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    • Absolutely brilliant win, BW caught out by shenanigans again, I will change the threat title to eflect your win, and if you can a donation would be most welcome to help keep CAG up and running.
    • Quick update: On PPP, I've been advised to post this at their address, what are your thoughts about it? Just asking for a second opinion, as I have no knowledge of these kind of laws.   "Dear Sirs, I have received your Notice to Keeper xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc"
    • just got out of the virtual court, lasted over an hr!   So bwlegals rep tried to disregard my witness statement because they didn't receive it until the 4th August,  Judge  asked me when it was posted, told him 15th, he asked why it wasn't posted before that to ensure it go to the solicitors on time, basically told him I am defending myself, im not a solicitor and to put my defense together takes time and i only relieved bwlegals response on the 14th , and I did email the court on the 15th once I had completed it.. Judge was happy with response 1-0 to me   Then the solicitor went on a spree about all the appendices... images etc and to disregard the 3 hr  images and use the new witness statement, I asked to speak and pretty much nailed it with lookinforinfo's response   Solicitor asked me whether I agree that the parking is 2 hrs or not, i said in July 2019 I would have said no, its 3 hrs like the rest of the retail park. He asked did you read the signage, I said no.. i have parked in the retail park all the time and its been 3 hrs, i referred them to the website which states puregym is part of castle marina retail and it states 3hrs, solicitor gave some bs and asked to disregard that as its third party..    Then the judge had his final say.. and to be honest it felt like being in the apprentice board room.. one minute i'm like crap this isn't looking good, then its like.. oh this looks good.. then its like oh crap i've lost... summing up Judge said the images provided by the claimant provide no help whatsoever, you can't even read the images.. The 3 hr parking image is legit, if you look at it closely it is  a proper sign and not a dummy image like BWlegal were claiming (tbh i didnt notice that) There are no images of the car park signage on the date of the overstay.. so claim failed!!   I WIN !   Well i should say we win, I could not have done this without you guys huge thanks for everyone who helped   and i'll make a donation to this site to help others  
    • I have an online shop and have been sending small items via them for years.   Last week I have an email saying one item was over weight and there is a fee plus admin fee to pay, never had this before and asked for evidence etc but they won't supply and want me to send proof it wasn't or they will reserve the right to send debt collectors after this amount (under £5) !!! which is laughable.   Just sent this reply to them and will update what response I get:   " Thank you for the email, it contents have been noted. As I have stated all along I require evidence that the parcel I sent was over weight, this would be a photograph of the parcel showing the weight on the scales it was weighed on with the name and address showing dated the day it was flagged up by your system. If you cannot produce this within 14 days I will consider this matter closed, if you can supply this I will process the payment within 28 working days. When I have had to claim of you for damaging or losing parcels I have sent through your company, I have to prove what has happened by photograph and signed forms from my customers before you will even consider paying out. I have sent hundred of parcels through your company in the past and have never had this problem before and this is why I am asking for proof, and to state you will reserve the right to send debt collectors after me for under £5 is frankly laughable. I await your response."   At the moment I have a damage claim going through for a little over the amount they want I wonder if they will try and not pay that one out?
    • Just a side outside the box thought, Is it possible the Council have designated the property in their systems a short term emergency dwelling like a homeless hostel similar to placing a family in B&B so the tenants do not have a proper Tenancy Agreement.  have seen shenanigans like that with Councils.  Its just an off the wall though but a possibility.
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Angry Cat v Egg** Egg smashed at last**


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Hi Guy's,

 

I am posting this update because I want you all to know...just how sneaky Egg are!!!

 

At the judges suggestion I have written to Egg's solicitor (Addleshaw Goddard) in order that I can get the unfair default removed. Therefore, obviously I am in corresponcence with Addleshaw Goddard.

Now, the cheque that I received from Addleshaw Goddard has only just cleared through the banking system and I have not yet withdrawn my Claim formally by advising the court that payment has been received.

 

However, Egg have wasted no time as yesterday I received a letter from APLINS solicitors dated 27 April 2007:-

"We have been instructed by Direct Legal & Collections on behalf of Egg Banking plc to recover the outstanding balance.

