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AvengingAngel

AvengingAngel's fight with EGG and Barclaycard Carey CCA78 Request

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Hello Everybody

I am acting for my partner who had an Egg credit card account. Over a period of months, my partner asked for a copy of the original signed credit agreement. Moorcroft were acting for Egg and confirmed that "their client could not provide a copy of the original signed credit agreement." Amazingly Moorcroft also wrote in their letter to my partner that without this the account was unenforceable.

 

Then Barclaycard, quite recently, wrote and said that they had taken over this account. They instructed Moorcroft. I wrote to Moorcroft, said that the account was in dispute and Moorcroft replied (twice) that they were not dealing with this matter, and to write to Barclaycard directly.

 

Barclaycard sent a badly and flawed reconstituted pile of junk that they claim is the agreement. I wrote, saying they had not complied - they predictably replied quoting little snippets of Carey. Now my partner has received a litigation warning letter from Midas (Moorcroft) (you know the one - contact us or it "may mean that a decision to proceed with legal action will be made").

 

Barclaycard have given us three different dates that they purchased Egg. We have not had a notice of assignment. Does anyone out there know the exact date that Egg sold their portfolio to Barclaycard please?

 

I am minded to reply to Barclaycard quoting Sections 108 and 234.

 

Does anyone know a link to Harrison v MBNA please, which stated there is a limit to the nature of this type of harassment (chasing for the debt even though they cannot enforce it - MgGuffick v RBS), which amounts to torture.

 

I think it's possibly too early to offer a full & final.

 

I would welcome suggestions as to the best course of action.:-)

 

I am grateful to you all,

Regards

AAngel:-)

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Hi Avenge

 

Heres some info:- http://en.wikipedia.org/wiki/Egg_Banking

 

Barclaycard will just send T & C's, as far as your concerned the account is in dispute, just send the standard letters, try not to get into 'paper tennis' with them.


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Many thanks Reb, LOL,

 

I successfully dealt with Amex and a few other creditors for myself two years ago, (even enforcing a court order I had for costs against Amex by sending the bailiffs round to them to force them to pay - ha ha), and I remember the stressed out state I got in then. I'm far more informed now, and able to deal with these credit card companies and their DCAs, but Barclaycard and Moorcroft are dense. I shall read up on the McGuffick and Harrison precedents, and avoid paper tennis except for one choice letter to them - warning them both that the onus on proof is with the claimant, and including a couple of quotes, and ending with put up or shut up (regarding provide the original true copy agreement). Then I'll leave it at that. And let all you good folks know what's happening.

Thanks, Rebel, for your advice.

Byeee.

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Hi AA,

 

As Rebs says, BC normally reply to any CCA request with T&C's or an old Application form which, in itself, should not be enforceable by a court.

 

If Egg or Moorcroft couldn't provide the credit agreement in the past, I doubt BC will be able to get it now.

 

I'd be inclined to send BC a CCA request for the Egg a/c now, so they are aware that you are minded to dispute it. They may then be inclined to negotiate a F&F Settlement and you'll be in a stronger position if the credit agreement is not available.

 

:-)


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Hi AA,

 

I'd be inclined to send BC a CCA request for the Egg a/c now, so they are aware that you are minded to dispute it. They may then be inclined to negotiate a F&F Settlement and you'll be in a stronger position if the credit agreement is not available.

 

:-)

 

Hi Slick132

 

I shall do that, although I have already asked them to confirm whether they have the original signed agreement or not, and their three page letter went all round the houses and didn't answer my question! It's strange, but I find that I am more concerned about the "litigation warning" letter from Midas, which is stupid, I know, because I know it's intended to frighten, and I'm perfectly capable of taking them out in court, should it actually get that far. If I know me (and I do), if Moorcroft continue to pursue my other half, any trepidation I may be feeling will turn into cold fuming anger. When that happens, the more they pursue him, the more determined and aggressive I will be in curbing their bad behaviour. Anyhow, for the cost of £1.00 I think it's a good idea of yours to put BC to burden of proof. I'll keep everyone here advised - if my experience helps others that can only be good.

 

You know, all of this happened because Egg without warning closed my partner's account. This is a situation all of their own making, so they deserve whatever they get.

Once again, thanks:-)

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Hi AA,

 

As Rebs says, BC normally reply to any CCA request with T&C's or an old Application form which, in itself, should not be enforceable by a court.

 

If Egg or Moorcroft couldn't provide the credit agreement in the past, I doubt BC will be able to get it now.

 

I'd be inclined to send BC a CCA request for the Egg a/c now, so they are aware that you are minded to dispute it. They may then be inclined to negotiate a F&F Settlement and you'll be in a stronger position if the credit agreement is not available."

 

Just as an update - when Barclaycard wrote to my partner they said, "Collectors will continue to contact you by telephone, letter or personal visit until a suitable repayment agreement has been made."

 

I sent them £1.00 for a CCA request and the letter revoking their licence to come onto my property. I also sent one to their agents. BC have replied by saying "We are satisfied that we have met the requirements of S78 of the CCA. We are under no obligation to provide you with any further documents or information."

 

We are waiting to see if they do reply to the CCA request, which they should do, as the previous CCA request was addressed to EGG. Or perhaps they will try to keep the £1.00!!!

 

In the meantime, their DCA have sent us their "Discount Offer" letter.

 

By the way, thanks to everyone for their imput and guidance. :)

Edited by slick132

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Hi AA,

 

Keep us informed of events.

 

:wink:


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Hi Slick,

I can't believe how long this has taken, but Egg have disappeared and I won the fight. No contract, so no account, no debt. Yaaay. Since then I have also won a PPI refund for my partner from Capital One through the Ombudsman. Huge thanks to everybody for all your support. Mwah.

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Hi AA and thanks for the update.

 

Please give some more info about how this was resolved.

 

:-)


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