AB Vs EGG - Help please???

[andreab]

Apologies is I have posted in the wrong place, I have spent over 15 hours reading through material on this site (which has been very useful) but I am very confused and don't know where to turn.

 

Basically I had an egg card with £1200 outstanding, in July 2009 I sent cca request and having heard nothing for around 3 months apart from a letter saying they were 'looking in to my complaint' cnacelled my direct debit in July 09 and I have been checking my credit file regularly - there is a note from Egg on my file saying account settled september 2009. Thought nothing more of this as had no letters chasing for payment etc from Egg & stupidly I thought they had written it off until July 2010 1 year later when Fredricksons debt collection agency contacted me saying I owe Egg £1600.00 I sent them a letter to say 'account in dispute - no cca' also brought to their attention that my credit file states 'egg account settled Sept 09' subsequently Fredricksons have now passed the matter back to egg who have in turn sent me a letter saying I owe them £1600 and said thanks for notifying them my credit file was wrong & that they will amend it to show defaults. They have also sent me copies of egg statements since July 2009 and are now asking me to contact Fredricksons to arrange payment of the debt. I'm in complete turmoil, don't know which way to turn or who to contact - pregnant and very very stressted. I would be very grateful if you could point me in the right direction of what letters to send to egg now or suggest who else I could speak to.

 

Thank you in advance.

 

Andrea

[harrassed senior]

Firstly, try and stop worrying, we can help you sort things out.

 

The Basics of your case is that you have not received the required response to your CCA Request, and presuming you sent the Account in Dispute letter you are home and dry until such time as you receive an appropriate response. Send Freds the bemused/passed on letter from our templates and they should again return this to Egg who are in default of your request.

[harrassed senior]

Just for information, the original entry by Egg only reports the fact that they have sold on your account and it is therefore 'settled' as far as they are concerned. With Regard to their now entering defaults etc. have you ever received a Default Notice from Egg and if so shat is the date.

[Deb T]

Surely if the account is marked as 'settled' the account is 'settled' and not available to be sold on?

[andreab]

Many thanks for responding so quickly. I have never received any letters/defaults from Egg other then the one which they sent to me 3 months after my cca request advising me they were looking in to my complaint!

 

AB

[andreab]

Hi, may thanks for replying - yes I'm confused by this too! It's very bizarre how all of a sudden after a year they are chasing me. Going to check my credit file again to see if they have defaulted as they promsied in their letter.

 

AB

[Deb T]

Egg have in certain instances adjusted a credit file default entry/date to suit themselves. Be sure to check your dates etc

[andreab]

Sorry to bother you again, I have been looking for the letter in the templates section to send to Freds as you suggested the bemused/passed on letter but can't see it anywhere - maybe I'm having a real dumb but i've spent yours looking so just wanted to clarify I'm looking in the right place? Library, debt letters?

[Deb T]

I suspect this is the one he means

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

You're pregnant, you do not/should not be worrying about this debt as much as you seem to be, take a back seat, send them the letter and whatever

happens the alleged debt should have no priority over your day to day runnings and in the greand scheme of things the amount is not a great

deal and can easily be dealt with by offering them (once they've proven the debt etc) a nominal amount of say £1 (assuming your finances

are not clever etc) it's just money, your unborn child comes first.

[Tingy]

Hi,

Sorry to butt in on the thread but I've just read it for the first time. In your very first post you say you sent account in dispute - no CCA letter. I assume you did actually send a letter requesting the CCA and enclosing £1.00?

 

When Egg sell a debt, once it has been sold they tend to mark it as settled on your credit report as from their point of view it is - somebody else owns it.

 

However, and this is where things get naughty, it is not unknown for the purchasers of the debt to be given a few sheets of headed notepaper from the OC so it may be that the letter from Egg isn't actually from them, just on their headed paper. It may well be F's trying to scare you into taking an action you may later regret.

 

As I say, sorry to butt in folks as I know you're all already advising the OP, but I thought that worth pointing out.