If you do not make full payment or reach agreement with Direct Legal & Collections within 7 days, legal proceedings may be commenced without further notice. (Letter received yesterday 30/04/07 and payment has to be made by 4 May 2007!?)

In the event of Judgemment being obtained, we seek all fixed costs and fees which will be added to the outstanding debt.

Direct Legal & Collections corresponcence address is:-

Buckingham Road

Brackley

Northants NN13 7DN".

 

Ah Ha, so the above letter is not really from APLINS solicitors at all, it is just written on APLINS paper for DL&C!!!

http://www.consumeractiongroup.co.uk/forum/egg/4267-angry-cat-egg-egg-3.html#post147346

 

Nice one Egg.

 

Advice please on how to deal with the above letter and bear in mind that I am still in Dispute re: PPI.

 

AC

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Yes WormHasTurned,

I made a request under S78 CCA 1974 some time ago, together with a request for a signed true and certified copy of the default registered with the CRA's.

 

On 26 January 07 I was sent a copy of the Agreement but to date I have not been provided with proof that a Notice of Default was actually sent to me.

 

AC

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Dear AC,

 

PPI is a complex issue and I do not know the strength of your case so I shall sidestep PPI.

 

Their lawsuit

 

Egg probably wants to make a high-profile example of you to discourage others.

 

Your submission

 

To establish liability for immediate payment they need to stand on the legal precursor of a Default Notice. Your submission could be that Egg's offer of full settlement was a tacit admission that their charges and consequent Contractual Interest were unlawful. If said moneys had never been levied, your account would never have gone over-limit(?), would never have deserved the DN. If cause is rolled back, so too effect. No more DN, no basis for demanding immediate full repayment.

 

Their submission

 

Egg can of course flash their usual disclaimer accompanying their settlement offers, stating that they did believe their charges were lawful, that they only settled to save expenses. If so, you could consider doing a Tom Brennan and use the DN hearing to get a court ruling on the legality of Egg charges. Thus forced into a corner Egg's barrister will abandon all their aims and run from the court room. In fact at any stage leading up to the trial if Egg senses defeat they will do a runner abandoning their lawsuit to demand payment. For this reason their lawsuit is not a reliable vehicle to achieve your overriding priority of repairing your credit file.

 

Your lawsuit to remove DN

 

If you are going to file N1 claim, might as well file it asap. If you cannot file it before Egg's deadline of 4th May, at least send them an Eggmail to say N1 is in imminent process of lodgement, i.e. Default Notice is sub judice. As they went awol at the last court hearing they could claim ignorance of your intention to overturn the DN -- but not if you tell them. If you do everything by the book, while Egg seizes every chance for Abuse of Process, then in any discretionary situation future judges will lean your way.

 

Your case for Exemplary Damages

 

The unjustified DN did nothing to help you get a house mortgage, so you could consider Tom Brennan's idea of suing for Exemplary Damages. Your yearlong burden of suffering Egg runarounds will support your submission if lucidly articulated. Umpteen times Egg promised to defend in court, umpteen times Egg went awol.

 

Best outcome of all is for Egg to read this and decide discretion is the better part of valour, to throw in the towel and remove your DN. Not a favour. No more than justice long delayed. To this end, recent Forum experience shows that an Eggmail seems to work better than a letter.

 

Unless of course, you have by now developed an appetite for legal tug-of-wars, lol.

 

Best of luck!

 

Mr Mind

 

-----------------------------------------------------

(Here comes the disclaimer: all the above opinion is written from common sense, not from legal knowledge).

 

 

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Thanks Mister Mind!

 

I have sent the following letter:-

 

"May 3, 2007

Your reference: XXXXXXX

 

RECORDED DELIVERY

 

Mr. Rob Payne

Addleshaw Goddard

100 Barbirolli Square

Manchester

M2 3AB

 

Dear Mr. Payne,

Angry Cat v Egg Banking plc – Claim Number 6TN01564

Thank you for your letter dated 16 April 2007 and the enclosed cheque to the amount of £76.28. I noted your absence from Court at the hearing dated 18 April 2007.

