One bank Passing debt to another was egg now barclays??

[olliepup]

Hi all,

 

Sent DLC a CCA request after 2.5 years of haggling with them and them demanding more and more money every 3 months.

 

To be honest i'm sick of them, so they have cashed the cheque for a quid and haven't collected any money this month since they have received the CCA, how efficient are they with there paper work etc?

 

It was credit card debt for 3.5k which i applied for online.

 

Many thanks .

 

Olliepup

[olliepup]

Right, i've received a letter today from DLC, it contained a copy of a Credit|Consumer Act with details of interest, etc and after terms and conditions there was my signature and theirs.

 

Looks to have all the info? Is there anyone i can email this agreement to to see if it is enforceable? As i can get it scanned to email but not to the site?

 

Also it had a covering letter saying they are waiting for documentation of statements on account which they (DLC) are waiting for, and until then they will suspend all action on the account.

 

They will write in 21 days with a update or the information i requested.

 

Is this normal? produce a CCA but not a statement and suspend action temporarily??

 

Any views?

[postggj]

post what dlc sent you delete all personel details

google photo bucket

[olliepup]

Yeah i'll try and photograph it and upload it to photobucket.

 

Cheers

[olliepup]

Hi all!

 

Had this debt running a while now, they provided a valid CCA with all terms etc and my sig on it etc and provided all statements.

 

Funnily i've always got on with their phone monkeys and they have been polite.

 

Ive increased my payments over the years and voluntariley last time, i'm upto paying £70 a month for a 2k debt, that is at the top end of what i can afford, im self employed and sometimes get cheques at the end of the month so i don't always have cleared funds to pay the debt but always do within 1 or 2 days of the due date.

 

Anyway i phoned them to make a payment and got this little sh1t of a jobsworth and started lecturing me like a schoolboy about why it was late etc.

 

Ended up saying i didnt phone for a lecture i phoned to make a payment, do you want it or not?

 

He then said i would goto court as this couldn't carry on, so i said if your taking me to court i'll keep my 70 quid and you will get alot less through the court on pro rata payment.

 

I payed and that was it, got a letter same day saying if i didn't pay today the agreement would end.

 

So i sent a letter being pi55ed off explaining how annoyed i was and if it went to court they would get alot less.

 

Got a letter today wanting me to fill out their expenses form wanting to know my partners income, my income and proof of earnings etc, are they in a position to request this legally?

 

It said they would take further action if i don't fill it out, what is the point of asking about my partners income when there is no section for her outgoings and loans she is paying.

 

To be honest i feel like writing to them and saying F off as ive had about enough and ill leep my 70 a month and risk a CCJ.

 

My wife doesn't want me to get a CCJ and i've avoided it with all other creditors for the 4 years or so i've been dealing and sorting my debts.

 

What advice does anyone have as i'm getting to the end of my tether, i feel like writing to EGG the original creditor and ask if they would accept my 70 quid as there muppet DCA is going to get them a whole lot less on a pro rata payment.

 

The guy also said they would put a charging order on the house and to them it's as good as paid in full, well it ain't until i sold the house.

 

Advice please.

 

Olliepup

[Bazooka Boo]

How much of this do you still owe?

 

IMO and personally after having some jumped up spotty telephone jockey speak to me like that I would drop the payments right down to £1 a month, there is sweet FA they can do, as you are still paying them an amount, albeit the token payment, and any Judge would tell them to wind their neck in and take whats given and shut up, subject to the DJ lottery of course.

 

£70 a month is outrageous, especially when they will have bout this debt for absolute peanuts, and as little as 6p in the pound, so for their cr@p telephone manner, quit using the phone to correspond with them, set up a standing order, NOT A DD, so you don't have to talk to these morons again.

 

Who checked you EGG agreement and told you it was enforceable, as I have still yet to see an enforceable EGG agreement?

 

Have they sent you a statenent of account, which they are legally bound to do every year, showing you payments in, any interest added, which a dca shouldn't be! and the amount outstanding?

 

You are correct in that they have zero right legal or otherwise to see your I&E and most certainly this has nothing to do with your wife, unless these are joint debts?

 

If they want to see that information tell them to put you in front of a judge as he is the ONLU person who is legally obliged to ask and view such confidential info, tell them to sling their hook and stop having delusions of grandeur, their only a tin pot DCA with no legal powers whatsoever.

