Egg: Default/PPI

[r4inman]

Hey guys, been reading this forum for a couple of months now trying to get enough information to start my fight against egg.

 

To cut a long story short, i'm applying for a mortgage, and my broker (friend) asked me for a credit report to give me an idea on where i would stand- credit report showed a default from egg.

 

This default is from early 2007, i payed it off after it was referred to a DCA, at a reduced settlement.

At this point no one mentioned a default on my credit report.

 

I recently requested a SAR, and have been going through the mountain of paperwork.

There is no copy of a default, and more importantly no sign of any messages or notes to say a default was sent or registered(screenshots)

 

Another point to note, they gave me this loan in 2005 with ppi included. I never requested this, and being a student at the time,

(working 8 hours a week) i don't think in the event of unemployment it would be applicable to me anyhow!

 

 

I am wondering how to now proceed with regards to EGG as there is no formal default or messages, and my primary concern is to remove this from my credit report!

 

Any help would be gratefully recieved!

[Sidewinder]

Was it actually Egg or their appointed DCA who placed the default?

 

Assuming it was Egg, then as far as I am aware you will need to write to them and on the basis that no default existed, ask for the marker to be removed. They will most likely refuse, so you may need to be persistent, using the evidence gleaned from the SAR to prove your point.

 

Alas there is no quick way of doing this, so if you are keen for a mortgage, you might need to ask the CRA to add a narrative denying the default and hope that a potential lender gives the benefit of the doubt in the meantime.

[dx100uk]

you are going to have a tough time cracking egg ......

 

could you have poss made a series of late/under payment leading up to the marker?

 

sometimes CRA's automatically mark files '8' default after 4-6 markers.

 

the other thought is the PPI

 

if you were to reclaim that

if mightr well reduce the bal at the time of the default?

 

any charges at all?

 

are there any indications around the time of the marker that you were over limit or late paying?

 

dx

[r4inman]

you are going to have a tough time cracking egg ......

 

could you have poss made a series of late/under payment leading up to the marker?

 

sometimes CRA's automatically mark files '8' default after 4-6 markers.

 

the other thought is the PPI

 

if you were to reclaim that

if mightr well reduce the bal at the time of the default?

 

any charges at all?

 

are there any indications around the time of the marker that you were over limit or late paying?

 

dx

 

I remember at the time, i was struggling with their monthly repayments whilst at uni. They gave me a payment break i think of around 3 months, but things didn't improve. They then shifted the debt to a DCA, who sent me this lovely polite letter which scared the crap out of me.

My sister contacted them and they offered removal of the debt if she could give them a one off payment which she did.

 

The amount of the loan to be repayed at the time of the default was just over 4k

The reduced settlement they offered her was £800 less this.

 

Looking at the loan agreement the ppi alone is £1100.

 

It looks like the default was registered by EGG 3 - 4 days after my sis had settled with the DCA.

 

Now if she was aware that partial settlement would result in a default she wouldnt have done it.

[dx100uk]

shows that they didnt have paperwork then

no dca will offer a 'discount' if they can smoke the whole cigar!

 

if egg defaulted after the pay-off

can you not argue that with them?

 

if you reclaim the ppi you could probably argue too that the bal was false because of the ppi and why was the ppi not use to stop a default being put on.

 

also you must have unlawful charges too i bet

do the same with those

 

dx

[r4inman]

Thanks for the advice.

 

With regards to the paperwork, with the SAR they did provide me with my original CCA with my original signature, but as i've repaid this is not soo much of an issue.

 

The route i'm going to take forward is the ppi/charges reflecting an incorrect balance on any default notice that they did 'not' send me.

 

Are there any template as such available that i could use in this case?

[r4inman]

Hi guys bit of an update following some correspondance with Egg.

 

They have advised me;

 

-The intent to default letter was 'apparently' sent on the same day they filed the default with the CRA

-They allow customers 28 days from the date of the letter to remedy the situation.

-I remedied the situation within that timeframe, but i was contacted by the DCA rather than them, and so the settlement was with them.

 

Now i've already got quite alot to hit them with thanks to the above posts however a have a couple of question with regards to this new information;

 

-Can Egg sell on my debt before the given 28 days

-If they have sold on the debt, are they supposed to inform me.