 

As you are aware my Claim against your client Egg Banking plc (“Egg”) pursuant to my amended particulars of claim dated 9 January 2007 amounted to a total of £521.55. This amount was agreed by the District Judge Hebblethwaite on 10 January 2007, as I believe that he considered it correct to have my account brought back to the status quo, which factually the account has not been brought back to the status quo. I have taken Egg’s payment of full settlement of my claim as a tacit admission that their charges and consequent contractual interest were Unlawful. If said monies had never been levied, my account would never had gone over limit.

Your Client Egg cancelled my credit card and ‘Unlawfully’ registered a Default on my Credit Reference Agency files without providing me with a statutory Notice of Default, as required under the Consumer Credit Act 1974, I only discovered the default by an audit of my Experian Credit file. Further, your client had been served with statutory Section 10 & 12 Notices under The Data Protection Act 1998 by myself, requesting that they cease to process my personal subject data to third parties, together with the fact that I formally ‘Withdrew’ my alleged consent from Egg to process my personal subject data to third parties. Your client blatantly ignored my requests and went ahead riding roughshod over my ‘Rights’ under the Data Protection Act 1998! Clearly, had the Unlawful charges and contractual interest never been levied, the account would not have gone over limit and the Default would not have been registered with the Credit Reference Agencies. I demand that your client (Egg) remove the Unwarranted, Unjustified and Unlawful Default from my Credit Reference Agencies, Experian, Equifax & Call Credit, credit files, mere correction will not be sufficient, I demand that all my Egg payment history and data be removed forthwith, adverse data that is incorrect, that is affecting my reputation and could be viewed as defamatory.

 

Please take notice, that I also consider that the cancellation of my Egg credit card was a retaliatory act on the part of your client! Had I not exercised ‘My Right’ in claiming back the Unlawful charges levied by your client, I would not have been caused so much stress damage and financial loss, all whilst being unwell.

 

If your client refuses to comply with my request, I must advise you that an additional N1 claim against your client is in imminent process of lodgement to have the Default removed by the judice.

I noted your absence from Court at the hearing dated 18 April 2007, however I believe that you cannot claim ignorance of my intention to have the Unwarranted, Unjustified, Unlawful Default removed from my Credit Reference Agency files, as the Default is clearly mentioned in part C of my particulars of Claim dated 09 January 2007.

 

I have had to endure a year long burden of suffering caused by your client, Egg’s runarounds, I have written umpteen times and I demand that I should be treated with decency and fairness.

 

I would formally advise you Addleshaw Goddard, one of Egg’s solicitors that I am still in ‘DISPUTE’ with your client over matters various, including the mis-selling of payment protection insurance to me.

 

Because, I have received your cheque for the amount of £76.28, I will not be re-listing my application in relation to my claim 6TN01564 and I will advise the court accordingly. However a further N1 Claim is in imminent process of issue.

 

Lastly I enclose for your attention, a copy letter from Direct Legal & Collections, this letter is written on another firm of (Egg’s) solicitors letter headed paper namely APLINS, the letter is of course not directly from this legal firm it is from your clients debt collection agency. I am sure that Addleshaw Goddard as a reputable legal firm, regulated by The Law Society must be aware of The Office of Fair Trading’s guidelines regarding debt collection. All matters should be ‘Crystal Clear’ your client should not be using backdoor debt collection, bad practice especially when there is clearly a DISPUTE. I will of course send APLINS solicitors a copy of this letter.

 

I await your response".

 

I have also written to DLC the Egg debt collectors and...

APLINS solicitors, but I did not send the APLINS letter to the PO Box number quoted as I believe it would just have been delivered to DLC, instead I obtained the correct postal address for APLINS from the internet and sent the letter to the correct full postal address.

Further, I attached copies of both these letters to the Addleshaw Goddard letter...All three were sent via Royal Mail Recorded Delivery.