 

And unless these fools have bought the debt and all of its rights under the law of property act, then they can't even take you to court, and do all the stuff they threaten alleged debtors with, this can only be done by the OC (Egg) and that aint gonna happen.

 

Who is the DCA who's too big for their boots?

[olliepup]

Hi there!

 

The debt is £2100, i've paid off about 1900 quid!

 

Yeah the 70 is expensive and with the recession biting it's prob to much for me to pay happily!

 

To be honest i haven't had it officially checked, i can't scan it in to be checked, but it was all on one page with the terms, interest rate, dates and my sig so thought it was fairly correct?

 

What else should be on there, not even sure where it is now, in my filing somewhere.

 

I was doing my best to pay this but they are blood suckers and want more then that little dick mouthing off, could of throttled the muppet.

 

So if i say sorry you have no legal right to see my income and dropping the payments to what i can afford, maybe i'll write and say i'm self employed and can't possibly provide that information until my accountant accesses all the information and i'm making a £1 a month payment until i'm in a position to move forward?

 

So if it was enforcable they would move forward with court action?

 

They haven't provided me with a yearly statement of my payments, interest is supposed to be frozen.

 

The debt is solely my debt.

 

I had a Natwest loan and they provided a CCA pretty quick and instructed solicitors to act on it and threatened court, came to a agreement with them at 85 quid a month but they have left it at that and seem quite happy and i didn't want to risk court as they seemed fairly genuine.

 

So will they be acting for egg? or bought the debt?

 

It wasn't a dca that instructed solicitor with Natwest it was Natwest themselves so in the egg case with a DCA having it is it more unlikely they will have any power to take it to court and would it be worth the expense taking a 2k debt to court?

 

I have no idea in the costs involved.

 

Thanks in advance!

[harrassed senior]

Hi, sometimes these DCAs get soooo greedy.

 

Do as Boo suggests and try and post up the Agreement, as it may be (hopefully) that it is not enforceable and you can say enough is enough and put the account in dispute and refuse to pay more.

 

They would look pretty stupid taking it to Court when you have all but paid the debt off.

[Delta-Charlie-76]

Olliepup, for your own sake stop entertaining these cretins on the phone, they are not worth the hassle, insist that all correspondence be in writing.

[blueboy6970]

Bet they won't take it to court for £200

 

Didn't I read somewhere on here it would cost them about £500 to do so?

 

Any DJ would laugh them straight out of court.

[olliepup]

Sorry, misunderstanding, the debt is 2.1k at present and 1900 has been payed to date, so 4k originally, sorry for confusion.

 

Don't think i'll bother filling out there expenses form, it says on the bottom it may result in further action.

 

Its not like ive been avoiding it. i'll hunt out the agreement hopefully.!

[marc_30m]

They have no right to any I&E and I have loads of experience of refusing to provide it. Nothing ever happens, if anything it puts you in a stronger position because they soon realise that you know your rights and won't be intimidated. Only ever offer what you can afford and only if they provide a proper CCA. At the end of the day they want something from you so you are in the driving seat. Ignore most threats of legal action unless they have a watertight agreement, a large amount owing and they actually own the debt.

[harrassed senior]

For my own amusement, if it were me:

 

I write in response to your request for sight of my Income and Expenditure.

 

This request prompted me to take a closer look at my financial situation at the present time, and to research the information available in respect of payments of debt.

 

I have obtained a County Court approved set of calculation documents and have completed them to the best of my ability. I have also, at this time been advised that these completed documents are only legally required to be placed before a Judge, and companies such as yours have no legal right to request site of such.

 

Surprisingly, these show that I do not, at present have a disposible income with which to offer payments, and therefore, in-line with Court advice documents I hereby submit that I can only afford a payment towards this alleged debt of £1 per month. This payment will commence with the Postal Order for £1 attached herewith.

 

This amount will be sent on the xxth of each month hereafter.

 

Yours etc.!!!

[olliepup]

I haven't found the agreement yet, but i'll get it tomorrow, i haven't much chance of posting it up as my printer/scanner has died.

 

May just send them a cheque for 35 quid at the end of the month as the agreement has been broken anyway.

 

What things should be on the credit agreement to make it ligit?

 

If it was spot on and they took me to court the would def get less that way, which to me seems stupid...but they are!

[dx100uk]

I had a Natwest loan and they provided a CCA pretty quick and instructed solicitors to act on it and threatened court, came to a agreement with them at 85 quid a month but they have left it at that and seem quite happy and i didn't want to risk court as they seemed fairly genuine.

