. I said I'd continue making a token payment but that it would stop if they passed the account out to a third party. They said that wouldn't happen - I asked them to confirm this in writing - they never did.

 

 

A while after this - they passed it out to some DCA - possibly APEX, I'd need to hunt out my old files. I remember sending "signed for" letters pointing out to both the DCA and Egg that they couldn't do this. Egg never responded. The DCA said they weren't aware of any dispute.

 

 

I phoned the ombudsman and who agreed that Egg shouldn't have passed it out but said it happens all the time and there was very little that could be done. It's years ago - there was never any more contact from Egg despite me writing and it's just been a series of computer generated letters from DCAs ever since. I was hoping I could do something with the new GDPR stuff.

 

 

Thanks again for looking at this.

Guitarlady

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pers id just go ring egg and ask last payment date simples

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Two things

- firstly, who would I contact?

The Egg I dealt with no longer exists.

 

I've been online before trying to figure out who to contact.

Barclaycard seem to have acquired Egg credit cards and Yorkshire (?) the banking arm.

 

PPI claims are to some subsection of Citibank with an address in Canada Square.

 

An important thing here is the "in dispute status"

- they cannot pass the account out or sell it on.

 

If they ceased to exist as an organisation and they can't pass out an In Dispute account

- who do I contact.

 

If I contact someone other than the OC is this not in some way going along with recognising their decision to pass an In Dispute account to a third party?

 

The second thing - if I query the account in the wrong way, I thought it resets the clock (6 years, maybe 5 in Scotland)?

 

I'll hunt out my notes from storage and see if I've the date of the last token payment. I let it run until it was returned. I never changed the payment to the account that the first DCA requested.

 

 

https://www.nationaldebtline.org/S/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-(sole-name).aspx

 

I've put a link above - if it's more than 5 years since the last token payment to Egg, is this a suitable letter to send to Cabot / Global Recovery (who have been sending letters) or do I send this one to Citibank?

 

 

Guitarlady

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just go ring EGG and ask

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?92617-EGG-Contact-Addresses-PLEASE-NOTE-UPDATED-INFORMATION(1-Viewing)-nbsp&p=4468182#post4468182

 

harking on about old guidelines that were only guidelines 6yrs ago or so is irrelevant ..they were never adhered too and didn't have to be, sadly that's from a day when people thought they had a stick to beat DCA's/OC's with, which in all aspects was false.

 

going by post 36 23/08/2012 your payments wee being returned

so if you are in Scotland and were resident in Scotland when you took this out its now extinguished.

 

go send cabot [as apex/global are part of the cabot group] our Scottish SB letter from the DCA section of our library

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update: The Canada Square phone number - they don't take calls - you've to write. The automated options presented appear to be focussed on claims and PPI complaints. I held on and spoke to a general operator and now have the info for making an Egg query.

 

 

I apologise for asking this again,

but are you absolutely sure that me writing to them,

with an account number to find out when the last payment was made,

will not start the 5 year clock going again.

 

I was making two different token payments -one for a card, one for a loan.

This is the loan one.

The card token payment was returned first (my bank phoned).

 

The loan one continued to go through for a time after that.

It may not quite be 5 years.

 

Guitarlady

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Well send them an sar

It cant reset anything

Its a legal request

And anyway its been sold

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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