 

Love AC

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Dear AC,

 

The twists and turns in your yearlong struggle for justice are very real to you. But as a spectator I have to say each time I tried to read through this thread I passed out halfway through, such is the wealth of detail. It is possible Egg lawyers do the same, then they move your folder to the bottom of the pile.

 

Unlike criminal court, civil court appears to be slow and genteel, providing endless setasides on demand. Small Claims Court appears to have but one aim in mind, to redistribute money, not to apportion blame.

 

 

 

 

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r

Dear AC,

The twists and turns in your yearlong struggle for justice are very real to you. But as a spectator I have to say each time I tried to read through this thread I passed out halfway through, such is the wealth of detail. It is possible Egg lawyers also pass out, after which they move your folder to the bottom of the pile.

Unlike criminal court, civil court appears to be leisurely and genteel, providing endless setasides on demand. Small Claims Court appears to have but one aim in mind, to redistribute money, not to apportion blame. If your action has gone on for a year, and if it looks like continuing in the same vein, I would be inclined to cut the gordian knot outflank the opponent by a different route, revealing new weaponry.
If underlings continue not to play fair,
then it is possible to write to Egg's Company Secretary at his home address (£5 discovery from
Companies House
) who can cut through the bureaucracy. Ultimately he is the person legally answerable for Egg, and he appreciates better than most the consequences of escalation.

 

Your Two Demands

Removal of unfounded Default Notice.

 

Wiping misleading payment arrears blackmark.

 

OR ELSE

 

New lawsuit for Exemplary Damages

(Brennan v NatWest, AC v Egg)

 

Compensation for unjustified damage to your credit rating.

 

Yearlong aggravated distress, wilfully inflicted on a lawful claimant in a pattern of serial obstruction and Abuse of Process, with Egg lawyers time and again promising to defend in court then disappearing (and hearings supplied).

 

------------------------------------------------

 

You do not need to fire off a nuclear missile, only to show you have the red button so to do. Any institution which now chooses to laugh at an impending Brennan type lawsuit would be foolhardy.

 

You do not need to go through with the lawsuit. Just lodging it would have half the press publicising your struggle versus Egg. Just threatening to lodge the lawsuit will engage their full attention.

 

You will not like the name of AC splashed in the newspapers, but Egg will like it even less. If they cannot afford to find out if you are bluffing, then they will comply. Your demand really is not a lot to ask from a lawbreaker -- a girl only wants her good name back, maybe to buy a flat.

 

GL x

 

 

 

 

 

  • Haha 1

 

 

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Mister Mind-

You are a real diamond* and...

a total inspiration!!

 

I thank you so much for your support:)

 

Will keep you all posted.

 

Just checked with royal mail and all three letters:-

Addleshaw Goddard

APLINS solicitors and

DLC

have been delivered today 4 May 2007.

 

AC

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"Will keep you all posted.

 

Just checked with royal mail and all three letters:-

Addleshaw Goddard

APLINS solicitors and

DLC

have been delivered today 4 May 2007".

 

AC

 

Okay Guy's,

I have received the first response to my letters, it is from DL&C and a very swift reply at that.

 

"Dear AC

 

Further to your recent correspondence.

 

I can confirm following receiving yout letter of the 3rd May 2007 your account has been place on hold and your letter forwarded to our clients Egg Banking.

 

Yours sincerely

 

Mrs L E Clarke

Egg Team Leader".

 

AC

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  • 3 weeks later...

any further news ac

yours CB

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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  • 2 weeks later...
Okay Guy's,

I have received the first response to my letters, it is from DL&C and a very swift reply at that.

 

"Dear AC

 

Further to your recent correspondence.

 

I can confirm following receiving yout letter of the 3rd May 2007 your account has been place on hold and your letter forwarded to our clients Egg Banking.

 

Yours sincerely

 

Mrs L E Clarke

Egg Team Leader".

