Court Directions and Default Notice - AK & old EGG debt

[elrib]

Hi.

 

Old Egg Debt been round a few DCA and now been sold to AK.

 

Only documents I have had are copy of a agreement not sure if it is enforcable, as other DCA have not persued this but sent it back to EGG.

Also have T & C but seperate and not sure if they relate to this agreement.

Would like a bit of advise on how to proceed.

Agreement attached.

 

egg 21.pdf

[PGH7447]

when was the Last payment or written acknowldgement?

[elrib]

I did pay some token payments in early 2009, but nothing since then.

 

But before that it would have been late 1996

E.

[FORMISTER]

If you hadn't paid anything between 96 and 2009 the debt would of become statute barred in 2002.

 

If a payment is made after a 6-year gap, the Limitations Act 1980 is still enforceable and the debt remains Statute Barred.

[FORMISTER]

Adapt and send the following letter http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred

 

State that you did not pay or recognise the debt between the period of 1996 and 2009 and that although you paid some token payments in 2009 the Satute of Limitations is still enforcable and therefore you are not obliged to offer any payment and the debt is unenforceable.

 

FYI - A debt is no longer enforcable if the debtor has not offered/ made payment or recognised the debt since the last payment was due in 6 years or more. Although you will still owe the debt, they can not take you to court to enforce the debt

Edited January 30, 2011 by FORMISTER

[elrib]

Sorry guys. but it was 2006 not 1996 Not got the right head on at this time.

E.

[FORMISTER]

Is this agreement the origional or a reconstituted agreement? I mean, is it the agreement that you origionally signed?

Edited January 30, 2011 by FORMISTER

[FORMISTER]

If it is just a copy of the agreement which you did not sign

then the DCA had met their obligations under your CCA request which they are allowed to do by sending a 'Reconstituted Agreement'.

 

But the absence of the actual signed Agreement is relevant. This is the document which will make their claim in a county court enforceable. Without that the alleged Agreement it is NOT enforceable in Court.

[elrib]

That is a copy of what they say is the origional agreement it did have my signature on it, but this is all they have sent, it does not have an agreement number but did have a bar code, not 100% sure if has all the right terms.

E.

[FORMISTER]

So the copy you have posted had your signature and address etc on it, which you have blanked out?

[elrib]

Yes I have blank it out,

[FORMISTER]

There seems to be a few things missing from the agreement, like credit limit, APR on purchases, cooling off period. Are their separate T&C's available. This should all be included within the four corners of the agreement.

 

I would say this is unenforcable

[elrib]

There are some T & C which are just typed on plane paper, which has the same info which is on the agreement. nothing to ref them to this agreement or agreement to them.

 

The letter which came with stated the following.

Document A - A copy of your original agreement which contains the original interest rates.

Document B - Your current terms and conditions.

Thanks for your help and input Formister.

Elrib.

[FORMISTER]

No problem. I think the clue is the fact that the other DCA's have not been willing to take you to court

[FORMISTER]

It tells you the APR for balance transfer and cash withdrawals but not purchases

[elrib]

I also belive that there should be a right to cancel box,

If there are parts missing does that still mean that they have ment their obligations under the Consumer Credit Act 1974, by sending this.

E.

[FORMISTER]

Sorry Thats what I meant by cooling off / right to cancel. There is no credit limit on the form, the T&C's are not included within the four corners of the agreement.

 

In my opinion this is not an enforcable agreement.

 

They have complied with your CCA request by sending a reconstituted agreement. This doesn't mean you have to pay them, it isn't enforcable.

 

Im sure other CAGGERS will have a look and give you a second opinion

[elrib]

As AK are now asking for payment, would it be best if I send them a Questionable agreement letter,

 

The only thing I have had with relation to them puchasing the debt is a letter from them and a letter came with it from so call Egg. Am I right that I should of had a N.O.A letter from Egg in the right format.

It also state in their letter that interest will be applied till I agree a payment plan, Again can they do this as the agreement was terminated by EGG..

E.

[FORMISTER]

No they shouldn't be charging you interest, the account is in dispute as well so no charges should be added.

 

Yes send them the letter.

 

You don't need to receive notice from egg but you should receive a Notice of Assignment from the DCA

[elrib]

Hi

I have a credit agreement which does not quite match my name ie.

 

Agreement made to Mrs T W Blogs, But I do not have a middle name ie Mrs T Blogs.

I had reported this when I first received the agreement and was told a new one would be sent but never was. also there is no cancellation box on the agreement.

Would this still be enforceable its an old Egg agreement.

Thanks.

[BRIGADIER2JCS]

How old is this agreement, Pre April 2007?

[42man]

It would be a very minor issue in my opinion....

[citizenB]

I would think the lack of the cancellation box would be more of an issue.. but you would certainly require more.

[42man]

If there was no cancellation box or cancellation terms then that may possibly be something you should push a little further, as the notice of cancellation rights is prescribed by Consumer Credit (Cancellation Notices And Copies Of Documents Regulations 1983)

[elrib]

Hi

 

Agreement is pre 2007.

 

thanks