-If they have not followed correct protocol with regards to the selling of debt, what action could i take?

 

On a side note, Natwest have removed a default on my file, following a sar and a phone call!

 

Thanks again for all your help!

[dx100uk]

Hi guys bit of an update following some correspondance with Egg.

 

They have advised me;

 

-The intent to default letter was 'apparently' sent on the same day they filed the default with the CRA

-They allow customers 28 days from the date of the letter to remedy the situation.

-I remedied the situation within that timeframe, but i was contacted by the DCA rather than them, and so the settlement was with them.

 

Now i've already got quite alot to hit them with thanks to the above posts however a have a couple of question with regards to this new information;

 

-Can Egg sell on my debt before the given 28 days - no!

-If they have sold on the debt, are they supposed to inform me. - yes

-If they have not followed correct protocol with regards to the selling of debt, what action could i take? - TBH not a lot!

 

On a side note, Natwest have removed a default on my file, following a sar and a phone call!

 

Thanks again for all your help!

 

dx

[r4inman]

Ok, would the selling of debt 'rules' be found in the consumer credit act, or would i need to look else where?

[dx100uk]

cca should do

 

not exactly my game where stuff is

 

dx

[r4inman]

Thanks for the above info.

 

Following a reply to my official complaint, egg state they sent me an intent to default notice however do not keep copies of this as they do not have to?

 

They feel the default was applied correctly.... end of story!

 

Like i said from the SAR there is no ref of default being sent on their system, but their response was on their notes system there is- Are they obliged to supply all info about me held by them or is there some discretion(SAR)

 

Im still pursuing the ppi/charges angle however am i bit stuck on the grounds of non notification.

 

Any ideas??

 

Also if i want to chalenge the default, whilst the FOS is snowed under, is there a process where i could take this through a small claims court?

Edited April 7, 2011 by r4inman

[r4inman]

Anyone?

[dx100uk]

i doubt you can do anything about this as advised already

 

if you made a series of late/underpayments the the CRA system will mark it as '8' after about 4 or 6

 

but as you indicate egg have some record that thay did sent a letter , then thats all they have to have - a 'record' not the actual default letter as it was automated..

 

your only chance here is to get the default removed by the OC when/if you reclaim PPI and or charges

and the balance 'when' they put the default on , would thus now be wrong.

 

dx

[r4inman]

Ok i see where you are coming from.

So my next step would be reclaim ppi/charges, and then request egg to remove default as their figures in the DN would have be incorrect.

I am looking for an example of a template of a default notice early 2007 (jan/feb) - the one they sent me in their reply to my complaint was for late 2007. Would i find one on this site?

[r4inman]

Hi guys me again, quick question.

 

Can Egg apply a default on an account that has an invalid CCA?

Just to re itterate, the debt has been paid off, so not looking to invalidate, just looking at different angles.

[dx100uk]

yes

 

dx

[r4inman]

Hello again,

Thanks for the prompt response DX.

 

I have found that the arrears information given to me is incorrect disregarding the ppi at this stage (ppi reclaim is ongoing investigation with them)

 

If this is the case, does this again make the default invalid?

 

I'm looking through the Credit Act and can see the section covering arrears but cant seem to work out which is relevant to the actual amount and consequences if it is incorrect.

 

Seems i'm having a blonde moment.

 

Any pointing in the right direction would be greatly appreciated.

[r4inman]

anyone?

[r4inman]

Hi guys, Egg have been trying to waste my time and keep ignoring or dismissing my complaints without actually responding to them.

 

I feel i would be best served taking this further away from dealing directly with Egg.

 

Reading from various posts, it seems defaults are not in the remit of the ombudsman, so court is the best way forward.

 

Could anyone point me in the direction of the example of someone going to court to remove a default ?

[r4inman]

Hello again,

 

Following DX's advice i used the ppi / late charges plus the fact they gave me incorrect arrears figures for my default notices (which i never recieved) as grounds for my arguement.

Initially they tried to bat it away, but following a threat of legal action, they have removed the default, and curiously in their letter to me they state, they are doing this as there has been a change to

their business policy implemented in December 2010. What that means i do not know!

 

Thanks everyone for all your help!!

 

A happy rainman :o)