 

AC

 

Hi Guys,

 

You will note that the above letter states that my account has been placed on hold and that the letter is signed by Mrs L E Clarke, Egg Team Leader. Well factually this letter was sent to me by DLC!!! (Direct Legal & Collections)

 

Put on hold!!! Rubbish. I wondered as to why you and your solicitors Addleshaw Goddard have remained so silent

 

Even though I am in Dispute over matters various with Humpty Dumpty, they have now passed my account to:-

ARC (Europe) Ltd for collection?

 

Oh, Goody Gumdrops...two debt collectors at the same time, nice one Humpty, perhaps you bashed your head?

 

I feel another letter coming on.

 

Love AC

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Hi Guy's

 

An update.

Egg have now 2 DCA's chasing me at the same time, DLC & ARC. Therefore, I have just sent ARC the following letter by Royal Mail Recorded Delivery.

 

"ARC (Europe) Ltd

Kent House

Churchfield Road

Walton-on-Thames

Surrey

KT12 2TU

 

Dear Sir or Madam:

 

COMPLAINT

 

I am in receipt of your correspondence dated 15 June 2007 which threatens:-

“We wish to make it quite clear that unless a substantial payment is made to us within the next ten days, along with a firm offer to clear the rest of the overdue balance, we will pass your account to our Solicitors, with instructions to issue proceedings against you in the County Court”.

Firstly, I hereby inform you that this account is subject to a dispute involving litigation.

 

Secondly, if you are acting as an agent for Egg Banking plc I would suggest that you refrain from pursuing this as to do so in these conditions could be classed as unlawful. I have already warned Direct Legal & Collections, who were instructed by Egg Banking plc, to desist from harassing me. Direct Legal & Collections wrote to me 4 May 2007 stating “I can confirm following receiving your letter of the 3rd May 2007 your account has been placed on hold”. Take notice, that I have NOT been informed by either Egg or DLC that the account has been passed to you ARC (Europe) Ltd – Credit Management. I, take an extremely dim view, of your firm’s psychological harassment collection methods! I feel sure that you must be aware of the Office of Fair Trading Guidance on Unfair Debt Collection Practices, July 2003. However, for the avoidance of doubt I will remind you.

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

 

• Using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties.

 

• Not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties.

 

• Not informing the debtor when their case has been passed on to a different debt collector.

 

• Pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so.

 

• Making threatening statements or gestures or taking actions which suggest harm to debtors.

 

• Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

• Disclosing or threatening to disclose debt details to third parties unless legally entitled to do so.

 

Deceptive and/or unfair methods

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

 

• Passing on debtors details to debt management companies without the debtors’ informed consent.

 

• Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed.

 

• Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Egg Banking plc and their solicitor; Addleshaw Goddard LLP are aware of my dispute. Therefore, I am shocked that they may have authorised your action.

 

Any further harassment by letter will be dealt with by the Harassment Act 1997 (see below)

 

“Protection from Harassment Act 1997” The Protection from Harassment Act 1997 introduces four new criminal offences.

 

• Harassment (section 2): summary only, six months imprisonment and/or a level 5 fine.

 

• Section 7 defines a course of conduct as involving conduct on at least two occasions. Harassment is not defined, but includes causing alarm or distress and conduct is defined as including speech.

 

• Section 7(3)A provided that Conduct by one person shall also be taken to be conduct by another if that other has aided, abetted, counseled or procured the conduct. The Knowledge and purpose of the person who aids, abets, counsels or procures conduct are what was contemplated or reasonably foreseeable at the time of aiding, abetting, counseling or procuring and not when the conduct occurs.

 

Lastly, I would inform you that Egg Banking plc., are in Default under the Consumer Credit Act 1974 – failure to produce agreement that conforms with section 65 (1) of the Consumer Credit Act and is therefore unenforceable under section 127 (3) of the same Act.

 

A formal complaint has been made to the Office of Fair Trading and Trading Standards.

 

Yours faithfully

 

Angry Cat".

 

Yesterday, I reported Egg to Consumer Direct who in turn passed my complaint to my local Trading Standards.

 

Today, 21 June 2007 my local TS fair trading officer telephoned me as consumer direct had passed on my complaint. I provided her with all the details regarding the Harassment by DLC & ARC, the two debt collectors that are threatening me at the same time, a consumer in dispute, with a valid dispute.