[Deb T]

Egg do not appear to have sold the debt or Fredricksons would not have sent the 'debt' back to Egg for egg to then go on an contact the alleged debtor.

[Tingy]

Egg do not appear to have sold the debt or Fredricksons would not have sent the 'debt' back to Egg for egg to then go on an contact the alleged debtor.

 

What I'm saying MAY have happened is F's may have sent the letter on Egg headed paper so it purports to come from Egg and makes threats, but actually comes from F's. If they have bought the debt they would have the statement details.

[Deb T]

Whilst I consider Egg to be the lowest of the low re their collection activities and have no experience of Fredericksons I do not believe that you what you're suggesting 'MAY' have happened as a viable proposition.

 

What I'm saying MAY have happened is F's may have sent the letter on Egg headed paper so it purports to come from Egg and makes threats, but actually comes from F's. If they have bought the debt they would have the statement details.

[Tingy]

Whilst I consider Egg to be the lowest of the low re their collection activities and have no experience of Fredericksons I do not believe that you what you're suggesting 'MAY' have happened as a viable proposition.

 

I sincerely hope you are right. However I do know of cases where DCA's have used the OC's letterheads to send letters.

[andreab]

Thanks everyone for your responses it's much appreciated. Yes I did originally send the CCA & £1 request etc but heard nothing for months. I hope it is the case that F's have used Egg letterhead as it does seem a little odd that Egg are asking me to contact Fredricksons to arrange payment? Going to try the account in dispute letter again and see what response I get from them. I can't tell you all how greatful I am for your support. Will keep you informed.

 

Thanks a million.

AB

[andreab]

Just checked my credit file again it now states that Egg have defaulted me since Arpil this year - (previously 3 weeks ago said 'account settled' in September 2009). How can they get away with this as they have never produced a signed copy of an agreement or sent me any defaults in the post. I have looked in more detail at the letter they sent me last week thanking me for notifying them about my credit file and within the stack of statements they have issued defaults, although I have to point out they have not notified me previously of any defaults or produced any CCA. Very annoyed & just wondered if anyone could please tell me what steps to take next.

 

Many thanks.

[Deb T]

If you stopped paying the credit/loan then it stands to reason that the account by it's terms and condtions would have automatically gone into default. Obviously if egg have not

provided you with default notices then it needs to be sorted, sending a SAR to them should help show at least when (in their computer jargon if/when they supply the SAR)

they issued you with a default.

 

As for egg changing the details of your credit file.....this is how it is/was for me. They defaulted me over 6 years ago, the default dropped off this year as it should 6 years from

it being entered...3 months later it was back with a different default date and balance which in essence extended the default on my credit..essentially somebody at egg manipulated

my credit file...I wrote to the cra's and gave them the information on the account, they investigated by contacting egg who agreed (they had no choice) that the second entry should

not be there and they removed it (it showed as setttled) I've since raised my complaint with the OFT and the ICO ....somebody at egg is playing games with peoples credit file

and I am not the only one it's been happening with. What egg are doing is nothing short of disgraceful and at some point they will be held accountable for it.

[andreab]

Many thanks again Deb T, I will send an SAR today and see what they come back with.

 

AB

[andreab]

Hi,

 

Please may you advise me on what to do next?

 

On Friday last week I received a huge batch of paper work from Egg included in which was a photocopied egg card agreement which was signed by myself back in 2003. I have to say that the document looks like it has been tampered with in some way, there is a black line though part of the document as though they have "doctored" the agreement in some way. Am I right in saying they need to produce the original signed agreement not a photocopy?

 

Unfortunately I don't have a scanner to upload the agreement & was going to type out the entire document to show the wording to get an opinion on being if may be enforcable but before doing so wanted to clarify if Egg should have sent me the original copy or not? If so is there another letter which you can reccommend sending to them. I have noticed within the huge batch of paper work some of Egg's notes which say the following:- 19.01.11 CLOSED BY FREDRICKSONS AS UTC. QUEUED FOR DEBT SALE.

 

??? Not sure where to go with this one, very confused indeed, please can you advise?

 

Many thanks.

 

AB