Egg debt. online??

[gfam64]

Ive recently been sent a letter from Marlin

re an alleged debt from Barclaycard (Orig Eggi card)

 

Apparently this was an online application and as such, no signatureicon was needed.

 

I do remember having an Egg card,

but I also remember the balance being around £300 not the 2428.50 they now assert.

 

This was over 5 yrs ago.

I was further puzzled when I heard recently that Barclay had sold customers info to rogue traders.

 

I have just asked them to send me a signed agreement,

 

but they say the tick box was sufficient... REALLY??

 

Ive also asked for a full statement of account,

 

Payments made and full balance etc.

 

Any advice will be most welcome please.

Glenn

[dx100uk]

is this on your credit file?

 

dx

[slick132]

Have you sent off a CCA request and a SAR, each with the relevant fees.

 

This is the proper way to get the info you need.

 

[gfam64]

@dx100uk No its not on my Noddle file.

@ slick132 I have asked for this info but not formally. There is a telephone request tho.... (same thing?) I have told them they wont get a penny till I get the proof that I do owe this debt and amount....

 

There is some law which states they have 40 days to provide proof or debt is unenforceable...what is it pls?

Thank you all for your support.

G

[dx100uk]

CCA request

 

they have 12+2 WORKING days

 

when did you take the card out?

 

SAR should goto Canadian square egg address

 

dx

[citizenB]

@dx100uk No its not on my Noddle file.

@ slick132 I have asked for this info but not formally. There is a telephone request tho.... (same thing?) I have told them they wont get a penny till I get the proof that I do owe this debt and amount....

 

There is some law which states they have 40 days to provide proof or debt is unenforceable...what is it pls?

Thank you all for your support.

G

 

Not sure where you got this little gem from !

 

They have 40 calendar days in which to provide data in respect of a properly requested Subject Access Request which should include the statutory fee of £10.00

 

A CCA 1974 request (request for a copy of the agreement) requires £1.00 and they have 12 working days plus 2 in which to provide this. All this will do is not permit them to obtain Judgment - they can however, take all actions up to and including the issuing of a claim.

[gfam64]

Hi All and thanks for your input. It is really helpful.

Ive just got another letter this morning stating that the agreement date was 12/01/2005.

Thats over 9 yrs ago.

 

This alleged debt doesnt show up on my noddle account eithe.

 

They further state that "Payments of less than the fullamount will be allocated in the following order (1) to pay any amounts of interest applied to your account, (2) to pay any costs and chargesapplied to your account, and (3) to pay the principal sum owed.

 

How do I get them to give me a proper breakdown of this account, i.e I wnat to know how they have arrived at this figure, what my starting balance was, from zero to this "plucked out of the air" sum.

 

Thank you for reading.

Glenn

[gfam64]

Ive just signed up to Experian to further check this problem.

There is no record of any reference to an Egg account at all. There are no defaults on my file. This corroborates my Noddle file which says the same. Can this alleged debt be real?

[dx100uk]

so you have the cca return?

 

dx

[gfam64]

Hi.

Sorry, no. I havent sent it yet.. It was just a telephone request.

Ill get one sent off in the next couple of days

[dx100uk]

so you've not sent the cca request to marlins?

 

dx

[gfam64]

Hi. Thank you for this template.

 

The debt is from Feb 2005. If it was digitally signed, is this still OK?...

 

I refer to your previous comment about April 2007.

 

...How does that work with the CCA and their requirement to send me a true copy of my signed agreement?

 

Ive just found out, by ringing Barclaycard direct that this debt is real and the sum claimed is correct.

 

I cannot believe that it has taken them 9 yrs to get in touch with me...

. I had not even realised the debt existed.

 

I have moved home 4 times in that time.

 

I am not aware of any correspondences at all,

soI will send a SAR to them so they can prove it...

 

Without that, shouldnt the debt be statute barred??

 

Im just dumbfounded that this even is here..

[dx100uk]

when was you last payment or usage?

 

that will be the important date

 

did you ask?

 

dx

[gfam64]

I havent used the card in over 7yrs. and i dont even remember in making payments in a similar time.

This has just come out of nowhere...

Thanks

[dx100uk]

then its statute barred

 

dx

[gfam64]

Thanks for that.

Barclaycard told me they sold the debt in Jan 2013 and they definitely havent written since then. I would remember.

 

Its just strange that they didnt try get in touch earlier... esp as I still have an active Barclay card and bank with Barclays...

Mad, eh??

 

Glenn

[slick132]

You should see what evidence you can find to prove when you last made any payment towards this a/c. Only then can you be sure the a/c is SB'd.

 

In the meantime, tell BC or the DCA that the a/c is SB'd and let them prove otherwise.

 

Edited March 3, 2014 by slick132