 

Love AC

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Hi AC :)

 

Thankyou for looking at my thread. Do you know, i never even thought about complaining about the fact the Egg account was passed from Eversheds to Arc without telling me or that an Orange account was passed from NDR to NCO with prior notice either. These people really are rude. I will be copying your letter to save. I think it will be very useful!

 

Good stuff and thanks for letting me know about this letter. I'll be back to see what responses you get!! ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Guy's

 

An update.

Egg have now 2 DCA's chasing me at the same time, DLC & ARC. Therefore, I have just sent ARC the following letter by Royal Mail Recorded Delivery.

 

"ARC (Europe) Ltd

Kent House

Churchfield Road

Walton-on-Thames

Surrey

KT12 2TU

 

Dear Sir or Madam:

 

COMPLAINT

 

I am in receipt of your correspondence dated 15 June 2007 which threatens:-

“We wish to make it quite clear that unless a substantial payment is made to us within the next ten days, along with a firm offer to clear the rest of the overdue balance, we will pass your account to our Solicitors, with instructions to issue proceedings against you in the County Court”.

Firstly, I hereby inform you that this account is subject to a dispute involving litigation.

 

Secondly, if you are acting as an agent for Egg Banking plc I would suggest that you refrain from pursuing this as to do so in these conditions could be classed as unlawful. I have already warned Direct Legal & Collections, who were instructed by Egg Banking plc, to desist from harassing me. Direct Legal & Collections wrote to me 4 May 2007 stating “I can confirm following receiving your letter of the 3rd May 2007 your account has been placed on hold”. Take notice, that I have NOT been informed by either Egg or DLC that the account has been passed to you ARC (Europe) Ltd – Credit Management. I, take an extremely dim view, of your firm’s psychological harassment collection methods! I feel sure that you must be aware of the Office of Fair Trading Guidance on Unfair Debt Collection Practices, July 2003. However, for the avoidance of doubt I will remind you.

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

 

• Using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties.

 

• Not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties.

 

• Not informing the debtor when their case has been passed on to a different debt collector.

 

• Pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so.

 

• Making threatening statements or gestures or taking actions which suggest harm to debtors.

 

• Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

• Disclosing or threatening to disclose debt details to third parties unless legally entitled to do so.

 

Deceptive and/or unfair methods

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

 

• Passing on debtors details to debt management companies without the debtors’ informed consent.

 

• Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed.

 

• Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Egg Banking plc and their solicitor; Addleshaw Goddard LLP are aware of my dispute. Therefore, I am shocked that they may have authorised your action.

 

Any further harassment by letter will be dealt with by the Harassment Act 1997 (see below)

 

“Protection from Harassment Act 1997” The Protection from Harassment Act 1997 introduces four new criminal offences.

 

• Harassment (section 2): summary only, six months imprisonment and/or a level 5 fine.

 

• Section 7 defines a course of conduct as involving conduct on at least two occasions. Harassment is not defined, but includes causing alarm or distress and conduct is defined as including speech.

 

• Section 7(3)A provided that Conduct by one person shall also be taken to be conduct by another if that other has aided, abetted, counseled or procured the conduct. The Knowledge and purpose of the person who aids, abets, counsels or procures conduct are what was contemplated or reasonably foreseeable at the time of aiding, abetting, counseling or procuring and not when the conduct occurs.

 

Lastly, I would inform you that Egg Banking plc., are in Default under the Consumer Credit Act 1974 – failure to produce agreement that conforms with section 65 (1) of the Consumer Credit Act and is therefore unenforceable under section 127 (3) of the same Act.

 

A formal complaint has been made to the Office of Fair Trading and Trading Standards.

 

Yours faithfully

 

Angry Cat".

 

Yesterday, I reported Egg to Consumer Direct who in turn passed my complaint to my local Trading Standards.

 

Today, 21 June 2007 my local TS fair trading officer telephoned me as consumer direct had passed on my complaint. I provided her with all the details regarding the Harassment by DLC & ARC, the two debt collectors that are threatening me at the same time, a consumer in dispute, with a valid dispute.