 

 

.... my foot...

 

it was the bloke next to the last one you spoke to.

 

prob same LL aswell.

 

reclaim unlawful charges & mis-sold ppi on these

that'll hit them in the guts

 

dx

[Bazooka Boo]

If you have a digital camera put it onto macro mode and take a picture of the agreement, try and get the whole page in one photo, and then to make it easier to read take two more photos one of the top half and the second of the bottom half, what your looking for is two signature boxes, yours and theirs, a notice to cancel box, if you signed the agreement off their premises, and the terms & conditions (T&C's) at the time the agreement was taken out, and any subsequent changes to those T&C's used on your agreement.

 

IF it was spot on and enforceable, and they went to court, a Judge, not some tin pot DCA, would ask to see your I&E sheet, he would then make a decision as to what amount you can comfortably and realistically afford to pay back each week/month, once he has made this order, (CCJ) so long as you stick to it and pay the amount on time every time, then there is nothing the OC/DCA can do.

[fuzzybobble]

The last I&E a DCA sent me got returned to them with, "None of your ****ing buisness" written across it in red marker pen. I then sent them a form of my own where they could tick a box for the reason why 4 months later they still haven't sent me a CCA.

[Bazooka Boo]

I do hope they didn't ignore you after that?

[olliepup]

I didn't take any insurance, which i pressume was PPI?

 

Yes got a digital camera so that could be the way forward.

 

I suppose if it is genuine then a court would decide i should pay less as i have other creditors and some in dispute through lack of CCA but Pro rata payment would be in play then, but i was hoping not to get a CCJ, as it will be on my credit file.....i know my credit file is a joke and credit score of iceland but we are hoping to move one day and that would put the mockers on a mortgage for 6 years? Thing is i will be straight hopefully within the next 4 years so wouldn't want to be goosed for 6 if you see what i mean.

 

But i suppose not alot i can do about it, i feel like doing the marker pen thing and saying feck off!

 

Been busy at work so havn'e dug out the agreement but i have a good idea where it is, i'll go look now.

 

Cheers for advice and suppor, hell they get you down.

[olliepup]

Also if i can't find the CCA they sent me can i send another quid and request another?? Or can they refuse? Or will they even remember?

[dx100uk]

I didn't take any insurance, which i pressume was PPI?

 

Yes got a digital camera so that could be the way forward.

 

I suppose if it is genuine then a court would decide i should pay less as i have other creditors and some in dispute through lack of CCA but Pro rata payment would be in play then, but i was hoping not to get a CCJ, as it will be on my credit file.....i know my credit file is a joke and credit score of iceland but we are hoping to move one day and that would put the mockers on a mortgage for 6 years? Thing is i will be straight hopefully within the next 4 years so wouldn't want to be goosed for 6 if you see what i mean.

 

But i suppose not alot i can do about it, i feel like doing the marker pen thing and saying feck off!

 

Been busy at work so havn'e dug out the agreement but i have a good idea where it is, i'll go look now.

 

Cheers for advice and suppor, hell they get you down.

 

sadly you're paying far too much to the rubbish you got given on the phone

this is why you should only ever converse in writing.

 

btw: what should you be paying per month?

 

 

dx

[veryweary]

I used to send out I&E forms each year to crediotrs I still pay. Now I refuse to fill them in or send them, I ignore their review letters requesting me to contact them to discuss increasing my repayment offer, and Truecall blocks any of their begging calls. Every year I work out how much I can afford and just send it. No one has taken me to court yet about this, and the payments I make have reduced substantially over the past few years. MY OH who works in the private sector hasn't had a pay increase in over 3 years and during that time price of food and utility etc petrol has greatly increased. DCA's need to be kept in their place which is at the very bottom of the pile.

[olliepup]

Hi all!

 

Well i decided not to send any expenses forms.....also i havent been able to locate the agreement they sent.

 

I was paying £70 a month so i halved it to £35, they have cashed the cheque but are now emailing me as i said not to contact me by phone, so emailing me asking me to ring them is not really going to work,

 

They prob want to give me grief for not payong the £70, but i can't afford it anyway, so i wonder if they will pursue court procedings even if i keep paying 35 quid a month?

 

Really can't be bothered with them anymore and if they fancy court then maybe so be it, least i get chance to make a offer.

 

Any advice welcome!

 

Oliiepup.

[Bazooka Boo]

£35 is still too much IMO....

[harrassed senior]

Way too much