 

Love AC

 

Hi! AC

 

I have two DCA's chasing me for the same debt and was wondering if I may copy your eliquent letter and alter for my own use.

 

kind regards

 

minky xxx

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  • 2 weeks later...

Hi Guy's,

 

Well, my letter to ARC had the desired effect, as I have just received the following letter from them dated 28 June 2007.

 

"Dear AC,

 

Thank you for your recent correspondence.

 

We apologise sincerely for the letter we sent you dated; we were acting in good faith on information provided to us by our client. However, on receipt of your letter we have spoken with Egg and they have advised us that unfortunately due to an administrative error your account was mistakenly referred to us.

 

We can confirm that we have now closed you file on our system.

 

As you have made a complaint against our company, in accordance with the Financial Ombudsman Service regulations, we have enclosed a copy of our complaints procedures.

 

Yours sincerley,

 

J Turner

ARC (Europe) Ltd".

 

I like the part re: administrative error. How could it have been an administrative error? if Egg provided ARC with information regarding collection on my account when Egg Knew full well that they had already instructed DLC to collect on an account in dispute...utter twoddle.

 

Humpty Dumpty remains eerily silent, still I guess the Egg will wake up when TS make contact, also I note that Humpty continues to process my personal subject data to third parties! Naughty Egg.

 

Love AC

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Ha Ha....Yes. they are like a stubborn child & they won't give up, even though their legal costs must be exorbitant.:rolleyes:

 

Hope T S shake them up then....LOL

 

Yasmin

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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What a satisfying development that is AC. It gets more interesting by the minute. I've had another threatening letter from Arc (CCJs and charging orders this time), but still waiting for S.A.R from Egg.

 

Well, let's keep going and see where this takes us :rolleyes:

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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AH HA!

 

Humpty Dumpty Has woken up!

 

I presume that Addleshaw Goddard, (Egg's solicitors) Direct Legal & Collections and ARC Europe Ltd, forwarded my letters on to Egg. Together with the fact, that I have reported Egg to Trading Standards for Harassment/ Bad Practice and failure to comply with my S78 CCA 1974 Request, resulting in Egg being in breach/Default of said Act.

 

The following is the letter that I have just received from EGG:- (Don't get excited it's the usual computer generated complaint response letter, not even signed)

 

"Dear AC

 

RE: YOUR EGG ACCOUNT xxxxxxxxxxxxx

 

I'm sorry that you have had to complain to us. We will start to work on your case right away and one of our Customer Relations Advisers will be back in touch to advise you of our progress. If you need to contact us in the meantime, don't heaitate to use the contact details at the side of this letter.

 

We will do everything we can to resolve this with you as quickly as possible. Here are the timescales that our regulator, the Financial Services Authority, requires us to work to. In the vast majority of cases we resolve problems a lot quicker than this.

 

*We must acknowledge receipt of your complaint within five days

 

*If we are unable to resolve your complaint within four weeks of receipt, we must contact you and explain why. We will also give you an indication of when we will next be in touch.

 

* If we are unable to resolve your complaint to your satisfaction within eight weeks of receipt, we must contact you again and explain why. You can then (or sooner if you do not accept our earlier resolution) excercise your right to take your complaint to the Financial Ombudsman Service. You have six months from the date of our resolution to do this.

 

Thanks for telling us know about the problems you have experienced and for the opportunity to put things right.

 

Yours sincerley

 

Jeanette Hadfield - Customer Relations Office, Egg".

 

Utter Twoddle!!!

 

Love AC

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At last, the cracks are starting to show :D

Good stuff AC. At least you can use that letter if the DCAs are dumb enough to contact you again for payment. Well done.

 

Best wishes :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 2 weeks later...

Hi Guy's!

 

An update.

 

I received a telephone call from TS to discuss the paperwork/documents that I sent attached to my complaint.

TS are in agreement with me that Egg have not fully complied with my S78 CCA request. Therefore, TS will now commence their investigations re enforcement etc.

 

Love AC

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